Res 2003-167 - Laserfiche WebLink

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1. If the Phase 2 Project Manager has not yet executed the construction contract for the Phase 2 Project, the Phase 2 Party may withdraw from this Agreement by giving notice to the other Phase 2 Parties. The withdrawal will take effect ten days after the date the Phase 2 Party delivers the notices to the other Phase 2 Parties. Upon any such withdrawal, Bennett and Blanco will be responsible for payment of their respective percentages of Phase 2 Project costs to the date of withdrawal. The Phase 2 Project Manager will refund any escrowed funds of a withdrawing Phase 2 Party in excess of the Phase 2 Party's respective share of expenses, within 30 days of the date of withdrawal. Upon such withdrawal, the withdrawing Phase 2 Party shall have no further rights and no further Reserved Capacity in the Phase 2 Project under this Agreement. If either Bennett or Blanco so withdraws, the City will assume the withdrawing Phase 2 Party's share of the Phase 2 Project costs, and this Agreement shall continue as to the Phase 2 Project. The City's payment of these costs will be made as the work on the Phase 2 Project progresses. If Bennett so withdraws from this Agreement, Blanco shall assume the role, authority and obligations of the Phase 2 Project Manager, and Bennett shall, upon written request from Blanco, immediately forward all contracts, invoices, accounting records and other records related to the Phase 2 Project Manager's role to Blanco. If both Bennett and Blanco so withdraw, this Agreement shall terminate as to the Phase 2 Project. 2. Ifthe Phase 2 Project Manager has executed the construction contract for the Phase 2 Project, the Phase 2 Party may offer to assign its interest in this Agreement to the other Phase 2 Parties, or to other owners of land that may be served by the Phase 1 Facilities. The remaining Phase 2 Parties agree to honor any such assignment, subject to the terms ofthis Agreement and the assignee's compliance with the obligations ofthe assignor in this Agreement. B. If the withdrawal by one of the Phase 2 Parties results in the City's share ofthe total Phase 2 Project costs exceeding $91,500, the City reserves the right to direct the Phase 2 Engineer, through the Phase 2 Project Manager, to reduce the scope of the Phase 2 Project, as long as the capacity in the Phase 2 Facilities remains sufficient to cover the reservations identified for the non-withdrawing Phase 2 Party. Ifthe City elects to reduce the Phase 2 Project scope, the City will notify the Phase 2 Project Manager and any other Phase 2 Party in writing, and the Phase 2 Engineer will perform all design services necessitated by the reduction (to be paid for at the sole cost of the City), and will calculate an adjustment to the cost sharing percentages stated in paragraph 2.6 to reflect the reduction in scope. 3. Connection Fee. The City may establish and collect an assessment or fee, separate from a wastewater impact fee, for connections to the Phase 1 Facilities or the Phase 2 Facilities, to recover oversizing and related costs. The City agrees not to charge this assessment or fee to a Party to the extent that the Party is requesting wastewater service within the Party's Reserved Capacity in the respective facilities under Paragraph 1.7 or 2.7 above. 4. Availability of Capacity. The availability of the full capacity of the Phase 1 Facilities and the Phase 2 Facilities is contingent on the completion of the City's IH-35 - Fairlawn Wastewater Improvements Project (the "Fairlawn Project"). The completion of the Fairlawn Project is anticipated to coincide with the completion ofthe Phase 1 Project and, in any event, tlle City agrees to ensure that such completion is achieved no later than October 31, 2004. In the event, however, that the Fairlawn Project is not complete at the time a Party wishes to initiate service through the completed Phase 1 Facilities, that Party may submit a written request to the City to make interim improvements needed to provide capacity for that Party. The City will use its best efforts to make the interim improvements to 11