Ord 1987-020 - Laserfiche WebLink

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The parties acknowledge that parties other than themselves may desire to purchase capacity in and to be involved in the construction of the Regional Facilities, and the City will be responsible for contracting with any such third parties in separate agreements, so that for purposes of this Agree- ment, the City is responsible for all costs of the Regional Facili ties not attributable to the District. (b) The parties acknowledge that the timing of the phases of the Project and the specific construction activity included in each phase have been projected for the Utility Plan using the best information presently available, and accordingly, the parties agree that thi s Agreement is intended to be interpreted at its most flexible, so that future occurrence of different timing or different facil- ities may be agreed upon with no further approval action required. Future mutual modifications of plans for the Regional Facili ties will be accompanied by modified cost shares per party based upon capacity required for each phase. If future modification results in additions or deletions to the components of the Project, so long as the modification of the Utility Plan is agreed to by all par- ties, the modified Project may be financed in compliance wi th thi s Agreement. Section 3.03. Water Transport Permit. The parties acknowledge that a water transport permit from the Edwards Underground Water District will be required, and the City agrees to attempt to obtain it. The City agrees to retain a registered and recognized groundwater hydrologist familiar with such permits to perform any studies required to obtain said permit. In the event the City fails to secure the water transport permit, the City shall obtain water from other sources to meet its obligation to provide water service to the District as provided herein. Section 3.04. Water Supply, Treatment, and Distribu- tion Facili ties. The first phase of the Regional Water Facilities includes a well field consisting of two wells, a standpipe, and transmi ssion mains as described in Exhib- it liD" hereto. Subsequent phases will include installation of additional wells, ground storage facilities, high service pumping, an elevated storage tank, and additional trans- mission mains. The facilities and the phasing reflected in Exhib:j. t "D" hereto are estimates and may be modified from time to time with the approval of the City which may not be unreasonably withheld as required by the District's -6-