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4. This Memorandum has been executed and delivered by the Parties for the purpose of <br />recording and giving notice that a contractual relationship for the development of the <br />Subject Property has been created between the Parties in accordance with the terms, <br />covenants and conditions of the Agreement, which are on file with the CITY. <br />5. The terms and conditions of the Agreement are incorporated by reference into this <br />Memorandum as if fully set forth herein. <br />6. This Memorandum may be executed separately in counterparts which, when taken <br />together, shall constitute one and the same instrument. <br />[The remainder of this page is intentionally left blank.] <br />14 <br />