05-24-07 Meeting of the La Porte Redevelopment Authority minutes

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/-- (, (- reimburse the Developer for any other work done prior to the date hereof or in any greater amount or on any other conditions for work performed in connection with Public Improvements prior to the date hereof. 4.9 Changes in Proiect. The Developer shall not make any change in the Project as to the uses of the property or change the boundaries within the Project Site without the express written consent of the City, the La Porte Board and the Zone Board. 4.10 No Vested Rights. The Developer expressly understands and agrees that neither this Agreement nor any approvals required herein shall be construed as a "permit," as defined in Section 245.001 of the Texas Local Government Code, or an application therefor; and, as such, the Developer has no vested right as a "permit" in any order, regulation, ordinance, rule, expiration date or other requirement in effect at the time of execution of this Agreement or at the time any approval pursuant to the terms hereof is obtained. To this end, Developer, for itself, its officers, agents, employees, successors and assigns, hereby releases and holds harmless the City, the La Porte Authority and the La Porte Zone from any claim or cause of action involving vested rights, including, but not limited to, such a right claimed pursuant to Chapter 245 of the Texas Local Government Code, arising out of this Agreement or the approvals required to be obtained herein. ARTICLE 5 DUTIES AND RESPONSIBILITIES OF THE LA PORTE AUTHORITY 5.1 La Porte Authority Contributions. The La Porte Authority shall payor reimburse to Developer the Project Costs in the amount of the actual costs of the Public Improvements as more particularly described in and as provided by Articles 3 and 4. The total, actual Project Costs of the Public Improvements, for which the Po Authority shall be responsible under the terms of this Agreement, is estimated to be $11,,,, ,000. Attached hereto as Exhibit B is a detailed description of the engineering estimates ~e lie Improvements. The Project Costs shall be financed and funded in accordance with Article 6 hereof. In the event a portion of the Public Improvements is determined to be ineligible under the Act, the Project Costs shall be reduced by the amount of such ineligible Public Improvements. If the La Porte Authority has already repaid Developer for such ineligible Public Improvements in accordance with this Agreement, the Parties agree that Developer shall reimburse the La Porte Authority for such repayment within thirty (30) days of receipt of an invoice from the La Porte Authority and all such sums shall bear interest at the rate established in Section 6.1(F) from the date past due until the date of such reimbursement. Should the Developer fail to timely pay such amount, the La Porte Authority may, in its sole discretion, withhold the amount due, including accrued interest, from future Contract Progress Payments. 5.2 Proiect Costs. The La Porte Authority shall payor reimburse the Project Costs in accordance with this Agreement. In the event the La Porte Authority does not have funds available at the time all or part of the Project Costs are payable by the La Porte Authority in accordance with this Agreement, the Project Costs shall be funded in accordance with Article 6 hereof, and such funding shall not be deemed a default by the La Porte Authority under this Agreement. 8 HOU:2322718.7 - - - - - - - - - - - - - - -