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<br />;) <br /> <br />~l <br /> <br />obligate the City to expend any funds in support of any such applications, except for the waiver of <br /> <br />building permit fees and the donation of Transfer of Development Rights ("TDRs"). <br /> <br />21. Police Powers. NOTIlING IN TIIIS AGREEMENT IS INTENDED TO LIMIT OR RESTRICT <br /> <br />THE POWERS AND RESPONSIBILITIES OF THE CITY IN ACTING ON APPLICATIONS FOR <br /> <br />COMPREHENSNE PLAN CHANGES, OR APPLICATIONS FOR ANY OTHER DEVELOPMENT <br /> <br />APPROVALS BY VIRTUE OF THE FACT THAT THE CITY MAY HAVE BEEN REQUIRED TO <br /> <br />CONSENT TO SUCH APPLICA nONS AS A PROPERTY OWNER OR OTHERWISE. THE PARTIES <br /> <br />FURTHER RECOGNIZE AND AGREE THAT THESE PROCEEDINGS SHALL BE CONDUCTED <br /> <br />OPENLY, FULLY, FREELY AND FAIRLY IN FULL ACCORDANCE WITH LAW AND WITH BOTH <br /> <br />PROCEDURAL AND SUBSTANTIVE DUE PROCESS TO BE ACCORDED THE BUYERS AND ANY <br /> <br />MEMBER OF THE PUBLIC. NOTHING CONTAINED IN TIllS AGREEMENT SHALL ENTITLE THE <br /> <br />BUYERS TO COMPEL THE CITY TO TAKE ANY SUCH ACTIONS, SAVE AND EXCEPT THE <br /> <br />CONSENTS TO THE FILING OF SUCH APPLICATIONS FOR LAND USE APPROVALS, <br /> <br />REZONINGS, COMPREHENSIVE PLAN AMENDMENTS OR OTHER REQUIRED APPROVALS, AS <br /> <br />MORE FULLY SET FORTH HEREIN, AND TO TIMELY PROCESS SUCH APPLICATIONS. <br /> <br />22. Attorneys' Fees and Costs. <br /> <br />In the event either party hereto shall default in the performance of any of the terms and <br /> <br />conditions of this Agreement, the preyaijing party shall be entitled to recover all costs, charges and <br /> <br />expenses of enforcement, including reasonable attorneys' fees incurred in a trial or appellate proceeding. <br /> <br />23. Parties in Interest. <br /> <br />All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of <br /> <br />and shall be enforceable by the respective successors and assigns of the Buyers and Seller. <br /> <br />13 of 17 <br /> <br /> <br />J111r <br /> <br />,;,.~ <br />"", <br />.' . <br />'....J ;' <br />