Res 2003-096 - Laserfiche WebLink

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DRAFT 6-4-03 2.8 Reimbursement of Cost of Post Road Facilities. Bennett may request that the City charge a higher level of impact fees than the amount stated in Paragraph 5.B below for each use connected to the Facilities after the completion of the Post Road Facilities. The request will be in writing, accompanied by a summary statement of the total cost of the Post Road Facilities, including engineering costs, construction costs, easement costs, and an administrative fee of not more than 15% of the construction costs. The request will compme the cost per water service unit (the "Impact Fee Increment"), using the City's water impact fee service unit calculations formula in effect as of September 30, 2002, for reimbursing the total cost of the Post Road Facilities, based on the total number of water service units reserved for Bennett and Blanco in the Post Road Facilities as stated in Paragraph 2.6. The City may request additional information to verify the costs. The City Cotmcil of the City will consider the request, and if the sum of the Impact Fee Increment and the impact fee amount stated in Paragraph 5.B does not exceed the amount the City otherwise charges per water service unit under the City's water system impact fee ordinance, the City Council will set the amount of the water system impact fee at the sum of the Impact Fee Increment and the amount stated in Paragraph 5.B for each water connection made on the property of Bennett or Blanco. The City agrees to thereafter pay to Bennett the Impact Fee Increment out of each impact fee payment collected by the City for a water connection made on the property of Bennett or Blanco, for a period of ten years from the date of completion of the Post Road Facilities, or until Bem~ett has recovered the total cost of the Post Road Facilities, whichever comes first. The City will make these payments to Bennett within 3 0 days of the receipt of each impact fee payment. 3. Connection Fee. The City may establish and collect an assessment or fee, separate from a water impact fee, for connections to the Facilities. The City agrees not to charge this assessment or fee to a Pm~ to the extent that the Party is requesting water service within the Party's Reserved Capacity under Paragraphs 1.5 or 2.6 above. 4. Petition for Annexation. The execution of this Agreement by Bennett and Blanco constitutes a petition by those Parties for annexation by the City of the Parties' respective properties as depicted on the map attached as Exhibit A. Bennett and Blanco agree to provide to the City, by August 31,2003, a metes m~d bounds description prepared at their expense by a registered surveyor for m~ mmexation area that includes their properties and the intervening railroad and county road right-of-way that is contiguous to the current city limits of the City. 5. Applicable Laws; Impact Fees. A. This Agreement and the provision of water service through the Facilities are subject to ail valid and applicable ordinances, fees (including City water impact fees as specified in paragraph 5.B), rules, regulations, and laws of all governmental agencies having lawful jurisdiction over them. B. The City agrees that water impact fees charged to each of the Parties for their respective Reserved Capacities under Paragraphs 1.5 and 2.6 during the Reservation Period above will, at the option of each such Party, be calculated at the City's prior water impact fee amount of $363.00 per service unit, using the City's water impact fee service unit calculations formula in effect as of September 30, 2002. 6. Entire Agreement; Assignment. This Agreement constitutes the entire agreement between the parties hereto and may be amended only by a written document signed by the Parties. This Agreement shall be binding upon the successors and permitted assigns of the Parties, A Party may assign all or part 6