Ord 1985-118 - Laserfiche WebLink

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L. Any failure on the part of Storm Development or its successors to obtain the required permits, approval s, inspections, or pay the required fees to the City shall subject Storm or its successors to stop-orders requiring the cessation of any further construction or related operations until such payments, permits, reviews, approvals, and inspections are acquired or completed. M. In the event that the District is not created, the intention and offer to restrict, dedicate and contribute expressed in this Article shall not be effective, but shall be of no force or effect. ARTICLE X ASSIGNMENT OF AGREEMENT Storm Development, its successors and assigns may, from time to time, transfer, conveyor assign all or any part of its rights and obligations under this agreement with respect to all or any part of the land within the District owned by it. Upon approval by the City Council of the City of the assignee or assignees, which approval shall not be unreasonably withheld; and provided that the assignee or assignees assume the liabili ties, responsibilities and obligations of the assignor under this Agreement, Storm Development shall be released from the liabilities, obligations and responsibilities hereof to the extent of the land involved in such assignment or assignments or to the extent otherwise approved by the City. Neither the District nor the City shall assign this Agreement without written consent of each of the other parties hereto. Storm Development is specifically authorized to assign this Agreement to the District upon its creation with respect to the rights, duties, privileges and obligations of the District hereunder; provided, however, that such assignment shall not relieve or affect Storm Development with respect to its rights, duties, privileges and obligations hereunder. ARTICLE XI TERM OF AGREEMENT This Agreement shall be effective from the date of execution hereof by the City and Storm Development and shall continue in effect for a period of forty (40) years from the date of the execution hereof by the District; provided, however, if the District is Tlot created by the Texas Water Commission within eighteen (18) months after execution of this Agreement by the City, this Agreement shall ter~inate and the same shall be of no further force and effect, and the City may rescind its consent to the creation of the District, unless all parties agree to extension of the Agreement. Storm Development shall use its best efforts to have the Board of Directors of the District conduct an election for the confirmation of the creation of the District and approve and execute this Agreement within eighteen (18) months after the execution of this Agreement by the Ci ty. ARTICLE XI I JOINT CONTRACTING Except as otherwise provided by this Agreement, the District shall be and is hereby authorized to contract with any entity, individual, governmental authority or political subdivision for the operation and maintenance of any water, wastewater or other facilities which are within the power of the District to construct, operate or maintain. A:SMMUD1 4-16 (1/22/86)