CCP 07-20-1993 - Laserfiche WebLink

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. in a unit may be less than 55 years of age. if one or more other individuals each of whom is not less than 55 years of age also reside in the unit; (B) not discriminate on the basis of color, creed, national origin. or sex in the sale. lease. use or occupancy of the Propcny, the Minimum Improvements or the Subsequent Improvements or any pan thereof; (C) not cause the Propcny. the Minimum Improvements or the Subsequent Improvements or any pan thereof to be removed from the public tax rolls or to become exempt from assessment for general ad valorem real estate taxes by tcasQn of any conveyance, lease or other action; and (0) develop the Property in an orderly manner consistent with the City's zoning ordinances and comprehensive plan so as to ensure a pleasing appearance of the developn1Cnt and to create a sense of architectural unity through appropriate placement of improvements on the Property and use of common building materials in the constrUction thereof. If the Declaration is no longer in effect and the Partnership determines that operation of the ~ Property, the Minimum Improvements and any Subsequent Improvements in accordance with the foregoing restrictions would endanger the financial viability thereof. the Partnership may request the City Council of the City to consent to the amendment, modification or termination of any of the restrictions in any respect The City is under no obligation to amend, modify or terminate any of the restrictions and may, in its seIe and absolute discretion. refuse to do so. 5,02. Covenant~. It is intended and agreed that the covcnants provided in Section 5.01 . shall be covenants running with the land binding to the fullest extent pcnnitted by law and equity for the benefit and in favor of. and enforceable by, the City. its successors and assigns, against the Partnership. and its representatives. successors and assigns. and every successor in interest to the Property or any pan thereof or any interest therein. and any pany in possession 01' occupancy of the Property or any pan thereof; provided, further, that breach of these covenants shall not result in a forfeiture of tide to the Property. . 5.03. Restrictions on ConveYance' Financin!!. Until the Public Development Activities are complete, the Partnership will not make or suffer to be made. any sale. assignment. conveyance, lease. mortgage, encumbrance. lien 01' transfer in any other form, of this Agreement or the Property, or any pan thereof. or any interest therein, or contract or agree to do any of the same. without the prior written consent of the City, Section 6. General Provisions. 6.01. Conflicts ofInterest: City's Renresentarives Not Individuallv Liable. No member, officer, or employee of the City shall have any personal interest, direct or indirect, in this Agreement. the Property, the Subsequent Improvements. the contracts for the Public Development Activities or the constrUction of the Subsequent Improvements. nOl' shall any such member, officer. or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership. or association in which he or she is. directly or indirectly. interested. No member. officer or employee of the City shall be personally liable to the Pannership in the event of any default under or breach of this Agreement by the City. ~{9fany amounrwhich may become due to the Partnership for any obligation issued under or arisirigTfum1he termS of this Agreement . ,10, t ----