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201803290406.008 " <br /> . <br /> "Use Restriction Covenant" means the covenant document executed by the City <br /> and Developer recorded at Closing and entitled"Use Restriction Covenant" <br /> Section 2 Intent and Relations <br /> 2 1 Generally This Covenant is intended by the parties to establish the <br /> design, development, and performance critena for the Project The parties agree that <br /> Developer has sole responsibility for construction, obtaining all necessary permits and <br /> approvals and complying with all Legal Requirements as they relate to ownership, <br /> construction, and operation of the Project. Developer shall at its own cost furnish all <br /> plans, engineering, supervision, labor, material, supplies, and equipment necessary for <br /> completion of the Project <br /> 21 1 Standards All construction of the Project and all other <br /> Improvements shall comply with, and be performed m accordance with, the Approved <br /> Plans and Specs, this Covenant, the City-Developer Agreements. and all Legal <br /> Requirements, free and clear of all liens (other than liens made in connection with the <br /> Financing Obligations and those other liens and encumbrances contemplated by this <br /> Covenant) <br /> 2 1 2 Cooperation Subject to Section 6 5 of this Covenant, the City <br /> agrees to cooperate with Developer in the prosecution and completion of the Project, so <br /> long as the Project is prosecuted and completed in accordance with the Approved Plans <br /> and Specs and this Covenant and so long as there are no uncured Events of Default by <br /> Developer Without limiting the generality of the foregoing,the City agrees that, so long <br /> as the Project is prosecuted and completed in accordance with the Approved Plans and <br /> Specs and this Covenant and so long as there are no uncured Events of Default by <br /> Developer,it will not take actions inconsistent with the goals of this Covenant The City's <br /> duty to cooperate under this Section 2 1 2 shall not require it,however,to incur liability, <br /> costs or expenses, except as otherwise required in the City-Developer Agreements <br /> Section 3 Restrictions on Use and Transfer Prior to Certificate of <br /> Completion <br /> 3.1 Use Restriction Until the recording of the Certificate of Completion,the <br /> Property is restricted to uses directly in connection with the design, development, and <br /> construction of the Project in accordance with the Approved Plans and Specs, this <br /> Covenant, the City-Developer Agreements, and all Legal Requirements By way of <br /> example and not of limitation,the following uses are not directly in connection with such <br /> design, development, or construction of the Project and are therefore prohibited on the <br /> Property until substantial completion of the Project (1)any construction of any <br />