Res 2007-161 - Laserfiche WebLink

Home Browse Search

Water Property and their respective portions of the Reserved Capacity in the Post Road Water Project, the City agrees to verify that sufficient capacity remains in I the Post Road Water Project, after deducting the total Reserved Capacity for the Carma Property, to serve a request to connect to the Post Road Water Project by the owner of any other property, or by the owners of the Carma Property, before approving the request. To the extent that any such request exceeds the remaining capacity in the Post Road Project, the City agrees to deny the request. The City may provide alternative means for water service for persons whose water service requests are denied under this paragraph, in any manner that does not reduce the amount of the Adjusted Reserve Capacity for the Carma Property. 8. Easements. A. Subject to Paragraph 8.C. below, Carma agrees to acquire, at its sole cost and expense, and dedicate to the City, all easements needed for completion of the Post Road Project in the locations shown generally on the map attached as Exhibit B. The City agrees, at the request of Carma, to assist in the acquisition of such easements, but, except with respect to oversizing of the Post Road Project, the City shall have no obligation to participate in the cost to obtain such easements. As reflected in Paragraph 2 of this Agreement, the City has requested oversizing of the Post Road Project and, in accordance therewith, the City hereby agrees that the City will be responsible for the Oversize Portion (as defined below) of the costs of the easements needed for completion of the Post Road Water Project as reflected in this Paragraph 8. These costs will consist of 1) costs for right-of-way agent services, 2) cash compensation costs to property owners, 3) the value of non-cash compensation (such as replacement fencing, driveway improvements, etc.) connected with the acquisitions, 4) a policy of title insurance, and 5) eminent domain costs, if needed, including the costs and fees for an appraiser and attorney (cumulatively, the "Easement Costs"). The term "Oversize Portion", as used in this Agreement, means the ratio of (i) the oversizing costs to be paid by the City pursuant to Paragraph 5.B. above to (ii) the total costs to the City and Carma, other than easement acquisition costs incurred pursuant to this Paragraph 8, of completing the Post Road Water Project The Easement Costs, if any, paid by Carma for the easements will be treated as a project cost for the Post Road Water Project. The City will pay to Carma the City's portion of the Easement Costs at the same time as the other costs associated with oversizing are to be paid by the City pursuant to Paragraph 5.B. above. At the written request of Carma, the City will exercise its eminent domain authority to acquire easements needed for the Post Road Water Facilities. Subject to the obligation of the City to pay for the Oversize Portion of the Easement Costs pursuant to Paragraph 8.A., Carma will pay for all Easement Costs associated with these acquisitions, which Easement Costs (to the extent paid by Carma and not reimbursed as part of the oversize costs) shall be treated as a project cost for the Post Road Project. B. Post Road Water Utility Agt 20070614a I I 4