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8. Further Condition. This Agreement is further conditioned <br />upon the successful closing on the purchase of the subject property <br />by Kaufhold from Independent School District No. 623. <br />9. It is further agreed by the parties, that the present <br />City Council has no control over future City councils, or this <br />same Council at future meetings. In the event, for any reason, <br />Kaufhold fails to accomplish the tax increment financing referred <br />to in, Paragraph 3, Kaufhold agrees that this will not in any way <br />jeopardize any land acquired by the City pursuant to this <br />Agreement. It is further agreed that the zoning classification <br />that may be required to be received by Kaufhold pursuant to <br />Section 4 hereof, will not place Kaufhold in any greater or <br />lesser position than any other property owner in the City with <br />similar land, provided, however that this shall not be inter- <br />preted as a waiver on the part of Kaufhold to void this Agreement <br />in the event the zoning and subdivision referred to in Section 4 <br />above, is not finally and noncontingently approved by May 1, 1988. <br />In the event such zoning and subdivision approval has not so occurred <br />?. <br />by such date, Kaufhold may, at his option, be entitled to declare this <br />agreement void, rescind it, and thereafter, each party shall be <br />restored to the same position they were at prior to this Agreement, <br />r <br />specifically including, but not necessarily limited to, the return <br />of any monetary consideration and reconveyance of all parcels <br />conveyed or dedicated pursuant hereto. <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />Agreement to be effective the day and year first above written. <br />CITY OF ROSEVILLE <br />By: <br />Its: Mayor <br />By: <br />Its: Manager <br />GERALD H. KAUFHOLD <br />