Ord 2009-069 - Laserfiche WebLink

Home Browse Search

2. Cooperation. The City shall work with Developer to expeditiously review Developer's development plans and process permit applications. City shall provide to Developer any is necessary documentation of permit approvals in a timely manner, including, but not limited to a Permit Ready Letter, in a form substantially similar to the example provided in the attached Exhibit "D". 3. Applicable Development Ordinances. In accordance with Section 212.172(g) of the Texas Local Government Code, this Agreement constitutes a permit under Chapter 245 of the Texas Local Government Code. Pursuant to Section 212.172(b)(8), the City agrees that the Owner and the City have agreed to annexation and that the uses and development of the Property may continue as described in this Agreement subsequent to annexation regardless of zoning regulations. 4. Annexation. City shall not annex Property prior to the conveyance of the Property from Owner to Developer. The City may annex the Property at any time subsequent to the conveyance of the Property from Owner to Developer in accordance with Section II(4) of this Agreement, provided however, that City shall initiate annexation proceedings in accordance with Chapter 43 of the Texas Local Government Code no later than sixty (60) calendar days from the receipt of the notice of conveyance of the Property from Owner to Developer described in Section II(5) of this Agreement. City shall provide written notice to Developer at least ten (10) business days prior to any public hearing to initiate annexation proceedings. 5. Base Zoning. Prior to annexation and zoning of the Property, City shall approve all permits for the project and apply all City ordinances to the development of the Property as such • ordinances would apply to the City's "MF-18" zoning district. As soon as practicable subsequent to annexation of the Property, City shall initiate proceedings to rezone the Property to "MF-18" or an equivalent zoning district compatible with the Land Use Plan. IV. MISCELLANEOUS 1. Mutual Assistance. City, Owner, and Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions. 2. Representations and Warranties. The City represents and warrants to Owner and Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Owner represents and warrants to Developer and City that it has the requisite authority to enter into this Agreement. Developer represents and warrants to Owner and City that it has the requisite authority to enter into this Agreement. 3. Default. If either the City, Owner, or Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a minimum period of thirty (30) days to cure such default, prior to instituting an action for breach or pursuing any other remedy for default. •