Res 2003-096 - Laserfiche WebLink

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DRAFT 6-4-03 increase in the construction cost and any additional engineering fees directly associated with the oversizing. The City will make this payment to Bem~ett after the final completion of the Post Road Facilities, within 30 days after the Post Road Facilities Engineer has submitted to the City an itemization of the increase in costs due to the oversizing. 2.5 City Inspections and Acceptance. The City agrees, at no cost to the other Parties, to: A. Inspect the construction of the Post Road Facilities as construction progresses; B. Inspect the Post Road Facilities upon completion of construction; and C. Issue a certificate of acceptance of the Post Road Facilities to Bennett when i) all required inspections are passed, 2) Bennett submits a one-year warranty against defects in materials and workmanship in the Post Road Facilities, executed by Bennett, and 3) the Post Road Facilities Engineer submits complete as-built drawings for the Post Road Facilities to the City. 2.6 Reservation of Water Capacity. The City agrees to reserve, for a period of ten years after substantial completion of the Post Road Facilities (the "Phase 2 Reservation Period"), the following capacity (the "Phase 2 Reserved Capacity") for each of the Parties in the Post Road Facilities for use by the Pm'ties 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 2 Reserved Capacity (SU) 848 832 The Phase 2 Reserved Capacity for each Party will be reduced (upon use by that Party of all of its Phase 1 Reserved Capacity) for each City water impact fee service unit issued by the City to that Party for use of the Post Road Facilities, and the resulting Phase 2 Reserved Capacity will be deemed the "Phase 2 Adjusted Reserved Capacity" for that Party. The City agrees to honor requests by a Party to connect to the Post Road Facilities to the extent of the Party's Phase 2 Adjusted Reserve Capacity. In order to protect the right of Bennett and Blanco to their respective Phase 2 Reserved Capacity in the Post Road Facilities, the City agrees to verify that sufficient capacity remains in the Post Road Facilities, after deducting the total Phase 2 Reserved Capacity for Bennett and Blanco, to serve a request to connect to the Post Road Facilities by a non-party to this Agreement, or by a Party to the extent the request exceeds the Party's Phase 2 Adjusted Reserved Capacity, before approving the request. To the extent that any such request exceeds the remaining capacity in the Post Road Facilities, the City agrees to deny the request. The City may provide alternative means for water service for persons whose water service requests are denied under this paragraph. 2.7 Easements. A. Bennett agrees to acquire at its sole cost and expense, and dedicate to the City, all easements needed for the Post Road Facilities in the locations shown generally on the map attached as Exhibit B-2. The cost, if any, for the easements will be treated as a project cost for the Post Road Facilities. The cost of any licenses or permits needed fi'om the railroad company will be treated as a project cost for the IH-35 Facilities Facilities. B. At the written request of Bennett, the City will exercise its eminent domain authority to acquire easements needed for the Post Road Facilities. Be~mett will pay for all costs associated with these acquisitions, including appraisal and expert witness fees and attorney's fees. 5