Res 2006-160 - Laserfiche WebLink

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City", following delivery of written notice of annexation by the City. The annexation of all or a portion of the Property designated on Exhibit "B" as "Land Subject to Annexation Upon Request by City" shall not affect or impair the land uses permitted by this Agreement on the remainder of the Property, 9.2 Annexation of Remainder of Property. Except as provided in Paragraph 9,1, the City agrees it will not annex any part of the Property until the earlier of the following, whereupon Harris will be deemed to have consented to the annexation of the Property by the City: (a) the expiration of the term of this Agreement, or (b) the filing of an application by Harris to develop the Property for a use other than the Authorized Land Uses. 9.3 Use of Annexed Portions of Property Following Annexation. Concurrently with the annexation of any portion of the Property, whether pursuant to Paragraph 9.1 or 9.2, the City will zone the annexed portion of the Property as "Future Development" (FD) or another zoning district then in effect that is consistent with the Authorized Land Uses, provided that the operation of the Project and the Authorized Land Uses shall continue to be permitted as lawful uses following annexation, for so long as the Project is operated in accordance with this Agreement. 10. Miscellaneous. 10.1 Third Party Rights. No person or entity who or which is not a party to this Agreement may enforce this Agreement or shall have any right of action under this Agreement. There are no third party beneficiaries of this Agreement. 10.2 No Waiver. No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type, The failure at any time to enforce this Agreement or covenant by the City, Harris, or their respect theirs, successors or assigns, whether any violations thereof are known or not, shall not constitute a waiver or estoppel of the right to do so. 10.3 Attorney's Fees, Should any party be required to resort to litigation to enforce the terms of this Agreement, the prevailing party, plaintiff or defendant, shall be entitled to recover its costs, including reasonable attorney's fees, court costs, and expert witness fees, from the other party. 10, 4 Assignability, Harris shall have the right, power or authority to assign this Agreement or any portion of this Agreement or to delegate any duties or obligations arising under this Agreement, voluntarily, involuntarily, by operation of law or otherwise, without the City's prior consent, to a subsequent purchaser of the Property. Other than as provided in this Section, Harris shall not have the right to assign its interest in this Agreement without the prior written consent of the City shall be of no force or effect. 4 Execution Version: 082306