Res 2009-038 - Laserfiche WebLink

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before the final Plant design is fifty percent (50%) complete. If either Party desires to increase the initial phase capacity after the final Plant design is fifty percent (50%) complete, the Party requesting the increase in capacity shall be obligated to pay all increases in the cost of design, engineering and construction actually incurred as a result of designing the Plant to include the requested increased capacity in the initial phase. Provided, however, that no change in the final design of the initial phase capacity of the Plant shall be authorized after the final design is fifty percent (50%) complete if such design change could delay the anticipated completion date for the construction of the initial phase of the Plant which is projected for December 31, 1999. After construction of the initial phase, the City shall expand the capacity of the Plant from time to time upon the request of either Party. The amount of any such expansion shall be the Minimum Plant Expansion or a multiple thereof. The cost of any such expansion shall be borne by the Parties in accordance with the percentage of the additional capacity they intend to utilize. In the event only one of the Parties requests the expansion, that Party shall be solely responsible for all costs for design changes, engineering and construction of such expansion in the full multiple increments of the Minimum Plant Expansion. (2) Plant Operation and Maintenance The City shall be responsible for the operation and maintenance of the Plant pursuant to the terms and conditions of this Agreement. The City shall select a Plant Operator after a competitive procurement process and consideration of any Management Committee recommendations. GBRA and the City may themselves submit proposals for Plant Operator. The City will review the Plant Operator's performance at least once every five years, but may review the Plant Operator's performance more frequently in the City's sole discretion. The City may select another Plant Operator using the same procedure as the original selection. The City may hire a consultant to provide start-up services for the Plant. (3) Plant Ownership The City shall hold legal title to the Plant including all properties, rights of way, easements and any other interest in real property acquired for the Plant, during the existence of: A) any Project Debt Instruments issued by the City for the acquisition and construction of the initial phase of the Plant, or B) any GBRA Plant Expansion Debt Instruments. GBRA shall have the right to prepay or defease any GBRA Plant Expansion Debt Instruments in accordance with the terms of such Instruments. After the Project Debt Instruments issued by the City for the initial phase of the Plant and the initial GBRA Plant Expansion Debt Instruments have been fully paid, redeemed or defeased, such that the City has no outstanding debt under on the initial phase of the Plant or the initial GBRA Plant Expansion, the City shall convey to GBRA, at no cost to GBRA, legal title to an undivided interest in the Plant equal to GBRA's percentage interest in the total treatment capacity of the Plant at that time. Such conveyance shall be by written instrument in recordable form. After the transfer of legal title contemplated by this Section 4, title to the undivided interests in the Plant following each future expansion of the Plant shall be owned by the Parties based upon the proportionate amount of Plant capacity that each Party has requested and paid for, and the Parties agree to execute and record, at no cost to one another, written -7-