Common use of Facility Commitments Clause in Contracts

Facility Commitments. (a) The Owner agrees that the City is not responsible for the construction or creation of public facilities or capacity in order to facilitate the development of the Subject Property. (b) The Owner agrees to accomplish and complete, at a minimum, the facility/infrastructure and to grant the rights set forth in the DA, at the Owner’s sole and exclusive expense, as a condition of this development approval and in addition to the payment of all impact fees relating to the development of the Subject Property. (c) The Owner agrees to the granting of any and all utility easements to the City which the City deems necessary to serve the Subject Property with public utilities. (d) The Owner hereby agrees that the City has shown an essential nexus between a legitimate City interest and the conditions imposed herein. Further, the Owner agrees that the City has established that all proposed conditions are roughly proportional to the impact the development upon the public problems addressed herein based upon an individualized determination that the required dedication/commitment is related in both nature and extent to the impacts of the proposed development.

Facility Commitments. (a) The Owner agrees that the City is not responsible for the construction or creation of public facilities or capacity in order to facilitate the development of the Subject Property. (b) The Owner agrees to accomplish and complete, at a minimum, the following facility/infrastructure and to grant the rights set forth in the DAfollowing rights, at the Owner’s sole and exclusive expense, as a condition of this development approval and in addition to the payment of all impact fees relating to the development of the Subject Property. (c) The Owner agrees to the granting of any and all utility easements to the City which the City deems necessary to serve the Subject Property with public utilities. (d) The Owner hereby agrees that the City has shown an essential nexus between a legitimate City interest and the conditions imposed herein. Further, the Owner agrees that the City has established that all proposed conditions are roughly proportional to the impact the development upon the public problems addressed herein based upon an individualized determination that the required dedication/commitment is related in both nature and extent to the impacts of the proposed development.