Res 2003-016 - Laserfiche WebLink

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Interstate 75 Sun 21'/ 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 than April Janua~ 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 of the 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. The 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 the extent that any such request exceeds the City's Adjusted 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. 5. The map depicting the property ownership of each of the Parties, attached to the Agreement as Exhibit A, is superseded and replaced by the map attached to this amendment as Exhibit A. The map depicting the physical layout of the Facilities and the areas for dedication of easements by the Parties, attached to the Agreement as Exhibit B, is superseded and replaced by the map attached to this amendment as Exhibit B. The table stating the estimated shares of the cost of the Project to be borne by each of the Parties, attached to the Agreement as Exhibit C, is superseded and replaced by the table attached to this amendment as Exhibit C. 6. Paragraph 18 is amended to change the notice address and fax number for Bennett, and to add the following notice addresses and fax numbers for Interstate and Sun: To Bennett: Mike Smith/Tim Bennett Bennett Realty Group 24012 Calle de la Plata, Suite 405 Laguna Hills, CA 92653 Fax: 949/380-0591 To Interstate 35 J.V.: Rocky Romano Fax: 830/248-1249 To Sun Communities: Chuck Meehan Cedar Creek Development, LLC 25800 Northwestern Highway # 750 Southfield, MI 48075 Fax: 248/262-1814 3