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to enhance property values through their ~rovisions for orderly <br />growth and maintenance of high quality development and <br />environment. It is the mutual understanding of Owner and the <br />City that an assessment district or districts may be placed <br />on the project site to finance the construction Of one or more <br />of the improvements contemplated in this agreement, required <br />by the PUD conditions, or desired by Owner.~ It is further <br />understood that if any development on the project site utilizes <br />such improvements, it shall be deemed a benefit to the entire <br />project site, whether or not the entire project site is sub- <br />divided in the future and assessment districts are segregated <br />to individual parcels. Owner acknowledges that from time to <br />time portions of the project site, whether subdivided and sold <br />lots or lands retained by Owner, may be unable to develop for <br />periods of time due to conditions of the PUD not being met. <br />Owner agrees it shall have no claim against the City as a result <br />of City's enforcing said PUD conditions, whether they be for <br />damages, for mandating approval of projects in contravention <br />of said PUD conditions, or for any other relief. Owner further <br />agrees that, in the event an assessment district or districts <br />are placed on the project site, Owner shall have no claim <br />against the City seeking relief from assessment district <br />obligations or refunds for payments made pursuant to assessment <br />district obligations in the event development is delayed or <br />stopped by City due to conditions of the PUD not being met or <br />by events beyond the control of the City. <br /> <br />-5- <br /> <br /> <br />