ORD 1792 - Laserfiche WebLink

Developers or the City, each of which shall be responsible for the allocated shares of the Reimbursable Costs and Management Fees of these improvements, whether increased or decreased from current estimated costs. 3. Performance of Funding Obligations: (a) Water and Sewer: (i) Design and Construction: With respect to the water and sewer main extensions to be installed by the Funding Developers, the first of Black Mountain or New Cities which has an approved final subdivision map and is ready to commence construction of the onsite and offsite improvements for its respective project (the "Proceeding Developer") shall complete preparation of improvement plans for sewer and water infrastructure, shall enter into a standard City subdivision improvement agreement for the design, construction and dedication of the full extent of the water and sewer main extensions in accordance Exhibit "B-I'~, and shall be responsible for payment of all costs of design, construction and installation thereof at no expense to City, subject only to the City's obligation to fumish the necessary right-of-way to enable construction to proceed as provided herein. Concurrently with approval of such final subdivision map, the Proceeding Developer shall bond for the completion of such work within two (2) years of recording its final map. (ii) Right-of-Way Acquisition: Each Funding Developer shall be required by City to offer for dedication and/or convey, without cost to the Proceeding Developer, any necessary right-of-way for installation of the water and sewer mains. All rights-of-way other than rights-of-way to be obtained from Funding Developers shall be obtained and provided in accordance with section 4, below, at no cost to the Funding Developers (other than for incidental costs as hereinafter described), and within a time so as not to delay the progress of construction in accordance with the Proceeding Developer's construction schedule. If rights-of-way are not so provided, then the Proceeding Developer shall not be required to install improvements in the contemplated right-of-way but shall deposit into the account established and maintained by City for this purpose pursuant to Section 4, the sum equal to the Proceeding Developer's contract costs for design, construction and installation of improvements to be installed in such right of way if and when it becomes available, and thereupon the Proceeding Developer shall have no further obligations with regard thereto. The amount so deposited by the Proceeding Developer shall be a Reimbursable Cost. (iii) Incidental Right-of-Way Acquisition Cost: Anything in subparagraph (ii) to the contrary notwithstanding, the incidental costs of acquiring right-of-way, including but not limited to surveys, title searches, preparation of right-of-way conveyancing documentation and recording fees (if any), shall be paid by the Proceeding Developer and included as a Reimbursable Cost; but in no event shall the Funding Developers be responsible for payment of right-of-way acquisition costs in the nature of compensation for the value of an easement or fight- of-way (whether by condemnation, payment in lieu of condemnation, or voluntary agreement) or for legal fees or court costs incurred by City in connection with any such acquisition. · .4- 10/21/99