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<br />.... ; <br /> <br />" <br /> <br />.. <br /> <br />e <br /> <br />,- <br /> <br />,'.,. JUL 20 ~99 11=44 _'n '--'.- <br /> <br />. '--'---.-.. <br /> <br />--.... <br /> <br />P.2/9 <br /> <br />WHEREAS, t:he parties intend that: this agreement will bir;'d <br />the Developer and its successors in ownership of the property to <br />.the terms of said ordinance amendmen~'prior to its effective date <br />and thereafter" in the same manner 'the ordinance amendment would <br />if it was adopted prior to the issuance of permits and prior to <br /> <br />construction. <br /> <br />WHEREAS, :the parties desire that certain other agreements <br />with regard to said shopping center development be memorialized <br />in th~s development ~greement. <br />NOW, THEREFORE, it is hereby agreed by and between the <br />parties as follo~s: <br /> <br /> 1. Developer agrees to comply with the terms of the <br />ordinance amendment, attached hereto as Exhibit A, including, but <br />not limited to, restrictions on deliveries, with regard' to the <br /> <br />property described in the recitals, and the shoppi,ng center <br />development the Developer constructs on said property, as if said <br />ordinance amendment were effective prior to the issuance of <br />permits for and prior. to construction of said shopping center <br /> <br />development. <br /> <br />The Developer will not claim that said ordinance <br /> <br />amendment is not applicable to the shopping center development <br />because said use is a pr~-existin9 nonconforming use of the <br />property. <br /> <br />2. Prior to issuance of a building permit, the Developer <br />will provide to the Cit.y Planner~ for his review and approval, <br />plans and specifications for the buffer zone landscaping and <br /> <br />lighting systems. <br /> <br />Such approval. which will not be unreasonably <br /> <br />4It withheld. must be made prior to issuance of building permits. <br /> <br />2 <br />