Res 2003-095 - Laserfiche WebLink

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A. Each of the Parties, other than the City, agree to pay the following sums to the Project Mm~ager, for the sole purpose of covering the financial obligations of the Parties under this Agreement: l. 25% of the estimated Project costs attributable to the Party as described in the attached Exhibit C, no later than September i0 Apr,! 15, 2003; provided, that any party that does not make this payment by this date shall be deemed to have withdrawn from this Agreement; and if any party so withdraws, the Engineer will calculate an adjustment to the cost sharing percentages in the attached Exhibit C to reflect the Party's withdrawal with respect to the Project costs, and the Project Manager will provide a copy of this calculation to the remaining Parties; and 2. 75% of the estimated Project costs attributable to the Party as described in the attached Exhibit C, within 10 days of the date the Project Manager notifies the Parties that the construction contract for the Project is ready for execution; provided, that any pat.ty that does not make this payment by this date shall be deemed to have withdrawn fi'om this Agreement; and if any party so withdraws, the Engineer will calculate an adjustment to the cost sharing percentages in the attached Exhibit C to reflect the Pal~y's withdrawal with respect to the Project costs, and the Project Manager will provide a copy of this calculation to the remaining Parties. Tbe Project Manager will ensure that all funds escrowed by the Parties are deposited in accounts that are fully federally insured. 3. Pm'agraph 8 of the Agreement is mnended as follows (underlining indicates added text; indicates deleted text): 8. Reservation of Wastewater Capacity. The City agrees to reserve, for a period of ten years after substantial completion of the Facilities (the "Reservation Period"), the following capacity (the "Reserved Capacity") for each of the Parties in the Facilities for use by the Parties on their respective propel.ties, in the City's wastewater service units (SU) determined by using the City's wastewater impact fee service unit calculations formula in effect as of September 30, 2002: Party Reserved Capacity (SU) Bem~ett 1, 100 Perry 1,200 Nash 35 Blanco 1,080 Interstate 75 Sun 217 The Reserved Capacity for each Party in this table is preliminary in nature. The Parties agree to make any final adjustments to their respective Reserved Capacities by written notice to the Engineer and the other Parties no later than September 10 Apr:~! ~, r 2003. The Engineer will modify the table and the attached Exhibit C with respect to the cost~sharing percentages of