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7.7 AcknowledSement of City's Compliance with Applicable Law. <br /> a. Developer acknowledges and agrees that: <br /> i. The conveyances, dedications, easements and/or payment of money <br /> required by this Agreement to be performed by Developer, in whole or in part, do not <br /> constitute a: <br /> (A) Taking under the Texas or United States Constitution; <br /> (B) Violation of the Texas Water Code, as it exists or may be <br /> amended; <br /> (C) Nuisance; or <br /> (D) Claim for damages or reimbursement against City for a violation <br /> of any federal or state constitution, statute or case law or any federal,state or local <br /> ordinance, rule or regulation. <br /> ii. The amount of Developer's financial or infrastructure contribution or <br /> conveyance of real property or interests therein (after receiving all contractual offsets, <br /> credits and reimbursements, if any)agreed to in this Agreement is roughly proportional to <br /> the demand that such Developer's development places on City's infrastructure. <br /> iii. Developer hereby releases City from any obligation to perform or <br /> commission a takings impact assessment under Chapter 2007 of the Texas Government <br /> Code, as it exists or may be amended. <br /> iv. Developer hereby agrees that any property which it conveys to City <br /> pursuant to this Agreement is roughly proportional to the benefit received by Developer <br /> for such land, and Developer hereby waives any claim therefore that it may have. <br /> Developer further acknowledges and agrees that all prerequisites to such a determination <br /> of rough proportionality have been met,and that any value received by City relative to said <br /> conveyance are related both in nature and extend to the impact of the development of <br /> Developer's adjacent property on City's infrastructure. Developer and City further agree <br /> to waive and release all claims one may have against the other related to any and all rough <br /> proportionality and individual determination requirements mandated by the United States <br /> Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well <br /> as any other requirements of a nexus between development conditions and the projected <br /> impact of the public infrastructure. <br /> V. DEVELOPER SHALL DEFEND, INDEMNIFY AND HOLD <br /> HARMLESS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, <br /> REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, <br /> SUITS, AND CAUSES OF ACTIONS, LIABILITIES AND EXPENSES, <br /> INCLUDING REASONABLE ATTORNEY'S FEES, OF ANY NATURE <br /> WHATSOEVER, ASSERTED BY THIRD PARTIES, INCLUDING BUT NOT <br /> LIMITED TO, DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, <br /> EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, <br /> VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO THIS <br /> SECTION 7.7. <br /> b. Developer releases City,its council members,officers,agents,representatives and <br /> employees from any and all claims or causes of action based on excessive or illegal exactions. <br /> Economic Development Agreement <br />