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In the event that the use for which the lessee proposes to acquire the property is prohibited by any zoning ordinance, such lease may be executed upon condition that the lessee shall, within 120 days thereafter, take the necessary steps to acquire proper variances, use exceptions or rezoning. In the event that such variance, use exception or rezoning is not acquired by the lessee by the end of such period, the lease shall terminate. During such period lessee shall do no act in violation of such ordinance. Where necessary the lessor body may be a co-petitioner for such variance, use exception or rezoning, however, all costs, fees or expenses therefor shall be borne by the lessee.
(BC Ord. 1994-13, passed 6-27-94)