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Res 2019-262/approving an amendment to the developer participation agreement with Highpointe Trace, LLC to add the oversizing of a Wastewater main extension at a cost to the city of $108,454.21
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Res 2019-262/approving an amendment to the developer participation agreement with Highpointe Trace, LLC to add the oversizing of a Wastewater main extension at a cost to the city of $108,454.21
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1/28/2020 2:12:52 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2019-262
Date
12/17/2019
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1.3 Attached hereto as Exhibit "B" is the mutually agreed-upon line item budget for the <br />Salamander Public Improvements (the "Salamander Cost Allocation Schedule") which has been <br />prepared based upon the Salamander Sewer Plans and which identifies (i) the scope of work and <br />associated budgeted costs for the Salamander Developer Improvements had Developer only <br />undertaken that scope of work ("Salamander Developer Base Cost"), and (ii) those specific items <br />which have been upsized or added to the scope of work as a result of the Salamander City <br />Improvements and the additional associated budgeted costs related thereto which are in excess of <br />the costs for the Salamander Developer Improvements (the "Salamander City Improvements Line <br />Items", with the total budgeted cost for each such line item, inclusive of Salamander Developer <br />Base Cost if and as applicable, referred to herein as the "Salamander City Improvements Line Item <br />Total Cost"). <br />1.4 The City has determined that the Salamander Public Improvements qualify for cost <br />participation by the City and the City desires to have the Developer design and construct both the <br />Salamander Developer Improvements and the Salamander City Improvements subject to the terms <br />of the Agreement, as amended by this Amendment. <br />1.5 The City and Developer now desire to amend the Agreement to provide for the <br />Developer's design and construct both the Salamander Developer Improvements and the <br />Salamander City Improvements, and the City's participation in the cost thereof, on the terms set <br />forth below. <br />II. AGREEMENT <br />In consideration of the mutual benefits to and obligations of the parties under this <br />Amendment, the parties agree to the following terms and conditions and hereby amend the <br />Agreement as follows: <br />1. Design and Construction of Salamander Public Improvements. The design and <br />construction of the Salamander Public Improvements, and the City's contribution toward the cost <br />thereof, shall be governed by the same terms and conditions set forth in the Agreement which <br />pertain to the Public Improvements, and the Agreement as amended hereby shall be interpreted <br />accordingly, except as follows: <br />(a) With respect to the Salamander Public Improvements only, the first <br />sentence of Section 2.1.6 of the Agreement is hereby deleted and replaced with the following: <br />"2.6.1 Completion and Acceptance. Subject to Force Majeure <br />(defined below), the parties currently estimate a completion date for the <br />Salamander Public Improvements to be on or about September 30, 2020." <br />(b) With respect to the Salamander Public Improvements only, Section 2.2.1 of <br />the Agreement is hereby deleted and replaced with the following: <br />"2.2.1 Cost Participation Amount. The City is cost participating in the <br />portion of the Salamander Public Improvements described or to be described in <br />2806637.1 2 <br />
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