05-1564 Hartman Utility Commit. - Laserfiche WebLink

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2. Development Approval. The parties acknowledge that the site plan for the project was approved by the City Commission on August 23, 2004 after a favorable recommendation by the City's Planning and Zoning Commission (the "Site Plan"). The Site Plan for the Property is specifically incorporated into this Agreement by reference for the purpose of clarifying boundaries, locations, areas, and improvements described in this Agreement, and all development shall be in accordance with and subject to the terms of the said Site Plan. 3. Developer Commitments. The conditions and commitments made as to this development approval, all of which have been accepted by and agreed to by the Developer, are as follows: A. The Developer shall design, permit, and construct a wastewater pumping station with a peak capacity of 13.5 gallons per minute, the related sanitary sewer system, a 6-inch water main and fire hydrant for the developer's three lots prior to the issuance of the first Certificate of Occupancy for the development. The City hereby agrees to reimburse the Developer for the City's prorata share of the costs of the wastewater pumping station, sanitary sewer system, water main and fire hydrant upon acceptance of the improvements by the City. The City must find the utility systems to be built according to the approved plans in order to accept said utility systems. The City's pro rata share has been determined by the Project Engineer of record and is based on the ratio of the excess capacity above the requirements of the Project to the total capacity of the pumping station. The City's prorata share is 81.55 percent as determined by the calculations in Exhibit "B". B. The Developer shall provide the City the plans for the utility systems, and shall provide the City a written estimate of the anticipated costs of the design, permitting and construction of the utility systems before beginning construction. The City must reasonably approve or deny said design and said costs in writing wtthin ten (10) business days of receipt. The City's consent must be obtained prior to commencement of the work. In the event the actual costs exceed the anticipated costs, the Developer shall provide the City with the detail regarding such cost differences and justification for the discrepancy. It shall be within the City's sole discretion to decide whether to pay the difference between the actual costs and the anticipated costs. The City shall pay to Developer the City's prorata share of the anticipated costs within thirty (30) days of acceptance of the improvements for maintenance by the City. C. Upon completion of the water main, sanitary sewer and pumping station and related facilities and receipt of reimbursement per the above provision, the Developer shall (i) record an easement in favor of the City in a form mutually acceptable to the parties over the portion of the Property containing the water main and sanitary sewer lines, and related improvements, and (ii) record a Special Warranty Deed and bill of sale in favor of the City, in a form mutually acceptable to the parties, for the utility systems. 2