O-2004-2783 - Laserfiche WebLink

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From: Fred Dietrich To: John Hightower e Date: 10/11/2004 lime: 1;48:22 ~ I4J 003/005 Page" ef6 '10/11/2004 MON 03: 48 FAX 5. This Agr~~menl with 200 Garfield, LLC is enforceable against the City in the district courts of Harris County, Tex.as, andlh~ City expressly warrants that it shall not assert any claim or defense of immunity to prevent the enforcement of this Agreenlent; 6. The City shall bear its own ~x.penses. costS a.nd attorneY~$ fees incurred in connection with the Lawsuit and !\hall not l'eek reimbursement at. expenses, costs and aLtorney's fees from 200 Garfield. LLC; 7, The City will enact such ordinances or rel\olutions as are necessary to Cully approve and effectUate this Agreement; S. Upon full and final approval of this Agreement by all parties, the City will prompLly nun-suit wilhout prejudice any and all claim:; and cames of action against 200 Garfield in the Lawsuitj a.nd 9. The City consents to and will not object to 200 Garfield's withdrawa~ and reimbursement of the $3000 cash bond filed in conn~clion with the Lawsuit. The City w:U'l'aots a~d represents that since October I, 2002, it has not changed or altered any zoning or other land use regulation or ordinance that e.ffect!' the Ul\C or development of the Propel'ty and tha.t it shall nol se~k, prior to May 1, 2005, to change. enact .or alter any zoning or other lilnd use regul~ltion or ordinance that would effect the use or development of the Property ~ The City furLher warrants and represents tha.t a. true and correct copy of the current zoning ordinance applic!\ble to the Property ili attached to lhi!\ Agreement a!\ Exhibit A. 200 Garfield, LLC agrees: 1. It shall submit. by June J, 2005, to the City of La Parle plnn!i LO renova.te the buildings on the Property and/or redevelop the Property; if 200 Gartield, LLC does not submil any renovation and/or redevelopment plans for City'!'; a.pproval. it will submit plans to demolish the existing buildings hy January 2, 2006; 2, That after the City of La Porte approves 200 Gartield, LLC's renova.tion andlor redevelopment plans. 200 Garfield, LLC shall within 9 rnonths or by January 2, 2006, which ev~r is later, demolish any existing building that i!\ not scheduled for renovation; PaO'~ 2 of 4 o