Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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i F Notice of such failure. However, in the event the default is of a nature that cannot be reasonably cured within such thirty (30) day period, the defaulting Party shall have a longer period of time as may be reasonably necessary to cure the default in question. Section 10.03Default Unique to City. In addition,the City shall be in default under this Agreement if Owner or Developer submits a complete application for a proposed development permit, utility service extension, or other development approval with respect to the Property that complies with the terms of this Agreement, and, after reasonably adequate time for review and processing, City staff unreasonably withholds the approval or release of the proposed development permit,utility service extension, or development approval that City staff is authorized to approve administratively. The failure or refusal of City Council or any board or commission of the City to approve a proposed development permit, utility service extension, or other development approval with respect to the Property that complies with the terms of this Agreement within a reasonable time after submission of a complete application shall constitute a default. The City shall also be in default if it imposes any requirements, standards, moratoria, or interim development controls upon the Property that are in conflict with the express provisions of this Agreement. Section 10.04Remedies. If the defaulting Party does not substantially cure such default within the stated period of time, a non-defaulting Party may, in its sole discretion, and without prejudice to any other right under this Agreement, at law, or in equity, seek any relief available at law or in equity, including specific performance, mandamus, and/or injunctive relief; provided, however, that the City shall not be entitled to rescind or otherwise terminate this Agreement. The City hereby waives any sovereign immunity from suit for a default specific to this Agreement. Section 10.05No Liability for Actions of Others. Except as expressly set forth in this Agreement: (a) the liabilities, obligations, and responsibilities of Owners,Developer, and their respective successors and assigns under this Agreement are several and not joint; and (b) no Owner, Developer, or their respective successors and assigns, shall be in default under this Agreement or otherwise liable or responsible for any default which is not caused by such landowner or Developer or by any person acting by, through, or under such Owner, Developer or successor or assign. ARTICLE XI. MISCELLANEOUS PROVISIONS Section 11.01 Termination. This Agreement may be terminated as to all the Property only by express written agreement executed by all Parties. This Agreement may be terminated as to a portion of the Property only by express written agreement executed by the City and the Owner, or its successors and assigns, of the portion of the Property affected by the termination. Upon termination,the Parties shall execute and file of record 18 960915_5