Res 2002-153 - Laserfiche WebLink

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The point of delivery shall be a Ground Storage Tank (the "GST") constructed by Kyle at a point approximately 1,000 feet east of the intersection of Interstate Highway 35 and Yarrington Road (the "Point of Delivery"). The water will be delivered at a rate sufficient to provide approximately 700 gallons per minute through an eight-inch (8") or larger meter. Water deliveries above the specified rate may be allowed up to the available pumping and pipeline capacity if not detrimental to service pressures or flows in the San Marcos system and if the water supply (treated surface or groundwater) is available to Kyle by contract and/or permit. B. San Marcos and Kyle may designate substitute or additional points of delivery by mutual agreement of the City Managers of the parties. The points of delivery designated in this manner, or otherwise identified in this Agreement are collectively referred to as the "Points of Delivery". Section 2. Water Transmission Line. A. Subject to the terms and conditions of this Section and Section 6 of this Agreement, Kyle will design, construct and install a twelve inch (12") water transmission line (the "WT Line") from a point of connection with the San Marcos water system at the intersection of Interstate Highway 35 and Technology Way to the intersection of Interstate Highway 35 and Yarrington Road, a distance of approximately 4,500 feet, thence from the intersection of Interstate Highway 35 and Yarrington Road along the south side of Yarrington Road to the Point of Delivery. The two segments of the WT Line will be located within the right-of-way of Interstate Highway 35, and the right-of-way of Yarrington Road, respectively. B. Upon completion of construction of the WT Line by Kyle and acceptance of the WT line by San Marcos, the WT Line will be and become the property of San Marcos and a part of the San Marcos water system, subject to the right of Kyle to have the use and benefit of water transmission capacity in the WT Line that is equal to the capacity of an eight inch (8") water line with water pressure of not less than 55 psi (the "Kyle Capacity"), and subject to the obligation of San Marcos to use the Kyle Capacity for the transmission of potable drinking water to Kyle at the Point of Delivery. San Marcos shall operate and maintain the WT Line after acceptance of the WT Line as built. C. Kyle and San Marcos shall each participate in the cost and expense of designing, constructing and installing the WT Line. Kyle shall obtain bids for both an eight-inch (8") water line and a twelve-inch (12") water line. San Marcos shall fund and pay to Kyle the cost difference between the bid for a 12" water line and the bid for the 8" water line. Such payment shall be made by San Marcos in monthly increments as and when Kyle makes progress payments on the contract for construction of the WT Line. The San Marcos progress payments to Kyle shall be a percentage of each progress payment that is equal to the percentage of the total cost of constructing and installing the WT Line that is to be paid by San Marcos. D. In addition to the WT Line and the GST, Kyle shall construct and install a twelve-inch (12") water line (the "Kyle WTL") on the north side of Yarrington Road, from the Point of Delivery at the GST to a point of connection with the Kyle water system at the intersection of Interstate Highway 35 and Yarrington Road. Kyle shall fund and pay all costs and expenses for designing, C:IMy DocumentslAGRsmwa.doc Page 2