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<br />Page -5- <br />division agreement is with right now, does not have to follow thru on <br />the negotiations that we were involved in and that concerns me. <br />Curt: I can try to respond to that. The subdivision agreement which <br />will bind BSCS and any future property owners does set forth _ landscaping <br />must be approved by the City. It meets our standard language which we <br />have in all of our subdivision agreements. The landscaping plan must be <br />approved prior to the ability of the project to go forward. That would <br />bind BSCS in the event that the property was not sold to Neodata. It <br />would also bind Neodata upon sale of the property - the subdivision agree- <br />ment does. The separate agreement here is something which is basically <br />in addition to what has been required of any developer within the City <br />in the past and that is they are agreeing to specify a detailed land- <br />scape~~lan on their property and provide security for construction of <br />those landscape improvements prior to, basically their ownership of <br />the property. <br />Morris: Would it be appropriate or it appropriate to attach this <br />agreement to the subdivision plat when the actual sale occurs? <br />Meier: It is attached to the subdivision agreement already as Attachment A <br />Morris: (Emphatic) NO, IT IS NOT~ We have 2 Exhibit A. <br />Curt: I think what we would want to do - is this agreement we would <br />certainly want to have recorded along with the other documents. <br />Morris: Can we have it as a condition is what I'm asking? I think there <br />is some confusion _____ <br />Curt: I don't have any problem with doing that. However, that still <br />would not - this agreement would not specifically bind BSCS as such. They <br />would not have signed this particular landscaping agreement. However we <br />could certainly attach it to the subdivision agreement and record it with <br />