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XIII. Entire Agreement. This Development Agreement, including the Recitals and <br />Exhibits, constitutes the entire understanding and agreement of the parties with <br />regard to the subject matter contained herein. <br />XIV. Warranty of Capacity to Execute. Each party warrants that the undersigned has <br />the capacity and authority to sign this Development Agreement on its behalf. <br />XV. Effective Date. This Development Agreement was adopted by the City Council <br />of the City on June 4, 2002 pursuant to Ordinance No. 1857 which became <br />effective thirty (30) days thereafter. The effective date of this Development <br />Agreement shall be the date when it has been duly authorized and executed by <br />both parties. <br />XVI. Buyer Acknowledgement. Concurrently with the execution of this Development <br />Agreement, Property Owner shall obtain from Greenbriar Homes an <br />acknowledgement of this Development Agreement in the form attached as <br />Exhibit D. <br />IN WITNESS WHEREOF, this Development Agreement is entered into as of the day and <br />year indicated. <br />Date: /l /o 2— <br />ROBERT AND SHAREN HEINZ <br />TRUE <br />Robert Heinz, Trustee <br />Heinz Development Agreement Page 11 of 14 <br />