Res 2003-167 - Laserfiche WebLink

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period of ten years after substantial completion of the Phase 1 Facilities (the "Phase 1 Reservation Period"), the following capacity (the "Phase 1 Reserved Capacity") for each of the Parties in the Phase 1 Facilities for use by the Parties on their respective properties, in the City's wastewater service units (SU) determined by using the City's wastewater impact fee service unit calculations formula in effect as of September 30, 2002: Party Reserved Capacity (SU) Bennett 1,100 Perry 1,200 Nash 35 Blanco 1,080 Interstate 75 Sun 217 (in addition to the 306 SUs in use) The Phase 1 Reserved Capacity for each Party in this table is preliminary in nature. The Parties agree to make any final adjustments to their respective Phase 1 Reserved Capacities by written notice to the Phase 1 Engineer and the other Parties no later than October 10, 2003. The Phase 1 Engineer will modify the table and the attached Exhibit C-l with respect to the cost-sharing percentages of the Parties, and provide a copy of the modified table and Exhibit C-l to all of the Parties. The Phase 1 Reserved Capacity for each Party will be reduced for each City wastewater impact fee service unit issued by the City to that Party for use of the Phase 1 Facilities, and the resulting Phase 1 Reserved Capacity will be deemed the "Adjusted Phase 1 Reserved Capacity" for that Party. The City agrees to honor requests by a Party to connect to the Phase 1 Facilities to the extent of the Party's Adjusted Phase 1 Reserve Capacity. In order to protect the right of each Party to its Phase 1 Reserved Capacity in the Facilities, the City agrees to verify that sufficient Adjusted Phase 1 Reserve Capacity for the City remains in the Phase 1 Facilities to serve a request to connect to the Phase 1 Facilities by a non-party to this Agreement, or by a Party to the extent the request exceeds the Party's Adjusted Phase 1 Reserved Capacity, before approving the request. To the extent that any such request exceeds the City's Adjusted Phase 1 Reserve Capacity, the City agrees to deny the request. The City may provide alternative means for wastewater service for persons whose wastewater service requests are denied under this paragraph. 1.8. Contingency for Development Approvals - Phase 1 Project. A. The tract of property owned by each of the Parties and intended to be served by the Phase 1 Facilities is vacant and undeveloped, and is subject to subdivision platting and zoning approvals (as to tracts in the city limits) by the City that will affect the use of the property and the need for utility facilities. The Parties each agree to file all required applications for such approvals, and to pursue the approval of the applications with their best efforts. The City agrees to process these applications in accordance with applicable laws and ordinances and to render decisions on the applications in a timely manner. In the event that a platting or zoning approval requested by a Party is fmally denied or is not approved by the City prior to completion ofthe Phase 1 Project, that Party may exercise one of the following options: 1. If the Phase 1 Project Manager has not yet executed the construction contract for the Phase 1 Project, the Party may withdraw from this Agreement by giving notice to the other Parties. The withdrawal will take effect ten days after the date the Party delivers the notices to the other Parties. Upon any such withdrawal, A) all of the Parties will be responsible for payment of their 5