Res 2002-216 - Laserfiche WebLink

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14. Contingency for Development Approvals. A. The tract of property owned by each of the Parties and intended to be served by the Facilities is vacant and undeveloped, and is subject to subdivision platting and zoning approvals 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 finally denied by the City prior to completion of the Project, that Party may exercise one of the following options: 1. If the Project Manager has not yet executed the construction contract for the Project, the Party may withdraw from this Agreement by giving notice to the other Patiies. The withdrawal will take effect ten days after the date the Party delivers the notices to the other Parties. Upon any such withdrawal, all of the Parties will be responsible for payment of their respective percentages of Project costs to the date of withdrawal. The Project Manager will refund any escrowed funds of a withdrawing Party in excess of the Party's respective share of expenses, within 30 days of the date of withdrawal. The Engineer will calculate an a(~justment to the cost sharing percentages in the attached Exhibit C to reflect the Party's withdrawal with respect to remaining Project costs, and the Project Manager will provide a copy of this calculation to the remaining Parties. 2. If the Project Manager has executed the construction contract for the Project, the Party may offer to assign its interest in this Agreement to the other Parties, or to other owners of land that may be served by the Facilities. The remaining Parties agree to honor any such assignment, subject to the terms of this Agreement and the assignee's compliance with the obligations of the assignor in this Agreement. B. If the withdrawal by one or more of the Parties causes the City's adjusted share of the total Project costs to exceed $732,640.18, the City reserves the right to direct the Engineer, through the Project Manager, to reduce the scope of the Project, as long as the capacity in the Facilities remains sufficient to cover the reservations identified for the other Parties. If the City elects to reduce the Project scope, the City will notify the Project Manager in writing, and the 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 in the attached Exhibit C to ref1ect the reduction in scope. 15. Applicable Laws; Impact Fees. A. This Agreement and the provision of wastewater service through the Facilities are subject to all valid and applicable ordinances, fees (including City wastewater impact fees as specified in paragraph 15.B), rules, regulations, and laws of all governmental agencies having lawful jurisdiction over them. B. The City agrees that wastewater impact fees charged to each of the Parties for their respective Reserved Capacities under Paragraph 8 during the Reservation Period above will, at the option of each such Party, be calculated at the City's prior wastewater impact fee amount of $527.00 per service unit, using the City's wastewater impact fee service unit calculations formula in effect as of September 30, 2002. 16. Entire Agreement; Assignment. This Agreement constitutes the entire agreement between the parties hereto and may be amended only by a written document signed by the Parties. This Agreement 6