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2004-07-28 WS & CC Meeting
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2004-07-28 WS & CC Meeting
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6/19/2009 8:25:00 AM
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<br />EXlDBIT D <br /> <br />PROPERTY USE COVENANTS <br /> <br />Buyer hereby agrees to have the following restrictions recorded with the Property Deed: <br /> <br />The Property shall be devoted exclusively to the purposes for which Buyer acquired it, namely: <br /> <br />1. Public Park and recreational purposes, excepting use as a Dog Park, which is expressly <br />prohibited. ["Dog Park" to be defined by the parties prior to approval of this Agreement] <br /> <br />2. Public utility purposes <br /> <br />3. Any public purposes duly designated by the City of Centerville <br /> <br />At no time shall any portion of the Property be converted to purposes or uses other than those stated <br />above. <br /> <br />The foregoing restrictions rights shal1 be binding upon and inure to the benefit of Seller and Buyer, and to <br />their successors and assigns, and sha1I run with the land. <br /> <br />In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth <br />above, Seller may institnte and prosecute any proceeding at law or in equity to abate, prevent, or enjoin <br />any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary <br />damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that <br />Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the <br />need for a bond or security, and that specific performance is an appropriate remedy and that Seller does <br />not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. <br />No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, <br />or waive the right to enforce the same, or to obtain relief against or recover for the continuation or <br />repetition of such breach or violation or any similar breach or violation thereof at any later time or times <br /> <br />In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit <br />is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, <br />including reasonable attorneys' fees incurred in connection with such suit. <br /> <br />[Remainder of page left intentionally blank.] <br /> <br />C:\Documents and SettingslTBendenLocal SettingslTemporary Internet FileslOLKJDlPurcbase and Sole of vacant lot_07-22-04.dne 16 <br />
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