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Res 2011-046
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Res 2011-046
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Last modified
1/23/2015 8:14:35 AM
Creation date
5/11/2011 1:28:42 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-46
Date
5/3/2011
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b) The City agrees to: <br />1. If no wastewater easement is av; <br />described above to the CRC Si <br />acquire any off -site easements at <br />temporary working space, required <br />pipeline described above prior to tI <br />site work anticipated to begin, in Jul <br />understood and agreed that the <br />whether for any easement acqui <br />agreement will be credited toward <br />Texas State in subsection (b) 2 bel <br />minimum of 14 days prior to the c <br />work; <br />2. Reimburse Texas State in an amount <br />actual expenditures attributable to th <br />ble to extend the wastewater line <br />make every reasonable effort to <br />ast 30 feet in width, together with <br />the construction of the wastewater <br />,ommencement of the CRC project <br />?011 (the "Off -Site Easement"). It is <br />ff -Site Easement acquisition cost <br />before or after the date of this <br />e City's reimbursement payable to <br />Texas State shall notify the City a <br />nencement of the CRC project site <br />not to exceed $500,000.00 for the <br />e installation of the subject water <br />and wastewater facilities, including, but not limited to, construction, <br />engineering and project management fees, as follows: <br />i) At such time as Texas State determines the actual costs <br />attributable to construction of the subject water and wastewater <br />facilities, it shall apply to the EDA for payment of EDA grant <br />funds eligible to be applied toward such costs; <br />ii) Upon a determination by the EDA of the amount of EDA grant <br />funds to be applied toward such costs, Texas State will submit <br />an itemized invoice with each cost component certified by its' <br />professional engineer and the amount of EDA grant funds <br />applied to the costs to the City in the amount of the actual <br />expenditures, less the amount of the EDA grant funds received <br />or to be received. Within -J0 days after receiving the invoice from <br />Texas State, the City shall pay Texas State the applicable <br />amount due as described in this paragraph. The City shall add <br />the amount of the invoice to the amount of its costs to acquire <br />the Off -Site Easement (the "Gross Amount "). If the Gross <br />Amount is less than $500,000.00, the City shall pay the full <br />amount of the invoice. For example, if the invoice amount is <br />$300,000.00 and the Off -Site Easement cost is $50,000.00, for a <br />total of $350,000.00, then the amount payable by the City would <br />be $300,000.00. If the Gross Amount is greater than <br />$500,000.00, the City shall pay an amount equal to $500,000.00 <br />less its Off -Site Easement acquisition costs. For example, if the <br />invoice amount is $450,000 and the Off -Site Easement cost is <br />$75,000.00; for a total of $525,000=—,then the amount-payable <br />by the City would be $425,000.00. <br />iii) The payment from the City shall be accompanied by an itemized <br />statement showing each cost component associated with the <br />acquisition of the Off -Site Easement. <br />3. During construction, timely inspect the water and wastewater facilities for <br />compliance with the City's specifications, and upon completion of <br />construction, accept the subject water and wastewater facilities installed <br />3 1 P a g e <br />
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