RES 82366 - Laserfiche WebLink

Agreement Page 9 Surcharge shall be in addition to all other sewer fees applicable at the time the building permits are obtained. The properties shown in Exhibit A of this Agreement, however, shall receive a credit equal to 90% of the surcharge for each DUE purchased. assignee, shall be reimbursed by the City of ~i~M~o~for each D.U.E. connection to the DSRSD Sewage Treatment Plant collected by the City pur- suan't to Paragraph III E based on the following formula: ~90 (surcharge per DUE) = Reimbursement per DUE No reimbursement will be made by the City for sewer connections to property included in Exhibit A of this Agreement which have received a credit equal to 90% of the surcharge in Paragraph III E. EXPIRATION OF REIMBURSEMENT PROVISION The provisions for payment of the reimbursement for ~qner shall expire eleven (11) years from the date of completion of the plant expansion, and the City shall have no further duty to reimburse Owner for funds expended. ~<END~,~ENT This Agreement may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provisions of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release the other party from its obligations under this Agreement. ASSIGNMENT The parties agree that the implementation of this Agreement is dependent upon the City having a single, responsible entity to carry out the require- ments of the Agreement and receive its benefits. Therefore, this Agreement shall be binding on the Owner, Willow West Properties while it is the holder of fee title to the property shown on Exhibit A. ~ner may assign this Agreement to a single entity upon purchase by that entity of the property shown on Exhibit A, however, such assignment shall not be effective until Owner's assignee has filed a written statement with the City Manager of City acknowledging this Agreement and accepting its duties. Owner's assignee shall not assign this Agreement without the prior written consent of the City and ~ner's assignee and each and every subsequent assignee shall be bound by each of the-promises made by Owner in this Agreement.