Laserfiche WebLink
City's obligation to make Wastewater Services available to the Customers within <br /> each Tract and District shall be in the amounts reflected in the Absorption <br /> Schedule attached hereto and such obligation is explicitly not conditioned upon <br /> the construction and completion of the Interim Plant,Main Lift Station or the Plant. <br /> The City is obligated to make Wastewater Services available to the Customers <br /> within each Tract and District in accordance with the Absorption Schedule, <br /> commencing on September 1, 2025 and continuing thereafter, increasing the <br /> number of LUEs of available Wastewater Services annually until the total number <br /> of LUEs allocated to each Tract and District, per the Absorption Schedule, are <br /> provided. Notwithstanding the foregoing, the City shall not be obligated to <br /> provide Wastewater Services to the Customers within each Tract or District until <br /> such time as such Developer or District has constructed the Improvements, in <br /> accordance with the Regulatory Requirements, necessary to connect such Tract or <br /> District to the then-existing Wastewater Collection System or the Main Lift Station <br /> in accordance with City Standards. <br /> 2. City's Discharge Permit. The City shall file applications with the Commission for <br /> (i) the Discharge Permit within one (1) year and (ii) the Fleming Farms Discharge <br /> Permit amendment within six (6) months of the Effective Date and shall use all <br /> reasonable efforts to obtain the Discharge Permit and the amended Fleming Farms <br /> Discharge Permit within six (6) years of the Effective Date. The City shall bear all <br /> costs and expenses arising under this Section. The Parties agree not to protest, <br /> cause any protests, or otherwise act or cause any actions that may be construed to <br /> prevent, frustrate, delay, or obstruct the City's pursuit of the Discharge Permit or <br /> the amendment to the Fleming Farms Discharge Permit. <br /> 3. City's Main Lift Station or Collection Facility. The City shall construct the Main <br /> Lift Station or some other collection facility at the Plant Site on or before September <br /> 1, 2025, for the Developers and Districts to connect their respective Improvements <br /> to such facility. <br /> 4. Developer or District Improvements. <br /> a. Each Developer or District will be responsible, at its sole cost and expense, <br /> for permitting, designing, and constructing all portions of the Wastewater <br /> Collection System located within the respective Developer's Tract or the <br /> respective District ("Internal Improvements") in accordance with the City <br /> Standards. Further, each Developer or District will be responsible, at its <br /> sole cost and expense, but subject to any cost-sharing by and among any of <br /> the Developers or the Districts, for the permitting, designing, and <br /> constructing all portions of the Wastewater Collection System that are not <br /> located within the respective Developer's Tract or respective District or the <br /> Plant Site to connect the Developer's Tract or the District to the Main Lift <br /> Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R <br /> Page 9 of 47 <br />