Determination of Rough Proportionality. The Developer agrees that the construction of the Authorized Improvements is roughly proportional to the need created by the development of the Property in the District and the Developer hereby waives any claim therefor that it may have. The Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said construction and dedication are related both in nature and extent to the impact of the development of Euless Midtown. The Developer waives and releases all claims against the City related to rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code, as well as other requirements of a nexus between development conditions and the projected impact of the Euless Midtown development.
Determination of Rough Proportionality. As additional consideration for the Incentives received by Developer under this Agreement, Developer hereby agrees to donate to the City the land within the Property necessary to construct the Public Improvements; and Developer further agrees that such land is roughly proportional to the need for such land, and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the Public Improvements. Developer waives and releases all claims against the City related to any and all rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code, as well as other requirements of a nexus between development conditions and the projected impact of the Public Improvements.
Determination of Rough Proportionality. Owner hereby agrees that any land or property it donates to City, construction of infrastructure, and fees and assessments required by this Agreement and by the Watercolor PD are roughly proportional to the need for such dedication, construction or fee and Owner hereby waives any claim therefor that it may have solely in connection with the Watercolor PD. Owner further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said dedication, construction or fee are related both in nature and extent to the impact of the improvements. Owner waives and releases all claims, on behalf of Owner and any subsequent purchasers of land within the Property, which Owner may have against City related to any and all rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code or the U.S. and Texas Constitutions, as well as other requirements of a nexus between development conditions and the projected impact of the public improvements required by the Watercolor PD, solely with respect to the donation of land, construction of infrastructure and fees and assessments described in the first sentence of this Section 8.” Section 11(b) of the Development Agreement is amended to read as follows:
Determination of Rough Proportionality. Owner hereby agrees that any land or property it donates to City, construction of infrastructure, and fees and assessments required by this Agreement and by the current Riverwalk! PD are roughly proportional to the need for such dedication, construction or fee and Owner hereby waives any claim therefor that it may have. Owner further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said dedication, construction or fee are related both in nature and extent to the impact of the improvements. Owner waives and releases all claims, on behalf of Owner and any subsequent purchasers of land within the Property, which Owner may have against City related to any and all rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code or the U.S. and Texas Constitutions, as well as other requirements of a nexus between development conditions and the projected impact of the public improvements, solely with respect to the donation of land, construction of infrastructure and fees and assessments described in the first sentence of this Section 8.
Determination of Rough Proportionality. Developer understands and acknowledges that the Determination of Rough Proportionality is correct and accurate and does not dispute any of the determinations, statements, or other information contained therein. The Parties stipulate that Developer’s portion of cost and responsibilities set forth under this Agreement do not exceed the amount required for infrastructure improvements that are roughly proportionate to the Project and that the Determination of Rough Proportionality was approved by the City’s professional engineer who holds a license issued under Chapter 1001, Texas Occupations Code. The Parties further stipulate that said approval by said engineer was based on the engineer’s review and analysis of the final version of this Agreement as executed by the Parties, regardless of the date that is shown on Exhibit E.
Determination of Rough Proportionality. The Owner hereby agrees that all donations of land or property to the City shown on the final plat for the Addition (collectively the “Exactions”) are roughly proportional to the projected impact of the development of the Addition, and Owner hereby waives any claim therefor that it may have. Owner further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said Exactions are related both in nature and extent to the impact of the development of the Addition. In connection with the Exactions, the Owner specifically waives and releases all claims which the Owner may have against the City: (1) related to any and all rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code, as well as other requirements of a nexus between development conditions and the projected impact of the development of the Addition; and (2) that the Exactions constitute a “taking” (i.e., an inverse condemnation) under the Texas or United States Constitutions. Except as otherwise provided in this paragraph, the Owner does not, by entering into this Agreement, waive any right that the Owner may now have or hereafter have with respect to any claim (i) of a vested right arising under Chapters 43 or 245 of the Texas Local Government Code, as amended, or otherwise arising from any common law or other state or federal law; or (ii) that the application of a regulation or requirement imposed by the City constitutes a "taking" or an illegal exaction.
Determination of Rough Proportionality. As additional consideration for the incentives received by Xxxxxxx from the BEDC under this Agreement, Xxxxxxx hereby agrees that any land or property it donates to the City, if any, as part of the development of the Facility for any public improvements is roughly proportional to the need for such land and Shipley hereby waives any claim therefore that it may have. Xxxxxxx further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the Facility. Xxxxxxx waives and releases all claims it may have against the City related to any and all rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code, as well as other requirements of a nexus between development conditions and the projected impact of the Facility.
