Res 2007-161 - Laserfiche WebLink

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I I I C. In the event that Carma requests in writing (an "Easement Acquisition Notice") that the City assume responsibility for, manage the acquisition of, and acquire easements for the Post Road Water Project, the City hereby agrees to assume Carma's responsibility for acquisition of the easements pursuant to Paragraph 8.A. above and to use its best efforts to acquire the easements necessary for completion of the Post Road Water Project. Within 10 days after the date of the Easement Acquisition Notice, Carma agrees to pay to the City the amount of $10,000 as a deposit towards the Easement Costs for the City's acquisition of easements related to the Post Road Water Project. The City agrees to use the funds provided by Carma under this paragraph only for the described Easement Costs. The City will provide a monthly report to Carma of funds expended from this deposit. The City will refund to Carma any of the deposit amount which remains within 30 days of the completion of easement acquisition. If additional funds are needed to pay the Easement Costs, the City will provide one or more itemized invoices to Carma for the costs, and Carma will pay the amount of each such invoice to the City within 30 days, provided the total amount expended on the Easement Costs is either approved in advance by Carma, does not exceed 10 % above the fair market value of the real property included in the easement or is the outcome of legal action under eminent domain proceedings. The parties acknowledge and agree that, notwithstanding the City's assumption of the responsibility to acquire the easements under this Paragraph, the City will continue to be obligated to reimburse Carma for the Oversize Portion of the Easement Costs. To the extent that the City fails to acquire the easements necessary to complete the Post Road Water Project, the City will reimburse to Carma all of the Easement Costs previously paid by Carma to the City. 9. Reimbursement of Cost of Post Road Project. Carma may request that the City charge a higher level of impact fees than the amount stated in Paragraph 13 below for each user connected to the Post Road Water Project after the completion thereof. The request will be in writing, accompanied by a summary statement of the total cost of the Post Road Water Project, including engineering costs, construction costs, easement costs, and an administrative fee of not more than 15% of the construction costs. The request will compute the cost per water service unit (the "Impact Fee Increment"), using the City's water impact fee service unit calculations formula in effect as of September 30,2002, for reimbursing the total cost ofthe Post Road Water Project, based on the total number of water service units reserved for the Carma Property in the Post Road Water Project as stated in Paragraph 7. The City may request additional information to verify the costs. The City Council of the City will consider the request, and if the sum of the Impact Fee Increment and the impact fee amount stated in Paragraph 13 does not exceed the amount the City otherwise charges per water service unit under the City's water system impact fee ordinance, the City Council will set the amount of the water system impact fee at the sum of the Impact Fee Increment and the amount stated in Paragraph 13 for each water connection made to the City's water system within the area served by the Post Road Water Project as described on Exhibit C attached hereto (the "Post Road Water Service Area"). The City agrees to thereafter pay to Carma the Impact Fee Increment out of each impact fee payment collected by the City for a water connection made to the City's water system on any property in the Post Road Water Service Area for a period of ten years from the date of completion of the Post Road Water 5 Post Road Water Utility Agt 20070614a