07-1845 Authorizing Execution of Amendment VII to Interlocal Agreement with Orlando

Home Browse Search

its use within thirty (30) days of request from Orlando (or such longer period as Orlando may permit). After expiration of the time for receipt of such notices requesting additional capacity, Orlando shall provide each Participating Agency requesting additional capacity with written notice of the total amount of additional capacity requested by all of the Participating Agencies and a preliminary estimated cost for the Expansion. Participating Agencies shall have the right within sixty (60) days of the date of such notice (or such longer period as may be set forth in such notice) to elect in writing to purchase all or a portion of the additional capacity each requested. If a Participating Agency fails to request any additional capacity or after receipt of the preliminary cost estimate decides not to exercise its right to purchase all of the additional capacity it initially requested, its right to participate and receive additional capacity shall lapse as to the proposed Expansion, but not as to any subsequent Expansions. Each Participating Agency electing to participate in an Expansion, will enter into an agreement with Orlando on terms mutually acceptable to each party defining the Expansion capacity, the anticipated schedule of construction and the method of payment that will be used to compensate Orlando for undertaking the Expansion. Orlando shall be under no obligation to commence work on an Expansion until such time as each Participating Agency electing to participate in an Expansion has executed such an agreement with Orlando. In the event that Orlando desires to expand the capacity of the Iron Bridge Facility and none of the Participating Agencies, including Agency, wish to participate in the Expansion cost, Orlando may choose to undertake the project at its sole expense and shall receive any additional capacity derived there from. g. Rerating of Capacio}. In the event that, in the future, Orlando is able to rerate the capacity of the Iron Bridge Facility at no additional capital cost, the increased capacity shall be proportionally shared with each agency in accordance with each Participating Agency's then current Capacity Allocation percentage. In the event the capacity rerate will require the construction of improvements at the Iron Bridge Facility or otherwise require the expenditure of additional capital cost, each Participating Agency will be given the opportunity to participate in the cost of the improvements to obtain a proportional share of the additional capacity. In such case, Orlando shall notify each Participating Agency of the anticipated additional capacity and the preliminary cost estimate for the rerating project. Each Participating Agency will be given a minimum of sixty (60) days after written notice from Orlando to notify Orlando in writing of its desire to participate in the rerating project up to its proportional share of the additional capacity. Each Participating Agency electing to participate in a rerating project, will enter into an agreement with Orlando on terms mutually acceptable to each party defining the new capacity, the anticipated schedule of construction and the method of payment that will be used to compensate Orlando for undertaking the rerating. Orlando shall be under no obligation to commence any work on a rerating project until such time as each Participating Agency electing to participate in 4