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<br /> actual interest cost to the party or parties constructing the <br /> Regional facilities in advance. It is expressly understood and <br /> agreed by the parties that the Service Plan of the City is <br /> subject to modification from time to time as required by changes <br /> in timing of construction, sizing, Regional cost estimates, and <br /> types and numbers of Regional facilities needed. It is <br /> specifically agreed that the need for Regional facilities in <br /> advance of the anticipated schedule or the City's inability to <br /> obtain necessary permits may require such modification of the <br /> Service Plan. <br /> B. (1) The City, Developer and the District <br /> acknowledge, agree and consent that the design, execution of <br /> construction contracts and construction management for the <br /> Regional facilities, both water and wastewater, shall be under <br /> the direction and supervision of the respective engineers for the <br /> participating Districts or Developer, with such responsibility <br /> being divided such that the Regional facilities on the east side <br /> of IH-35, including the construction of the water main across <br /> IH-35, are the responsibility of Developer's or the District's <br /> engineer or engineers for Hays County Municipal Utility Districts <br /> Nos. 2 and 3, and those facilities on the west side of IH-35, <br /> including the construction of the wastewater main across IH-35, <br /> are the responsibility of the developer or the district engineer <br /> or engineers for the districts serving the Rivergate development. <br /> ( 2) It is expressly understood by all parties that <br /> the City shall have and retain the right to review and approve <br /> all plans and specifications for and inspect construction of all <br /> Regional facilities, including the facilities referred to in <br /> Sections A and B of this Article. The City shall receive a <br /> credit towards the City's share of the capital costs of the <br /> Regional facilities equal to its standard City fees for <br /> construction plan review and construction inspection undertaken <br /> by the City. This amount will be a credit to the City's required <br /> reimbursement to Developer as set out under Art. III, Sec. F. <br /> -8- <br />