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2. Church Obliqations. The Catholic Church shall <br />convey within sixty (60) days after execution of this <br />Agreement land described in Exhibit "B", attached hereto and <br />incorporated herein by this reference. The land shall be in <br />fee simple, subject to exceptions acceptable to City. The <br />land is generally described as consisting of two parcels. <br />One parcel consists of approximately 1.3 acres for road <br />right-of-way along the proposed six-lane Stoneridge Drive. <br />The other parcel shall consist of an approximately 1.2 acre <br />parcel for the proposed Nielsen Park. <br /> <br /> If at a later date right-of-way needs to be <br />adjusted, the Catholic Church shall dedicate all land needed <br />for Stoneridge Drive right-of-way including but not limited <br />to a right turn deceleration lane from eastbound Stoneridge <br />Drive when deemed appropriate by the City Engineer. <br /> <br /> 3. Land Uses. The expected use of the remaining 11.0 <br />acre parcel is church related uses, including but not limited <br />to residences for church employees, assembly halls and <br />school. Such uses as church sponsored housing or the sale of <br />a portion of the remaining parcel to another entity are not <br />exempt from the possible cost of public improvements for <br />Stoneridge Drive, park fees, and related public improvement <br />costs as a condition of development approval. <br /> <br /> 4. Fence and Park Fees. A fence shall be erected <br />between Nielsen Park and the church property at no cost to <br />the Catholic Church. The Catholic Church will not be <br />obligated for park or recreation fees provided the property <br />is held for church school or other church related non-housing <br />activity. <br /> <br /> 5. Waiver. In the event that either City or the <br />Catholic Church shall at any time or times waive any breach <br />of this Agreement by the other, such waiver shall not <br />constitute a waiver of any other or succeeding breach of this <br />Agreement whether of the same or any other covenant, <br />condition or obligation. <br /> <br /> 6. Arbitration and Attorney's Fees. Any dispute not <br />resolved by both parties after good faith negotiations shall <br />be resolved by arbitration. One neutral arbitrator who has <br />been picked by the American Arbitration Association will hear <br />and render a final decision. <br /> <br /> 7. Scope of Agreement. This writing constitutes the <br />entire agreement between the parties and any modification <br />hereof shall not be effective unless and until such <br />modification is evidenced by a writing signed by both parties <br />to this Agreement. <br /> <br /> Page 2 <br /> <br /> <br />