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<br />Uniform Codes which reflect local modification to implement the published recommendations of <br />the multi-state organization and which are applicable City-wide) <br /> <br />2.9 "Utility Release" means the formal approval of the City Building <br />Department, following its inspection, that residential unit(s) may be released for initial <br />connection to the electrical power system, water service system, gas service system, and sanitary <br />sewer system. Utility Release(s) do not include temporary utility service provided to any <br />structure during construction. <br /> <br />3. EXHIBITS. The following documents referred to in the Agreement are attached <br />to this Agreement and are identified as follows: <br /> <br />Exhibit <br />Designation <br /> <br />Description <br /> <br />Referred to <br />in Section <br /> <br />A <br /> <br />Property Legal Description <br /> <br />1.3 <br /> <br />B <br /> <br />Property Graphical Description (Site Plan) <br /> <br />1.3 <br /> <br />C <br /> <br />Additional Offsite Mitigation Measures <br /> <br />5.1.1 <br /> <br />4. GENERAL PROVISIONS. <br /> <br />4.1 Duration of Agreement. The term of this Agreement shall for ten (10) <br /> <br />years. <br /> <br />4.2 Assignment. Owner shall have the right to transfer or assign the Property, <br />in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or <br />corporation at any time during the term of this Agreement; provided, however, the rights of <br />Owner under this Agreement may not be transferred or assigned unless the written consent of the <br />Council is first obtained and any transfer or assignment of the rights under this Agreement shall <br />include in writing the assumption of the duties, obligations, and liabilities arising from this <br />Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the <br />Owner hereunder be subject to assignment by attachment, execution, or proceedings under any <br />provision of the Bankruptcy Act, and any such assignment or transfer of the rights under this <br />Agreement shall be wholly void and of no force and effect unless such written consent thereto be <br />obtained from the Council. A transfer or assignment of the rights under this Agreement without <br />the consent of the City shall not relieve Owner of any accrued duty, obligation or liability to <br />City. No consent shall be required for sale of units to condominium unit buyers. <br /> <br />During the term of this Agreement, any approved assignee or transferee of the <br />rights under this Agreement shall observe and perform all of the duties and obligations of Owner <br />contained in this Agreement as such duties and obligations pertain to the portion of the Property <br />transferred or assigned. Any and all approved successors and assignees of Owner shall have all <br />of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If <br />the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, <br /> <br />-4- <br />