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Ordinance 1639-89
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Ordinance 1639-89
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Ordinances
Ordinance Number
1639-89
Date
10/18/1989
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D. The City is hereby authorized to apply to any court of <br /> competent jurisdiction for and such court, upon hearing and for <br /> cause shown, may grant a preliminary, temporary or permanent <br /> injunction restraining any person, firm, and/or corporation <br /> from violation any of the provisions of this Agreement, and <br /> compelling compliance with the provisions thereof. <br /> E. The penalty and enforcement provision provided herein shall not <br /> be exclusive and the City may pursue any action, remedy, or <br /> relief it deems appropriate. <br /> V. Change of Ownership <br /> In the event there is a change in ownership in the property subject <br /> to this Agreement, it is the responsibility of the new owner(s) to <br /> notify the City's Planning Department in writing within ten (10) days <br /> of the effective date of the change. <br /> VI. Legislative Power - Legal Requirement <br /> Nothing herein shall be construed as being agreed to in consideration <br /> for said rezone, nor does the City relinquish its legislative power <br /> with respect to said rezone in consideration for this Agreement. <br /> Further, the Owner, his successors, tenants and assigns shall comply <br /> with all City, State, and Federal laws and regulations applicable to <br /> the development and maintenance of the subject property, and nothing <br /> herein shall be construed as superseding said laws and regulations. <br /> VII. Concomitant <br /> This Agreement is concomitant with Exhibit "A," the ordinance zoning <br /> the herein described property to R-2 Planned Residential Development <br /> (R-2, PRD). <br /> VIII. Non-Waiver <br /> The waiver by the Owner or the City of the breach of any provision of <br /> this Agreement by the other party will not operate or be construed as <br /> a waiver of any subsequent breach by either party or prevent either <br /> party from thereafter enforcing any such provision. <br /> - 5 - <br />
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