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.. ,, .' <br /> � .. <br /> .� . <br /> � 99 10'7'735 <br /> 4 <br /> 6 . Hall County and DWR Filina. City agrees to file <br /> this Agreement with the Register of Deeds of Hall County. City <br /> also agrees to file the Agreement with DWR. City agrees to request <br /> the inclusion of the terms of paragraph 3, 4 and 5 of this <br /> Agreement in any order approving any of City's applications. City <br /> will be responsible for filing and pay all filing fees. <br /> 7 . Withdrawal of Obiection. In consideration of the <br /> mutual covenants and promises contained herein and upon the filing <br /> of this Agreement with the Hall County Register of Deeds, Luehr <br /> shall withdraw their Objection to City's Applications by filing a <br /> withdrawal of objections with DWR and Luehr shall withdraw from <br /> further proceedings concerning the Applications before DWR. <br /> 8 . Permit Condition. City agrees to request DWR impose <br /> a condition, incorporating the terms of paragraphs 3, 4, 5 and 9 of <br /> this Agreement, on any permit granted City by virtue of its <br /> Applications . The denial of such request by DWR shall not affect <br /> the obligations of the party hereunder and the agreement shall <br /> remain binding on all parties . <br /> 9 . Enforcement. In the event Luehr claims that City <br /> has failed or refused to perform the restrictions described in <br /> paragraphs 3 and 4 hereof after Luehr's submission of the <br /> verifiable proof required in said paragraphs, Luehr shall not seek <br /> any restraining order, injunctions or closure orders except in DWR. <br /> City submits to the jurisdiction of DWR for determination of these <br /> matters . City does not waive the right to appeal from any order by <br /> DWR. Al1 rights to seek monetary damages in the event of default <br /> by City are reserved by Luehr. <br /> 10 . Merger Clauses. This document contains the entire <br /> agreement between Luehr and City with respect to the subject matter <br /> of the Agreement. This Agreement was entered into and shall be <br /> governed by the laws of the State of Nebraska. <br /> 11 . Execution. This document will be executed with four <br /> originals for filing purposes. <br /> �-��-99 <br /> Date oyd A. Lue r <br /> 1�f6 � �'9 a . �,� <br /> Date udith A. Luehr <br /> THE CITY OF WOOD RIVER, <br /> Wood Ri er, Nebraska <br /> � . B �e� ��� <br /> Date Herb B"ons ck, Jr. C uncil <br /> President <br />