Res 2012-046 - Laserfiche WebLink

Home Browse Search

12015202 OPR 435E 455 structures on the Property. Alternative designs for accessory structures may utilize different styles and materials than the primary structure upon review and approval by the Director of Development Services, appealable to the Planning and Zoning Commission. 6. Alternative design standards may be utilized upon review and approval by the Director of Development Services at the time of site planning. Any decision of the Director of Development Services may be appealed to the Planning and Zoning Commission. 2.10 Wastewater Lift Station A. The development of the 45 acre residential tract and the 6.5 and 3.4 acre commercial tracts on the west side of Wonder World Drive requires the construction of a lift station and associated infrastructure to provide wastewater service to these tracts. C &G shall construct these improvements in accordance with plans and specifications acceptable to the City. The City hereby agrees to participate in the cost of construction of a public lift station to be built by C &G on the west side of Wonder World Drive for an amount not to exceed the lesser of 30 percent of the contract price, or $113,000, in accordance with the construction cost estimate attached hereto as Exhibit "C." The construction cost estimate attached in Exhibit "C" may be adjusted, subject to the City's review and approval of the adjusted cost estimate, at the time of detailed engineering, design and permitting of the proposed lift station provided, however, that the City's participation amount will continue to be the lesser of 30 percent of the total construction contract price or $113,000.00. The City's participation in the cost of improvements under this paragraph shall be subject to the requirements of Subchapter C, Chapter 212 of the Texas Local Government Code. The City will not be required to make payment for its cost participation amount until the improvements under this section have been completed by C &G and accepted by the City. B. This lift station is intended to provide service to the tracts identified herein as well as service for the City's proposed nature center, if constructed. In the event that additional improvements are required as part of the construction of the lift station, such as oversizing of the wet well or pumps, these costs shall be the responsibility of the City or the developer of property requiring said additional improvements. SECTION 3: MISCELLANEOUS PROVISIONS 3.01 Term A. The Initial term of this Agreement will commence on the Effective Date and continue for 15 years thereafter. After the Initial Term, the Agreement may be extended for successive period (any such extension not to exceed 15 years) as to all or any portion of the Property by the mutual written agreement of the City and C &G. The total duration of the Agreement, including the Initial Term and all extensions, shall not exceed 30 years (the Complete Term). B. After the Complete Term, this Agreement will be of no further force and effect, except that termination will not affect any right or obligation arising from development approvals previously granted, or any entitlement relating to development of the Property assigned under Chapter 245, Texas Local Government Code. C. This Agreement may be terminated or amended as to all or any portion of the Property at any time by mutual written agreement between the City and C &G. 7