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<br />........, <br /> <br />".. JlJL 20 '99 11= 44 -... ---.. - <br /> <br />. .--.---..-.. <br /> <br />--.... <br /> <br />P.2/9 <br /> <br />~ <br /> <br />.~ <br /> <br />WHEREAS, the parties intend that this agreement will bi~d <br />th~ Developer and its successors in ownership of the property to <br />,the terms of said ordinance amendme.n~' prior' to its effective date <br />and thereafter. in the same manner 'the ordinance amendment would <br /> <br />if it was adopted p~ior to the issuance of permits and prior to <br /> <br />construction. <br /> <br />WHEREAS, :the parties desire that ce:ctain 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 /> <br />parties as follows: <br /> <br />1. Developer agrees to comply w:i th the terms of the <br />ordinance amendment, attached hereto as Exhibit A, including. but <br /> <br />not limited to. restrictions on deliverie~s, 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 pric)r 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~-exi5ting nonconforming use of the <br />property. <br /> <br />2. Prior to issuance of a building permit, the Developer <br />will provide to the City Planner. for bis review and ~pproval, <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 />withheld. must be made prior to issuance of building permits. <br /> <br />2 <br /> <br />'1"-_, <br /> <br />,-,.",- rr--n_ <br />