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NOW, THEREFORE, the parties agree as follows: <br /> <br /> 1. Description of Progerty. The real property (the <br />#Property") which is the subject of this Agreement is located <br />in the City of Santa Aha and is more particularly described in <br />Exhibit "A" attached hereto and incorporated herein by this <br />reference. <br /> <br /> 2. Interest of Property Owner. Developer represents <br />that it is currently the owner of fee title to the real <br />property described in Exhibit "A". The parties hereby agree <br />that the terms and conditions of this Agreement shall apply to <br />the subject property as of the effective date hereof. <br /> <br /> 3. Assignment. The rights of Developer under this <br />Agreement may not be transferred or assigned unless the <br />written consent of City is first obtained, which consent shall <br />not be unreasonably withheld. <br /> <br /> 4. Binding Effect of Agreement. The burdens of this <br />Agreement shall bind, and its benefits shall inure to, the <br />successors in interest to the parties hereto. <br /> <br /> 5. Relationship of Parties. It is understood that the <br />contractual relationship between the City and Developer is <br />such that Developer is an independent contractor and not an <br />agent of City. <br /> <br /> 6. Effect of Transfer of Real Property to Another <br />Jurisdiction. If all or a portion of the real property which <br />is the subject of this Agreement is annexed or otherwise <br />becomes a part of another city, this Agreement shall thereupon <br />terminate. <br /> <br /> 7. Permitted.Uses of the Property. The parties hereby <br />agree that, for the term of this Agreement, the use and <br />development of the Property as illustrated in Exhibit "B", <br />including, but not limited to, the density (intensity of use), <br />maximum height and size of the proposed structures and required <br />parking on the Property, shall be as described in Exhibit"C". <br />Developer shall have those benefits granted and obligations <br />created to permit development of the Property in accordance <br />with this Section. <br /> <br /> 8. Parcel Map Compliance. Developer shall comply with <br />all conditions of Parcel Map 79-879, including, but not <br />limited to, the dedication of land for public purposes as <br />required therein. <br /> <br /> 9. Covenant to Hold as One Parcel. Within one month of <br />the effective date of this Agreement, Developer shall duly <br />execute and record in the official records of Orange County a <br /> <br /> <br />