Res 2003-137 - Laserfiche WebLink

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workmanlike manner and in accordance with the plans and specifications for the facilities prepared by the Post Road Project Engineer. F. Agua Tierra will require the contractor to complete the construction of the Post Road Project no later than July 31,2007. 5. Project Costs. A. Agua Tierra will be responsible for the costs of the Post Road Project, including engineering costs, construction costs, easement costs, and administrative costs (subject to payment by the City of oversizing costs under Paragraph 5.B, and subject to reimbursement by the City from impact fees under Paragraph 9), and Agua Tierra will not request nor require the issuance of bonds or any other form of public indebtedness in financing the Post Road Project. B. If the City requests oversizing of the Post Road Project under Paragraph 2, the City will pay to Agua Tierra the increase in the cost of the Post Road Project asso.ciated with the oversizing, consisting of the increase in the construction cost and any additional engineering fees directly associated with the oversizing. The City will make this payment to Agua Tierra after the final completion of the Post Road Project, within 30 days after the Post Road Project Engineer has submitted to the City an itemization of the increase in costs due to the oversizing. 6. City Inspections and Acceptance. The City agrees, at no cost to Agua Tierra, to: A. Inspect the construction ofthe Post Road Project as construction progresses; B. Inspect the Post Road Project promptly upon completion of construction; and C. Issue a certificate of acceptance of the Post Road Project to Agua Tierra after 1) all required inspections are passed, 2) Agua Tierra submits a one-year warranty against defects in materials and workmanship in the Post Road Project executed by the contractor, and 3) the Post Road Project Engineer submits complete as-built drawings for the Post Road Project to the City. 7. Reservation of Water Capacity. A. The City agrees to reserve, for a period of ten years after substantial completion of the Post Road Project (the "Reservation Period"), subject to the provisions of Paragraph 7.C below, 848 water service units (SU) (as determined by using the City's water impact fee service unit calculations formula in effect as of September 30, 2002) of capacity in the Post Road Project for use onthe Bennett property (the "Bennett Property Reserved Capacity") and 832 water service units (SU) (as determined by using the City's water impact fee service unit calculations formula in effect as of September 30, 2002) of capacity in the Post Road Project for use on the property designated as the Blanco property in the Wastewater Agreement (the "Blanco Property Reserved Capacity"). The Bennett Property Reserved Capacity and the Blanco Property Reserved Capacity are sometimes jointly referred to, for convenience, as the "Reserved Capacity." The Reserved Capacity will be reduced for each City water impact fee service unit issued with respect to the Bennett property or the Blanco property by the City for use of the Post Road Project (but not with respect to water service units from any other facilities or project), and the resulting Reserved Capacity will be deemed the "Adjusted Reserved Capacity." 3