Res 2003-137 - Laserfiche WebLink

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B. The City agrees to honor requests by the owners of the Bennett property or Blanco property to connect to the Post Road Project to the extent of their respective portions of the Adjusted Reserved Capacity. In order to protect the right of Agua Tierra and the subsequent owner(s) of the Bennett property and the owner(s) of the Blanco property to their respective portions ofthe Reserved Capacity in the Post Road Project, the City agrees to verify that sufficient capacity remains in the Post Road Project, after deducting the total Reserved Capacity for the Bennett property and the Blanco property, to serve a request to connect to the Post Road Project by the owner of any other property, or by the owners of the Bennett property or the Blanco property to the extent the request exceeds the property's respective portion of the Adjusted Reserved Capacity, before approving the request. Except as provided below, to the extent that any such request exceeds the remaining capacity in the Post Road Project, the City agrees to deny the request. The City may provide alternative means for water service for persons whose water service requests are denied under this paragraph, in any manner that does not reduce the amount of the Adjusted Reserve Capacity for either the Bennett property or the Blanco property. C. If the owners of the Bennett property have not delivered the Notice of Agreement to Share Costs (as defined below) to the City on or prior to the later of June 30, 2006, or six (6) months after substantial completion of the Post Road Project, , and all of the capacity in the Post Road Project in excess of the Reserved Capacity has been used or committed for service to the owners of property who have paid impact fees to the City, then if the owner of any property thereafter requests connection to the Post Road Project, the City shall be entitled to approve the other property owner's request for connection to the Post Road Project upon payment of the then current impact fee and reduce the Blanco Property Reserved Capacity by a corresponding amount. If the owners of the Bennett property have delivered the Notice of the Agreement to Share Costs to the City on or prior to the later of June 30, 2006, or six (6) months after substantial completion ofthe Post Road Project, then the preceding sentence in this Paragraph 7.C shall have no force or effect and the reservation of capacity for the Blanco property shall be as set forth in Paragraphs 7.A and 7.B. For purposes of this Paragraph 7.C a "Notice of Agreement to Share Costs" is defined as a written notice executed by the owners of the Bennett Property informing the City that the owners ofthe Blanco property have paid to AguaTierra the Blanco property prorata share of the total costs of the Post Road Project in accordance with Paragraph 18, or that the owners of the Blanco property have otherwise reached agreement to the satisfaction of AguaTierra and the Parties have agreed with respect to any allocation of any future Impact Fee Increments otherwise due to the owners of the Bennett property. 8. Easements. A. Agua Tierra agrees to acquire, at its sole cost and expense, and dedicate to the City, all easements needed for the Post Road Facilities in the locations shown generally on the map attached as Exhibit A. The City agrees, at the request of Agua Tierra, to assist in the acquisition of such easements, but the City shall have no obligation to participate in the cost to obtain such easements. The cost, if any, for the easements will be treated as a project cost for the Post Road Facilities. The cost of any licenses or permits needed from the railroad company will be treated as a project cost for the IH-35 Facilities Facilities. B. At the written request of Agua Tierra, the City will exercise its eminent domain authority to acquire easements needed for the Post Road Facilities. Agua Tierra will pay for all costs 4