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the goals of this Covenant. The City's duty to cooperate under this Section 2.1.2 shall not <br /> require it, however, to incur liability, costs or expenses, except as otherwise required to satisfy <br /> the City's obligations under Section 4 and Section 5.3. <br /> Section 3. Use and Transfer Restrictions. <br /> 3.1 Restrictions on Use Until the Recording of Certificate of Completion. Until the <br /> recording of the Certificate of Completion, the Property is restricted to uses directly in <br /> connection with the design, development, and construction of the Project in accordance with the <br /> Approved Plans and Specs, this Covenant, the City-Developer Agreements, all Legal <br /> Requirements, and all requirements of the Marriott Franchise Agreement. By way of example <br /> and not of limitation, the following uses are not directly in connection with such design, <br /> development, or construction of the Project and are therefore prohibited on the Property until <br /> substantial completion of the Project: (1)any construction of any permanent building or <br /> structure that is not in accordance with the Approved Plans and Specs, this Covenant, the City- <br /> Developer Agreements, all Legal Requirements, and all requirements of the Marriott Franchise <br /> Agreement; (2) any rental or leasing of parking spaces that would materially interfere with <br /> Developer's or City's performance of their respective obligations under the City-Developer <br /> Agreements; and (3) any storage of vehicles, equipment or materials not necessary for the <br /> construction of the Project. <br /> 3.2 Restrictions on Use After the Recording of the Certificate of Completion. <br /> Beginning on the date of recording of the Certificate of Completion and continuing until the <br /> Covenant Termination Date, the Property is restricted to (a) Project uses and (b) City use in <br /> accordance with the City Parking Easement. In the event of transfer of the Property by <br /> foreclosure or trustee sale,this Section 3.2 is terminated and no longer binds the Property. <br /> 3.3 Restrictions on Transfer Until the Recording of the Certificate of Stabilization. <br /> Except for the conveyance of the lien for the Project Loan and except for any permanent <br /> financing lien associated with the refinancing of the Project Loan and except for any other <br /> easements, liens, and other encumbrances reasonably necessary or desirable for the development <br /> of the Project that are in accordance with the Approved Plans and Specs and the City-Developer <br /> Agreements, Developer shall not transfer any interest in the Property until the recording of the <br /> Certificate of Stabilization. Any transfer in violation of this Section 3.3 is null and void. <br /> Section 4. Initial City Work. <br /> The City shall perform the following work at its sole cost and expense (collectively, <br /> "Initial City Work"): <br /> 4.1 Power Vault. The City and Developer shall coordinate so that the PUD <br /> completes, as soon as reasonably possible after Closing, the work necessary to reroute power <br /> lines from the old underground power vault located at the northeast corner of the Property to the <br /> new vault built by the City in accordance with Section 12 of the Purchase Agreement. The City <br /> shall pay all amounts charged by the PUD for the reroute work. Developer acknowledges that(i) <br /> the City may elect to have the PUD complete the reroute work prior to Closing; (ii) the power <br /> vault and reroute work paid for by the City only includes construction of the new power vault <br /> -5- <br /> 51083924.I <br />