02/21/2023 - Laserfiche WebLink

Home Browse Search

Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 35SKl PG: 3115 of its obligation to cooperate with the City in, and to keep alive the Pe'liiian for, Arin0ation of all the Real Rroperty, on portions of the Real Praperly. Election 2.4. Litigation. SIh ould any "party of ied," or as defined in CII-aplen 171, Floric a S'lalues Qan any successor statute;, file a legal action witl' a court of aompetenl jc risc iciion contesting the annexation of the Real Property or this Agreement, the Owner, at the requesi of the Cliiy, agrees to participate in defense of the annEDation and this Agrerermerit. Funkier, with regard la any attorneys' on paralegals' fees on catrt oasts, or adverse jL dgmerrd, in(lL nned by the Ciiy directly relailing to its deferise of arty lawsuit wish 'Ih e City, if ariy, nelzitirig to con'lest of the arinexalion hereunder or this Agreeni ihel Ownen agneas to iriceirrniN and save harmless the City for the paymeni of ariy claims or carrades, as wall as ariy court aosis, adversejLdclmerit and attorney's aric paralegal's lees, irICILrned in defending saic acitiori or as a direct or indirect result of saic action. As used herein, 'Ite Term "defense" shall include any caLrilen-claims, appeals, or cross-appeals. As used heneiri, neference to ablorney's fees on panalegal's fee shall apply to both trial aric ariy appeal and to any negotiation of setlleirrerit of claims relating to this Agreement or any arirne)aiiori. The Owner will have to rrai any payrrent 10 ii City within len ill cat's of receiving any invoices fram the City pertaining is ariy alairra an damages, as well as any eour costs, ac�ense jLcgrrent and attornery l on panalegal's feeEi, or court assts, as stated atci�e. llhe City, al i1 sole cast aric expense, will have the authority purse aril to this Aclraerrerd to slain ih a legal coLrlsel of its choice. AR111CL8 III DEVBLOPMEN11 OF THE PROPERTY Section il.' . Development Plan. (a) Future i elopment Rlanning. (11; As of the Bffeotive Date of the oniclinal, un-americed Annexation Agreement, thene is no graphic or written version cd a De%elopment Rlan for ire Real Rroperty. The Cwner/❑eeeloper agrees 111- al this Agreement does real authonize approval of any specific Development Crcer, sutcivision on Site Rlan proposal. Howe%en, the Cwrler and any De%elopen of any portion of the Real Property, agnees that minimum standarc s in this Agreeirr Bird shall gL ide and bine the ❑evelorlrrerd of the Real Property . (12) llher CWnEIr and the City agree that due to the size of the Real Property and its location, that Development of the Real Rnoperiy shall to Master Rlannec thror.gh a i Use RUD zoning on a minimum cll 400 acme Rarcials as pan of 'Ile Rlarined L nit De�eloprnent (PUD). Develapm en'I of tki a RElal Property ski all consisi of a well-planned, sustainat le and integnated sy stem of Land Use; aarisisierll with Future Larid Use Map (FLLM) and City Cndinance C-32-13, Isee Section (1b)(12) a. ihnaLgh m., mina; containing a mix of Residential aric ricin -residential uses. Ilk; Corn preherlsNa Rlan Larid Lse Designation. 11i City has 'Ai action to designate the Real Rnorlariy on the Future Lanc Use Map (Fi of Re City's Clorrprehensive Rlarl as i Use as provided in Rolicy 1-1..1.6 of the Fr,ture Lanc Use Element. (1) MIAeC Use (MU) ❑eveloprreril. llhe Real Rrapery shall be ❑e%elopec Consistent wish the ClomprehensNe Plan FLILlle Lanc Lse Classiliclation in effect and accorcing to Flonica Slatutes at li time of Develaprren'I as celeirmirled by the City, and in no event will the Real Rroperty Development exceed the maxim L m ❑ernsi) and Intensity of Use in this Agreement, and will satisfy all other requirements cd this Agnearrerd. The pcnclase of Ille Mixed Use designation is to provide a rrixlLre of Residerllial, Corrmercial, rearealional, Industrial, Heavy Iridii.sirial, and Institutional Lses and promote town aen'lers along major arienial connic Oro. Sebastiari4Prirexadion 18.Ag1 Final CLEAN a2/CI8/A0213 9 46 of 60 2/17/2023, 4:34 PM