Reso 2011-1795 - Laserfiche WebLink

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obligate the City to expend any funds in support of any such applications, except for the waiver of building permit fees and the donation of Transfer of Development Rights ("TDRs"). 21. Police Powers. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR RESTRICT THE POWERS AND RESPONSIBILITIES OF THE CITY IN ACTING ON APPLICATIONS FOR COMPREHENSIVE PLAN CHANGES, OR APPLICATIONS FOR ANY OTHER DEVELOPMENT APPROVALS BY VIRTUE OF THE FACT THAT THE CITY MAY HAVE BEEN REQUIRED TO CONSENT TO SUCH APPLICATIONS AS A PROPERTY OWNER OR OTHERWISE. THE PARTIES FURTHER RECOGNIZE AND AGREE THAT THESE PROCEEDINGS SHALL BE CONDUCTED OPENLY, FULLY, FREELY AND FAIRLY IN FULL ACCORDANCE WITH LAW AND WITH BOTH PROCEDURAL AND SUBSTANTIVE DUE PROCESS TO BE ACCORDED THE BUYERS AND ANY MEMBER OF THE PUBLIC. NOTHING CONTAINED IN THIS AGREEMENT SHALL ENTITLE THE BUYERS TO COMPEL THE CITY TO TAKE ANY SUCH ACTIONS, SAVE AND EXCEPT THE CONSENTS TO THE FILING OF SUCH APPLICATIONS FOR LAND USE APPROVALS, REZONINGS, COMPREHENSIVE PLAN AMENDMENTS OR OTHER REQUIRED APPROVALS, AS MORE FULLY SET FORTH HEREIN, AND TO TIMELY PROCESS SUCH APPLICATIONS. 22. Attornevs' Fees and Costs. In the event either party hereto shall default in the performance of any of the terms and conditions of this Agreement, the prevailing party shall be entitled to recover all costs, charges and expenses of enforcement, including reasonable attorneys' fees incurred in a trial or appellate proceeding. 23. Parties in Interest. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of and shall be enforceable by the respective successors and assigns of the Buyers and Seller. 13 of 17 ~ (') " ", t) J i'J