Res 2003-096 - Laserfiche WebLink

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DRAFT 6~4-03 defects in materials and workmanship in the IH-35 Facilities, executed by Bennett and/or Blanco, and 3) the IH-35 Facilities Engineer submits complete as-built drawings for the IH-35 Facilities to the City. 1.5 Reservation of Water Capacity. The City agrees to reserve, for a period of ten years after substantial completion of the IH-35 Facilities (the "Phase 1 Reservation Period"), the following capacity (the "Phase 1 Reserved Capacity") for each of the Parties in the IH-35 Facilities for use by the Parties on their respective properties, in the City's water service units (SU) determined by using the City's water impact fee service unit calculations formula in effect as of September 30, 2002: Party Bennett Blanco Phase 1 Reserved Capacity (SU) 252 248 The Phase 1 Reserved Capacity for each Party will be reduced for each City water impact fee service unit issued by the City to that Party for use of the IH-35 Facilities, and the resulting Phase 1 Reserved Capacity will be deemed the "Phase I Adjusted Reserved Capacity" for that Party. The City agrees to honor requests by a Party to connect to the IH-35 Facilities to the extent of the Party's Phase 1 Adjusted Reserve Capacity. In order to protect the right of each Party to its Phase 1 Reserved Capacity in the IH- 35 Facilities, the City agrees to honor requests for connections to the IH-35 Facilities by the Parties only to the extent of their respective Phase 1 Adjusted Reserve Capacity, and the City agrees to deny requests to connect to the IH-35 Facilities submitted a) by Bennett or Blanco in excess of their respective Adjusted Reserved Capacity, or b) by others. The City may provide alternative means for water service for persons whose water service requests are denied under this paragraph. .1.6 Easements. Bennett and Blanco agree to acquire and dedicate to the City all easements needed for the IH-35 Facilities, in the locations shown generally on the map attached as Exhibit B-l, at no cost to the City. The cost of all licenses and permits needed from the railroad company for the crossing underneath the railroad tracks will be borne equally by Bennett and Blanco. The Parties anticipate that some of the needed easements will be obtained under the terms of the Wastewater Agreement. 2. Phase 2 - Post Road Facilities 2. I Engagement of Engineer. Bennett agrees to contract for and pay for all engineering services needed for construction of the Post Road Facilities (Phase 2 of the Project), including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases for this phase of the Project. The engineer engaged by Bennett (the "Post Road Facilities Engineer") must be a professional engineer registered in the State of Texas. 2.20versizing. The City reserves the right to direct that the Post Road Facilities be oversized with respect to the water line size needed to meet City standards for providing water service to the property of Bennett and Blanco. The oversizing, if requested, will be for the purpose of facilitating the City's installation of water storage improvements to serve the City's water system in the area of the Facilities, and not for the pm-pose of providing additional capacity in the Post Road Facilities. tfthe City provides a wa'itten request to Bermett that such oversizing be performed, Bennett will direct the Post Road Facilities Engineer to prepare a preliminary cost estimate for the oversizing for City approval. If the City