Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property 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 development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property.
Rough Proportionality. Owner hereby waives any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution with respect to roadway or infrastructure requirements imposed by this Agreement. Owner and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement, with respect to roadway or infrastructure requirements imposed by this Agreement.
Rough Proportionality. As provided in Section 9.2, in the event that CDFG has determined that the Permittees have failed to meet the rough proportionality standard provided in Section 9.3 of this Agreement, and if the Permittees have failed to cure the default or entered into an agreement to do so within forty-five (45) days of the written notice of such determination, CDFG shall suspend the State Permit in whole or in part in accordance with California Fish and Game Code section 2820.
Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as reflected in the Final Plat, attached hereto as Exhibit C and incorporated by reference), relative to any development on the Property 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 development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property.
Rough Proportionality. Owner hereby agrees that any portion of the Property Owner donates and/or dedicates to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as may be reflected in any Final Plat), relative to any development on the Property is roughly proportional to the need for the Property and the Development, 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 donation are related both in nature and extent to the impact of the Development. Both Owner and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property.
Rough Proportionality. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property.
Rough Proportionality. Church hereby agrees that any land or property donated and/or dedicated to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as may be reflected in any Final Plat), relative to any development on the Property is roughly proportional to the need for such land and Church hereby waives any claim therefor that it may have. Xxxxxx 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 development referenced herein. Both Church and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of services to the Property.
Rough Proportionality. It is understood and agreed that the Developer is legally responsible to construct, dedicate and pay for only those public improvements and facilities that are necessitated by and attributable to the Xxxxx Xxxxx South Development. The Developer hereby agrees that the construction and escrow requirements in this Agreement are necessitated by and attributable to the Xxxxx Xxxxx South Development and are roughly proportional to the need for such construction or payments 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 by the City have been met, and that any costs incurred relative to construction and payments under this Agreement are related both in nature and extent to the impact of the Xxxxx Xxxxx South Development. The Developer waives and releases all claims, on behalf of the Developer and any subsequent purchasers of land within the Xxxxx Xxxxx South Development, which the Developer 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 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.
Rough Proportionality. Section 2820 (b)(9) of the Fish and Game Code requires NCCP Permittees to ensure that implementation of mitigation and conservation measures on a plan basis is roughly proportional in time and extent to the impact on habitat or Covered Species authorized under the Plan. Permittee will ensure rough proportionality after the Permits have been issued by implementing mitigation and conservation measures ahead of impacts from Covered Activities, as described in Chapter 5 of the Plan. As further described in Section 5.8.2 and Tables 5.3, and 5.5 of the Plan, the amount of each land cover type restored, created, and added to the Preserve Area as a proportion of the total requirement for each land cover type will be equal to or greater than the impact on that land cover type as a proportion of the total impact expected by all Covered Activities. The Permittee will fulfill the requirements of this Section and Section 5.8.2 of the Plan so long as it ensures that the pace at which the Preserve is created, and at which required habitat restoration and enhancement occurs throughout the Plan Area in core habitat areas and within key habitat linkages and riparian corridors, does not fall behind the pace at which Covered Activities impact habitat by more than ten percent (10%) of the commitments made in the Plan for each land cover type. The Permittee will include in the Annual Report a summary of all take that has occurred as a result of all Covered Activities (i.e., cumulative take; not just for that particular year) and the amount of mitigation undertaken to show that the Plan is meeting the rough proportionality requirement. If at any time CDFW determines that the requirement for rough proportionality on a Plan basis is not being met, it will provide written notification to Permittee. Permittee will either: (1) regain rough proportionality within forty-five (45) days; or (2) enter into an agreement with CDFW within forty-five (45) days, which will set a course of action to expeditiously regain rough proportionality. If Permittee does not regain rough proportionality within forty-five (45) days or enter into an agreement with CDFW within forty-five (45) days setting a course of action to regain rough proportionality, CDFW shall suspend or revoke the NCCP Permit, in whole or in part, pursuant to Fish and Game Code section 2820(c).
Rough Proportionality. The Developer and District hereby agree that any land or property it dedicates to the City as reflected on the final plat is roughly proportional to the need for such land and Developer and District hereby waive any claim therefore that either may have. Developer and District agree that the contribution to build or cost of building the above described improvement is roughly proportional to the need for such improvement and Developer and District hereby waive any claim therefore that either may have. Developer and District further acknowledge and agree that all prerequisites to such determination of rough proportionality have been met, and that any costs incurred relative to said dedication are related both in nature and extent to the impact of the development of Xxxxxxxx Lakes and its needs. Developer, District, and City further agree to waive and release all claims one may have against the other related to all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. Town of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the foregoing, including all dedications of land and costs of improvement. Developer and District hereby release City from any and all liability under Section 232.110 of the Texas Local Government Code, related to the cost of City infrastructure improvements required under this Agreement. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without giving effect to its conflict of laws provision, and venue for resolution of disputes shall lie in Brazoria County, Texas. The Parties desire to cause to have constructed the project on behalf of the City and Developer for purposes of public safety. No noncompliance shall be a default unless written notice is given as provided hereinafter and the noncompliance continues for thirty (30) days thereafter, provided that if the noncompliance is of a nature which requires a longer time to cure, then there shall be no default provided the party has commenced such cure within the thirty (30) day period and thereafter diligently prosecuted such cure to conclusion. In the event of default, a party shall have the right to bring an action at law against the defaulting party. All notices and communications hereunder shall be in writing and shall be deemed to have been duly given if delivered in...
