Res 2002-216 - Laserfiche WebLink

Home Browse Search

Project Manager will provide a copy of this calculation to the remaining Parties; and 2. 75% of the estimated Project costs attributable to the Party as described in the attached Exhibit C, within 10 days of the date the Project Manager notifies the Parties that the construction contract for the Project is ready for execution. The Project Manager will ensure that all funds escrowed by the Parties are deposited in accounts that are fully federally insured. B. The Patties agree that the Project Manager may make payments from the Escrow Account in the respective percentages shown on the attached Exhibit C, for each invoice of the Project Manager, Engineer or Contractor, or for each cost of easement acquisition under Paragraph 10 below, that is approved by the Project Manager and the City, within 15 days of the date of each invoice. If any funds remain in the Escrow Account after payment of all costs of the Project, the Project Manager will refund these amounts to the Parties, other than the City, on a prorata basis within 15 days of the final payment of Project costs. If the Project costs attributable to the Parties exceed the amount in the Escrow Account, the Parties agree to make payments to the Project Manager in the Parties' respective percentages shown on the attached Exhibit C, for each invoice ofthe Project M,mager, Engineer or Contractor, or for each cost of easement acquisition under Paragraph 9 below, that is approved by the Project Manager and the City, within 15 days of the date of each invoice. C. The City agrees to make payments to the Project Manager in the City's respective percentage shown on the attached Exhibit C, for each invoice of the Project Manager, Engineer or Contractor, or for each cost of easement acquisition under Paragraph 9 below, that is approved by the Project Manager and the City, within 15 days of the date of each invoice. 8. Reservation of Wastewater Capacity. The City agrees to reserve, for a period often years after substantial completion of the Facilities (the "Reservation Period"), the following capacity (the "Reserved Capacity") for each of the Parties in the 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 The Reserved Capacity for each Party in this table is preliminary in nature. The Parties agree to make any final adjustments to their respective Reserved Capacities by written notice to the Engineer and the other Parties no later thm1 January 15,2003. The Engineer will modify the table and the attached Exhibit C with respect to the cost-sharing percentages of the Parties, and provide a copy of the modified table and Exhibit C to all ofthe Parties. The 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 Facilities, and the resulting Reserved Capacity will be deemed the "Adjusted Reserved Capacity" for that Party. I'he City agrees to honor requests by a Party to connect to the Facilities to the extent of the Party's Adjusted Reserve Capacity. In order to protect the right of each Party to its Reserved Capacity in the Facilities, the City agrees to verify that sufficient Adjusted Reserve Capacity for the City remains in the Facilities to serve a request to connect to the Facilities by a non-party to this Agreement, or by a Party to the extent the request exceeds the Party's Adjusted Reserved Capacity, before approving the request. To 4