Res 2011-160 - Postponed indefinitely

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2.2 Coordination Between Parties. The authorized representatives of the Parties shall coordinate to identify necessary tasks associated with and to establish a schedule for the completion of each Party's obligations under this Agreement. If the Parties are unable to mutually agree on such a schedule of tasks and timelines within 30 days after the Effective Date of this Agreement, or if a Party does not perform an obligation according to such schedule of tasks and timelines, then, at the election of either Party in writing, this Agreement may be terminated as set forth in paragraph 3.3 below. 2.3 Identification of New Area. The Parties, through their authorized representatives, will coordinate to identify a suitable area of land for relocation of the City's existing 12 inch waterline from the Peachtree Street ROW and for the construction of a section of the New Water Main (the "New Area'). If the authorized representatives of the Parties agree on the location of the New Area, Developer shall obtain and provide to the City a survey of and current title commitment for the New Area. The City shall have no obligation to agree to any areas proposed by Developer and the City shall determine the suitability of any proposed areas in its sole discretion. 2.4 Designs and Cost Estimates. Based upon the location and features of the New Area, the authorized representatives of the Parties will coordinate to approve a preliminary design and cost estimate for relocation of the 12 inch waterline and the New Water Main. 2.5 Surveys and Appraisals for Street Abandonments. If the authorized representatives of the Parties agree on the location of the New Area, Developer shall also obtain and provide to the City appraisals, if requested, and surveys of the areas of the ROW Abandonments. 2.6 Engineering Standards. It is understood that the City, in its sole discretion will determine what engineering and design standards and elements affecting the cost estimates must be met with regard to all public improvements to be constructed and dedicated to the City under this Agreement. 2.7 Requests for Approval of Street Abandonments. If the authorized representatives of the Parties reach mutual agreement regarding the location of the New Area and all designs and costs for the new 12 inch water line and the New Water Main, the City's authorized representative will place a request before the San Marcos City Council to consider approval of the ROW Abandonments. It is understood, that the City Council shall have no obligation to approve any ordinance(s) or grant any other approvals with respect to the ROW Abandonments or any other matter over which it retains legislative discretion. If the City Council votes to approve the ROW Abandonments, such approval(s) will be subject to all of the following: a. all requirements of applicable laws and City of San Marcos ordinances; b. the reservation of a public utility easement in the Peachtree Street ROW for the City's continued operation and maintenance of the existing 12 inch water line until such time as the replacement section for the 12 inch water line is completed by Developer and accepted by the City;