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<br />6.3G <br />Page 7 <br /> <br />6. LAND USE APPROVAL <br /> <br />As a local governmental entity, the Authority maintains that it is not subject to <br />City zoning or building regulations With respect to the SRDC Facility and that it IS not <br />required to obtain a conditional use permit from City for the planned reconstruction and <br />improvement of the SRDC Facility. City disagrees with this position, Rather than <br />dispute the issue, as a matter of comity and in the spirit of mutual respect and <br />cooperation, the Authority has applied for such a permit. This application is not <br />intended as, and shall not be construed to be, a waiver of the Authority's claim of <br />immunity from City land use jurisdiction. <br /> <br />7. SOLE OBLIGATION <br /> <br />The Franchise Fee provided for in this Agreement is the sole financial obligation <br />of Authority to City forthe mitigation of impacts resulting from the location and operation <br />of the SRDC Facility in City. <br /> <br />8. ASSIGNMENT <br /> <br />Neither party may assign this Agreement, nor any rights arising under it, without <br />the prior written consent of the other party. <br /> <br />9. BINDING ON SUCCESSORS <br /> <br />This Agreement shaff benefit, and be binding on, the successors in interest to <br />either party, including specifically any successor in the Authority's Interest in the SRDC <br />Facility. If City wishes to record a memorandum oftnis Agreement to further ensure <br />that it will be binding on any third party which purchases the SRDC Facility, the <br />Authority will execute such a memorandum. <br /> <br />10. EFFECTIVE DATE <br /> <br />This Agreement shall be effective at SUCh time as it is duly executed by both City <br />and the Authority. <br /> <br />31l41Q6116200003 <br />92n9}J)S '107101 toll <br /> <br />-4- <br />