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If Seller defaults, the Purchasers may seek damages or an order requiring <br />the Seller to perform, but may not seek both as the previous draft <br />permitted. <br /> <br />o <br /> <br />Specific warranties regarding the amounts and places of past water use <br />have been eliminated. <br /> <br />o <br /> <br />Seller is no longer obligated to remedy environmental defects or remove <br />underground storage tanks, but Purchasers may remedy the defects or <br />terminate the contract is these conditions exist. Prior warranties regarding <br />environmental concerns are retained. <br /> <br />The City and County's first right to purchase the Conservation Easement <br />Parcel will last through 2024, rather than 2060, unless sooner exercised or <br />terminated. <br /> <br />o <br /> <br />Seller will have the option to obtain approval for and install water wells <br />and septic tanks to serve the dwelling units permitted on the Conservation <br />Easement parcel. <br /> <br />If 96th Street right-of-way is dedicated from Parcel 1 after 2001, the <br />County will receive an interest charge. <br /> <br />10. <br /> <br />Fencing obligations are stated in greater detail, and the City will lease the <br />4.5-acre right-of-way parcel back to the Seller until it is opened for <br />another use. <br /> <br />The primary changes to the Conservation Easement are: <br /> <br />Permitted uses are expanded from agricultural and limited to residential <br />uses (three dwellings) to also include horticultural, forest, and wildlife <br />habitat uses. Home occupations, including day or overnight care of up to <br />six children, within the three permitted' dwellings are also permitted. <br /> <br />° <br /> <br />The additional two dwellings may be located either above or below <br />Murphy's Hill, with a two-story alternative allowed for homes below the <br />Hill. <br /> <br />The City and County will not be considered owners, but co-applicants, for <br />purposes of land use, building or similar applications, however, will retain <br />direct enforcement powers. <br /> <br />Davidson called for Council comments and questions. <br /> <br />Mayer stated that he felt change number two to the purchase contract was somewhat <br />unusual and asked Light for an explanation for this change. <br /> <br /> <br />