Res 2007-161 - Laserfiche WebLink

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Project, or until Carma has recovered the total cost of the Post Road Project, whichever comes I first. The City will make these payments to Carma within 30 days of the receipt of each impact fee payment. 10. Connection Fee. The City may establish and collect an assessment or fee, separate from a water impact fee, for connections to the Post Road Water Project. The City agrees not to charge this assessment or fee to Carma or the subsequent owner(s) of all or any part of the Carma Property to the extent that Carma or such owner is requesting water service within the Reserved Capacity under Paragraph 7 above. 11. Annexation. The Carma Property has been annexed by the City. 12. Contingencies. A. B. Intentionallv omitted. The Carma Property intended to be served by the Reserved Capacity in the Post Road Water Project is subject to subdivision platting and zoning approvals by the City that will affect the use of the property and the need for utility facilities. Carma shall file all required applications for such approvals, and shall pursue the approval of the applications with best efforts. The City agrees to process these applications in accordance with applicable laws and ordinances and to render decisions on the applications in a timely manner. In the event that a platting or zoning approval requested by Carma or a subsequent owner of the Carma Property is not approved or is finally denied prior to the completion of the Post Road Water Project, and Carma has not yet executed the construction contract for the Post Road Water Project, Carma or the then owner of the Carma Property may terminate this Agreement by giving written notice to the City. The termination of this Agreement will take effect ten (10) days after the date Carma delivers the notice to the City. I 13. Applicable Laws; impact Fees. A. This Agreement and the provision of water service through the Post Road Water Project are subject to all valid and applicable ordinances, fees (including City water impact fees as specified in Paragraph 7), rules, regulations, and laws of all governmental agencies having lawful jurisdiction over them. B. The City agrees that water impact fees charged to Carma or the subsequent owner(s) of all or any part of the Carma Property for the Reserved Capacity under Paragraph 7 during the Reservation Period above will, at the option of Carma or such owner, be calculated at the City's prior water impact fee amount of $363.00 per service unit, using the City's water impact fee service unit calculations formula in effect as of September 30, 2002. 14. Entire Agreement; Assignment. This Agreement constitutes the entire agreement I between the Parties hereto with respect to the Post Road Project and may be amended only by a written document signed by the Parties. This Agreement shall be binding upon the successors Post Road Water Utility Agt 20070614a 6