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subject always to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner of its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real or a portion of the Property. Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or any successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the Real Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating to contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein, the term "defense" shall inciude any counter -claims, appeals, or cross-appeals. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice. ARTICLE III DEVELOPMENT OF THE PROPERTY Section 3.1.' Development Plan. (a) Future Development Planning. (1) As of the Effective Date of the original, un -amended Annexation Agreement, there is no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum standards in this Agreement shall guide and bind the Development of the Real Property. (2) The Owner and the City agree that due to the size of the Real Property and its location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real Property shall consist of a well-planned, sustainable and integrated system of Land Use; consistent with Future Land Use Map (FLUM) and City Ordinance 0-22-13, (see Section (b)(2) a. through m., supra] containing a mix of Residential and non-residential uses. (b) Comprehensive Plan Land Use Designation. The City has taken action to designate the Real Property on the Future Land Use Map (FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use Element. (1) Mixed Use (MU) Development. The Real Property shall be Developed Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida Statues at the time of Development as determined by the City, and in no event will the Real Property Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and encourage town centers along major arterial corridors. Sebastian/Annexation 15.Agt f=inal Draft Clean 01/19/2023 9 15 of 71 292