RES 82366 - Laserfiche WebLink

,":A~r&ement . .,Pag,e 4 CITY DISCRETION City shall have sole discretionary authority to allocate the sewage treatment capacity from the expansion of the Dublin San Ramon'Services District Treatment Plant and the LA~MA Export Pipeline, except as limited by the LAln~ Joint Powers Agreement, and Section III, below. II. O~'~ER agrees to the following: ACKNOWLEDGMENT OF GOOD FAITH EFFORTS ONLY Owner hereby acknowledges and understands that the actions of City provided in this Agreement represent City's com- mitment of good faith efforts only. ewner further acknowledges and understands City cannot assure or guarantee necessary approvals of other governmental agencies nor the results of the election. Owner fuEther acknowledges that City shall have the sole discretionary authority to allocate capacity that might result from the contemplated expansion except as specifically and expressly limited herein. O~ER TO PREPARE STUDIES Owner shall, at his expense, determine the extent of the environmental studies necessary to proceed with the expansion of the Dublin San Ramon Services District Treatment Plant and LA~%~ Export Pipeline and shall engage necessary engineers and consultants to complete those studies. Upon mutual agreement between City and Owner the necessary environmental studies may be undertaken under the auspices of City but at the expense of Owner. A contract acceptable to the City with a consultant for necessary environmental studies shall be executed within ninety (90) days of the execution of this Agreement. All environmental studies required shall be completed within one (1) year of execution of the censultant's agreement provided for in this section. Failure to meet these time requirements shall permit City to terminate this Agreement immediately. City may extend time periods at its discretion. OWNER TO PREPARE PLANS AND SPECIFICATIONS Owner shall pay for the retention of engineers and consultants acceptable to City, the Dublin San Ramon Services District and LA~'~]~A to design and prepare plans and specifications for the expansion of the Dublin San Ramon Services District Treatment Plant by 500,000 gallons per day and the LA~ Export Pipeline and related facilities by 500,000 gallons per day. A contract acceptable to the ~ity for said engineers and consultants shall be executed within ninety (90) days of the execution of this Agreement. The design, plans and specifications shall be completed within one (1) year of the execution of the engineer's and consultant's agreement provided for in this