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Res 2003-092
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Res 2003-092
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Last modified
11/6/2003 4:06:39 PM
Creation date
10/10/2003 10:34:13 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-92
Date
5/28/2003
Volume Book
152
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E. The Developer will actively work with higher education officials for the donation of a <br />site on the Property for a satellite higher education campus. <br /> <br />3. Agreements by the City. The City agrees as follows: <br /> <br />A. City Inspections and Acceptance. The City will: <br /> <br />1. Inspect the construction of the Off-Site hnprovements as construction progresses; <br />2. Inspect the Off-Site Improvements upon completion of construction; and <br />3. Issue a certificate of acceptance of the Off-Site Improvements to the Developer when <br />a) all required inspections are passed, b) the Developer submits a one-year warranty <br />against defects in materials and workmanship in the Off-Site Improvements, and 3) the <br />Developer's engineer submits complete as-built draxvings for the Off-Site Improvements <br />to the City. <br /> <br /> B. The City will reimburse to the Developer 25% of the cost of the Off-Site <br />Improvements (not to exceed the sum of $180,213 for the water line and $174,404 for the <br />wastewater line), at the size needed to serve the Project upon buildout, as verified by the City <br />Director of Enviro~m~ent and Engineering. The Developer will invoice the City for this amount <br />upon completion of the Off-Site Improvements and acceptance by the City, and the City will pay <br />this amount to the Developer in a lump sum within 30 days of the receipt of the invoice. <br /> <br /> C. The City will reimburse the Developer 100% of the cost of oversizing the Off-Site <br />Improvements (not to exceed the stun of $71,777 for the water line and $78,791 for the <br />wastewater line), determined as the difference in the cost of the improvements between the size <br />needed to serve the Project upon buildout and the size requested by the City, as verified by the <br />City Director of Environment and Engineering. The Developer will invoice the City for this <br />amount upon completion of the Off-Site Improvements and acceptance by the City, and the City <br />xvill pay this amount to the Developer in a lump sum within 30 days of the receipt of the invoice. <br /> <br /> D. The City will reserve, for a period of ten years after substantial completion of the Off- <br />Site Improvements (the "Reservation Period"), 2,618 service units of water line capacity and <br />2,786 service units ofwastewater line capacity (the "Developer's Reserved Capacity") in the Oft'- <br />Site Improvements for use by the Developer or its assigns on the Property. The Developer's <br />Reserved Capacity will be in service units (SU) determined by using the City's wastewater <br />impact fee service unit calculations formula in effect as of September 30, 2002. The Developer's <br />Reserved Capacity will be reduced for each impact fee service unit issued by the City to the <br />Developer or its assigns for use of the Off-Site Improvements, and the resulting Reserved <br />Capacity will be deemed the "Developer's Adjusted Reserved Capacity". The City agrees to <br />honor requests by the Developer or its assigns to connect to the Off-Site Improvements to the <br />extent of the Developer's Adjusted Reserve Capacity. The City, prior to issuing each impact fee <br />service unit to any person other than the Developer or its assigns for use of the Off-Site <br />Improvements, will review whether there is sufficient capacity in the Off-Site Improvements <br />(i.e., line capacity minus existing connections and minus the Developer's Adjusted Reserved <br />Capacity) to allow for issuaoce of the service unit xvhile protecting the right of the Developer to <br /> <br /> <br />
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