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Res 2019-022/approving a contribution in aid of construction agreement with Urban Mining Company and Urban Mining Development, LLC to provide for the City’s financial participation in the cost of extending electric service to Urban Mining Company’s opera
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Res 2019-022/approving a contribution in aid of construction agreement with Urban Mining Company and Urban Mining Development, LLC to provide for the City’s financial participation in the cost of extending electric service to Urban Mining Company’s opera
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3/26/2019 10:54:47 AM
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2/5/2019 10:53:46 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2019-22
Date
1/29/2019
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Section 2.11. The "Term" of this Agreement shall commence on the date this Agreement <br />is executed by all Parties and shall continue for a period of five years from the Effective Date <br />unless sooner terminated under Section 5.03. However, the Term of this Agreement shall be <br />continued for the limited purpose of Developers making the Incentive Repayment if one is required <br />under Section 5.03. <br />ARTICLE 111 <br />PRELIMINARY MATTERS <br />Section 3.01. Subject to Approvals. The provision of the Electric Service is dependent <br />upon the construction by the City of a I38kV electric substation on an approximately 2.4 acre tract <br />as identified in Exhibit A. The substation is subject to the approval of both the Electric Reliability <br />Council of Texas ("ERCOT") and the Lower Colorado River Authority ("LCRA"). The City shall <br />be responsible for processing all necessary requests to ERCOT and LCRA for such approvals. If <br />the City's requests approvals of the substation are not approved by both ERCOT and LCRA, this <br />Agreement shall terminate effective as of the date of the first denial. Notwithstanding the foregoing, <br />UMC shall pay for costs of electric utility line extensions to the City's Redwood Road or McCarty <br />Lane substations, together as with the City's costs to provide the service to UMC, i.e., prorated <br />amounts of any substation transformers, expansions, etc., and such payment obligation will survive <br />termination of this Agreement. <br />Section 3.02. Easements and Dedication of Land. The extension of electric utility <br />service by the City to the Land will require Developers, at no cost to the City, to grant to the City <br />electric utility and drainage easements across portions of the Land, and to convey to the City, in <br />fee simple, approximately 2.4 acres of land for a 138 kV electric substation. <br />a. Easements. The required easements shall be generally located in the areas <br />
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