Res 2010-148 - Laserfiche WebLink

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Constitution and the laws of the State of Texas. The Parties intend that this Agreement authorize the annexation of the ETJ Parcel as provided in Section 1.01 of this Agreement; authorize certain land uses and development on the Property; provide for the uniform review and approval of plats and development plans for the Property; provide exceptions to certain ordinances; and provide other terms and consideration, including the continuation of land uses and zoning upon annexation of any portion of the Property to the City. 5.03 Vesting of Rights. The City acknowledges that Carma has initiated the subdivision and development process for the Project. The City agrees that, in accordance with Chapter 245 of the Local Government Code, the City will consider any further approvals necessary for the Project based solely on the Governing Regulations and this Agreement. 5.04 Carma's Right to Continue Development. In consideration of Carma's agreements hereunder, the City agrees that, during the term of this Agreement, it will not impose or attempt to impose: (a) any moratorium on building or development within the Project, or (b) any land use or development regulation that limits the rate or timing of land use approvals for the Project including but not limited to preliminary plans, final plats, site plans, building permits, certificates of occupancy, or other necessary approvals for the Project. No City- imposed moratorium, growth restriction, or other limitation affecting the rate, timing, or sequencing of development or construction of all or any part of the Project will apply to the Property if such moratorium, restriction, or other limitation conflicts with this Agreement or would have the effect of increasing Carma's obligations or decreasing Carma's rights and benefits under this Agreement. This Agreement on the part of the City will not apply to temporary moratoriums uniformly imposed throughout the City due to an emergency constituting an imminent threat to the public health or safety, provided that the temporary moratorium continues only during the duration of the emergency. Nothing herein shall require the City to violate State or Federal law. 5.05 Equivalent Substitute Obligation. If any Party is unable to meet an obligation under this Agreement due to a court order invalidating all or a portion of this Agreement, preemptive state or federal law, an imminent and bona fide threat to public safety that prevents performance or requires different performance, changed circumstances or subsequent conditions that would legally excuse performance under this Agreement, or any other reason beyond the Party's reasonable and practical control, the Parties will cooperate to revise this Agreement to provide for an equivalent substitute right or obligation as similar in terms to the illegal, invalid, or unenforceable provision as is possible and is legal, valid and enforceable, or other additional or modified rights or obligations that will most nearly preserve each Party's overall contractual benefit under this Agreement. 5.06 Cooperation. The Parties agree to execute and deliver all such other and further documents or instruments and undertake such other and further actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.07 Liti ag tion. In the event of any third -party lawsuit or other claim relating to the validity of this Agreement or any action taken by the parties hereunder, Carma and the City agree to cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim without diminution of their respective rights and obligations under this