Common use of Petition(s) for Annexation; Annexation Clause in Contracts

Petition(s) for Annexation; Annexation. Developer agrees to prepare or has already prepared, at its expense, an annexation petition, map, legal description and other related information, as may be required by the Ohio Revised Code ("ORC"), to annex the Property to the City. The annexation process shall be an "Expedited Type II" annexation as provided in ORC Section 709.023. Landowner agrees that they will execute (or have already executed) any necessary annexation petitions, as appropriate, and will not remove names from the petitions within the statutory period, and will execute any other documents reasonably necessary to effectuate the annexation as may be required by law as long as Landowner does not thereby incur additional cost or expense. The petition will be filed with the Delaware County Commissioners. Developer agrees that the costs for its own attorney to represent its interests with regard to the annexation petition will be borne by Developer. Developer and Landowner further agree that they will continue to support the annexation to the City throughout the process, including any appeal or court action at no further expense to Landowner; provided, however, Landowner’s and Developer’s continued cooperation in the annexation of the Property shall be subject to and conditioned upon the City’s performance of its duties and obligations as memorialized in this Agreement and the economic viability to Developer to continue to so cooperate.

Appears in 1 contract

Samples: Annexation Agreement

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Petition(s) for Annexation; Annexation. Developer The City agrees to prepare or has already prepared, at its expense, an annexation petition, map, legal description and other related information, as may be required by the Ohio Revised Code ("ORC"), to annex the Property to the City. The annexation process shall be an "Expedited Type II" annexation as provided in ORC Section 709.023. Landowner agrees that they will execute (or have already executed) or will cause (or have already caused) the underlying property owners to execute any necessary annexation petitions, as appropriate, and will not remove names from the petitions within the statutory period, and will execute any other documents reasonably necessary to effectuate the annexation as may be required by law as long as Landowner does not thereby incur additional cost or expense. The annexation petition shall appoint Xxxxxx Law Director Xxxxxx X. Xxxxxxx as the petitioner’s agent and may be filed solely with the Property or may be filed as a joint annexation petition with other parcels so long as all other parcels so joined are supported by one hundred (100%) of the owners of each parcel and the joinder of any such additional parcels will in no way affect the agreements of the parties memorialized in this Agreement. The petition will be filed with the Delaware County Commissioners. Developer The City agrees that all costs and expenses in petitioning for the costs annexation will be borne by the City. Should Landowner desire for its own attorney to represent its interests with regard to the annexation petition petition, those costs will be borne by DeveloperLandowner. Developer and Landowner further agree agrees that they will continue to support the annexation to the City throughout the process, including any appeal or court action at no further expense to Landowner; provided, however, Landowner’s and Developer’s continued cooperation in the annexation of the Property shall be subject to and conditioned upon the City’s performance of its duties and obligations as memorialized in this Agreement and the economic viability to Developer to continue to so cooperateAgreement.

Appears in 1 contract

Samples: Annexation Agreement

Petition(s) for Annexation; Annexation. Developer agrees to The Landowner shall prepare or has already prepared, at its expense, an annexation petition, map, legal description and other related information, as may be required by the Ohio Revised Code ("ORC"), to annex the Property to the City. The annexation process shall be an "Expedited Type II" annexation as provided in ORC Section 709.023. Landowner agrees that they it will execute (or have already executed) any necessary annexation petitionspetition, as appropriate, and will not remove names from the petitions within the statutory period, and will execute any other documents reasonably necessary to effectuate the annexation as may be required by law as long as Landowner does not thereby incur additional at its cost or expense. The annexation petition shall appoint Xxxxxx X. Xxxx, Esquire, as the petitioner’s agent and may be filed solely with the Property or may be filed as a joint annexation petition with other parcels so long as all other parcels so joined are supported by one hundred (100%) of the owners of each parcel and the joinder of any such additional parcels will in no way affect the agreements of the parties memorialized in this Agreement. The petition will be filed with the Delaware County Commissioners. Developer The Landowner agrees that all costs and expenses in petitioning for the costs annexation will be borne by the Landowner or Developer. Should the City desire for its own attorney to represent its interests with regard to the annexation petition petition, those costs will be borne by DeveloperCity. Developer and Landowner further agree agrees that they will continue to support the annexation to the City throughout the process, including any appeal or court action at no further expense to LandownerCity, unless the City desires to retain its own attorneys; provided, however, Landowner’s and Developer’s continued cooperation in the annexation of the Property shall be subject to and conditioned upon the City’s performance of its duties and obligations as memorialized in this Agreement and the economic viability to Developer to continue to so cooperateAgreement.

Appears in 1 contract

Samples: Pre Annexation Agreement

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Petition(s) for Annexation; Annexation. Developer agrees to The Landowner shall prepare or has already prepared, at its expense, an annexation petition, map, legal description and other related information, as may be required by the Ohio Revised Code ("ORC"), to annex the Property to the City. The annexation process shall be an "Expedited Type II" annexation as provided in ORC Section 709.023. Landowner agrees that they it will execute (or have already executed) any necessary annexation petitionspetition, as appropriate, and will not remove names from the petitions within the statutory period, and will execute any other documents reasonably necessary to effectuate the annexation as may be required by law as long as Landowner does not thereby incur additional at its cost or expense. The annexation petition shall appoint Xxxxx Xxxxxxxxx (and other attorneys with the law firm of Xxxxxxxxx & Xxxxx LLC) as the petitioner’s agent and will be filed solely with the Property. The petition will be filed with the Delaware County Commissioners. The Landowner and Developer agrees agree that all costs and expenses in petitioning for the costs annexation will be borne by Developer. Should the City desire for its own attorney to represent its interests with regard to the annexation petition petition, those costs will be borne by DeveloperCity. Developer and Landowner further agree agrees that they will continue to support the annexation to the City throughout the process, including any appeal or court action at no further expense to LandownerCity, unless the City desires to retain its own attorneys; provided, however, Landowner’s and Developer’s continued cooperation in the annexation of the Property shall be subject to and conditioned upon the City’s performance of its duties and obligations as memorialized in this Agreement and the economic viability to Developer to continue to so cooperateAgreement.

Appears in 1 contract

Samples: Pre Annexation Agreement

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