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the Department of Health and Rehabilitative Services pursuant to <br /> 111 a detention order from a Court of competent jurisdiction during <br /> the pendency of a juvenile delinquent proceeding; or on probation <br /> from a Court of competent jurisdiction for the commission of <br /> criminal acts with a specific condition of said probation to <br /> attend the "Academy" , and <br /> WHEREAS, B & B has indicated its willingness to execute a <br /> Restrictive Covenant prohibiting the housing of committed or <br /> detained juveniles as referenced above, and <br /> WHEREAS, the above-referenced rezoning of the premises is <br /> pending before City Council . <br /> NOW, in return for the mutual covenants and promises <br /> contained herein, and other good and valuable consideration, the <br /> receipt of which is acknowledged by all parties ' signature <br /> hereto, the parties recite as follows : <br /> 1. This Agreement shall become effective upon execution, <br /> but shall not restrict the premises above-described, unless and <br /> until NEUKOM' s request for rezoning presently pending before City <br /> Council is approved and any building permits are applied for by <br /> any entity to construct the above-referenced "Academy" . <br /> 2 . That before the CITY shall be obligated to issue a <br /> building permit to permit construction of the above-referenced <br /> "Academy" , B & B, its heirs, successors or assigns, shall in <br /> addition to fulfilling any other government conditions, execute a <br /> Restrictive Covenant in the form as attached hereto and marked as <br /> Schedule 1. The Restrictive Covenant shall be enforceable by the <br /> CITY or by any abutting landowner. Any mortgage encumbering the <br /> premises or any bond issuance for which the property stands as <br /> security, shall be subordinate to the Restrictive Covenant and <br /> covenantor shall make provisions for same prior to issuance of <br /> any building permit. <br /> 3 . Each of the parties hereto acknowledge that the <br /> Restrictive Covenant is intended to inure to the benefit of the <br /> parties hereto or landowners whose property abuts or adjoins the <br /> premises herein described. Property shall be deemed to abut the <br /> premises if the properties are separated by a public right of way <br /> -2- O.R. 3077 PAGE . 626 <br />