Res 2003-137 - Laserfiche WebLink

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associated with these acquisitions, including appraisal and expert witness fees and attorney's fees. 9. Reimbursement of Cost of Post Road Project. Agua Tierra may request that the City charge a higher level of impact fees than the amount stated in Paragraph 13 below for each user connected to the Post Road Project after the completion thereof. The request will be in writing, accompanied by a summary statement of the total cost of the Post Road Project, including engineering costs, construction costs, easement costs, and an administrative fee of not more than 15% of the construction costs. The request will compute the cost per water service unit (the "Impact Fee Increment"), using the City's water impact fee service unit calculations formula in effect as of September 30, 2002, for reimbursing the total cost of the Post Road Project, based on the total number of water service units reserved for the Bennett property and the Blanco property in the Post Road Project as stated in Paragraph 7. The City may request additional information to verify the costs. The City Council of the City will consider the request, and if the sum of the Impact Fee Increment and the impact fee amount stated in Paragraph 13 does not exceed the amount the City otherwise charges per water service unit under the City's water system impact fee ordinance, the City Council will set the amount of the water system impact fee at the sum of the Impact Fee Increment and the amount stated in Paragraph 13 for each water connection made to the City's water system within the area served by the Post Road Project as described on Exhibit B attached hereto (the "Post Road Service Area"). The City agrees to thereafter pay to Agua Tierra the Impact Fee Increment out of each impact fee payment collected by the City for a water connection made to the City's water system on any property in the Post Road Service Area for a period of ten years ftom the date of completion of the Post Road Project, or until Agua Tierra has recovered the total cost of the Post Road Project, whichever comes first. The City will make these payments to Agua Tierra within 30 days of the receipt of each impact fee payment. 10. Connection Fee. The City may establish and collect an assessment or fee, separate from a water impact fee, for connections to the Post Road Project. The City agrees not to charge this assessment or fee to Agua Tierra or the subsequent owner(s) of all or any part of the Bennett property to the extent that Agua Tierra or such owner is requesting water service within the Bennett Property Reserved Capacity under Paragraph 7 above. The owner(s) of all or any part of the Blanco property shall pay the impact fee in effect at the time it requests connection to the Post Road Project. 11. Petition for Annexation. The execution of this Agreement by Agua Tierra constitutes a petition by Agua Tierra for annexation by the City of the Bennett property as depicted on the map attached as Exhibit A to the Wastewater Agreement. Agua Tierra agrees to provide to the City, by October 31, 2003, a metes and bounds description prepared at Agua Tierra's expense by a registered surveyor for the Bennett property and the intervening railroad and county road right-of-way that is contiguous to the current city limits of the City. 12. Contingencies. A. It is expressly understood and agreed that the Parties' respective rights, duties and obligations under this Agreement are expressly made subject to, and conditioned upon, Agua Tierra's acquisition of the Bennett property. Agua Tierra shall deliver written notice to the City of Agua Tierra's acquisition of the Bennett property promptly after the completion of the closing of its 5