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and each of them, from any liability whatsoever incurred on the property due to the <br /> District's use.of the property that was not caused by any action of the Landowners. <br /> During the term of the Lease, the Landowners shall not take steps to change the zoning of <br /> the Subject Property without the written consent of the District. Such consent will not be <br /> unreasonably withheld as long as any proposed change would not have the effect of <br /> frustrating the terms of this Agreement or of the underlying Lease. <br /> 5. In exchange for the Landowners' Agreement to allow the District to lease <br /> and use the Subject Property as stated herein, the District agrees to provide entitlement to <br /> connections and the right to sanitary service for 30 residences on the remainder parcel. <br /> This is limited to the entitlement and service. The Landowners or their successors or <br /> assignees shall pay all costs associated with obtaining and using service, infrastructure, <br /> and any plant, infrastructure, or facility modifications or improvements required by the <br /> addition of Landowners' usage. It is understood by the Parties hereto that the <br /> Landowners will pay any and all costs and construct any infrastructure which would <br /> ordinarily be borne by owners developing land within the District, including any regular <br /> or special assessments imposed upon property within the boundaries of the District. The <br /> District warrants that its existing plant has sufficient capacity to accommodate the <br /> aforesaid thirty connections. <br /> 6. Landowners agree to use best efforts to obtain approval within two years <br /> from all government or regulatory agencies to allow development of Landowners' <br /> remaining property for use of the 30 connections agreed to herein. The District agrees to <br /> reasonably cooperate with Landowners' application to any government agency, and will <br /> not oppose or interfere with any lawful application brought by Landowners for single <br /> family residential use. <br /> 7. If as of a date two years after the execution of this Agreement, <br /> Landowners have not acquired the requisite permits or approvals from agencies other <br /> than the District for use of the connections granted herein, Landowners may serve on <br /> District and file with the court a request in writing that the matter be reset on the court's <br /> calendar. If the Landowners do not file and serve such request in writing on or before 60 <br /> days have expired after the two year period, the condition that Landowner obtain <br /> approvals and permits is deemed waived and the remaining terms of this Agreement shall <br /> be fully enforceable. It is expressly understood and agreed by the Parties that a failure to <br /> serve and file such notice terminates the condition of obtaining approvals described in <br /> section 6 and this section, and this Agreement shall become final. Notwithstanding the <br /> above,in the event landowners, their successors or assigns,have made a complete <br /> application for entitlement(s) and the entitlement process is stayed by litigation, court <br /> order,or administrative action, or any approval, once granted, is challenged by litigation, <br /> ballot initiative or referendum or similar third party action(all herein referred to as <br /> "occurrence")then the two-year period referenced herein shall be automatically extended <br /> for an equal amount of time as the delay occasioned by the occurrence, for up to two <br /> years,not to exceed a total four year.maximum period of time from the time of execution <br /> of this Agreement. Landowners shall promptly file and serve written notice of any such <br /> occurrence when such occurrence is initiated. <br /> 3 <br /> 368557-6 <br />