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otherwise permitted by applicable law. <br />(iv) The use of the tower or towers by more than one AM Radio Station, <br />including lessee or lessees of the property owner. <br />(v~ The leasing by the property owner of space on the towers} and in the <br />property owner's transmitter buildings} to other "aver the air" transmission <br />users such as, but not limited to, cellular phone service providers and two way <br />radio companies. <br />(vi} The cessation of all AM station broadcasting from the site. <br />2.4 Loca~,,,,,,im~rovements. The street im rovements sidewalk construction and . <br />.,.~_ ~. P <br />storm sewer improvements made to Goodpasture Island Road as a result of the Local <br />Improvement District formed on or about July 27, 1992. <br />3. Ci 's Qbii ations..The City agrees that: <br />3.1 In recognition of the value of the Delta Panels as a community asset, of the <br />effect that the existence these ponds have on development potential of .the Property and the <br />character of the wetlands as a natural resource, the City shall pay Special Condition Costs. <br />3.2 In the event that one or more of the conditions set forth in section 4.1 occurs, <br />~so that the Property Owner becomes obligated to make a payment to the Ci , the Ci shall <br />~ ~ <br />calculate the amount to be paid as either the Special Condition Casts paid by the City or <br />an amount determined using the method far calculating equivalent assessments for street <br />improvements (based, if necessary, on a presum flan that additional sidewalk cuts would <br />P <br />occur, even if not actually made at the time of the development, for the planned <br />development, sidewalk improvements, storm sewer improvements or the equivalent of such <br />improvements then set forth in the Eugene Code. Such amount begin in excess of other <br />fees, charges and assessments attributable to the proposed development. <br />4. pro a owner's abli ations. In return far the City's assumption of Special <br />Condition Costs that would have otherwise become an obligation of the Property, the <br />Property owner ,agrees to: <br />. 4.1 Pay the City an amount to be determined by the City as provided in paragraph <br />3.2 representing a recovery of the Special Condition Costs paid by the ~ City upon the <br />occurrence of one or more .of the following conditions. <br />4.1.1 approval by .the City of any development permit for the Property; <br />4.1.2 development of the Property; <br />Special Condition Agreement - 3 EX H I B~ T 2 <br />PAGE 3 of 6 <br />