Capital Improvements Plan. (a) Annually on a date mutually agreed upon, Operator shall provide Municipality a five- year plan for Capital Improvements to Municipality’s Facilities. Such Capital Improvements Plan shall be based on experience, knowledge, and practices employed by Operator for its own system to anticipate growth and regulatory requirements.
(b) Such Capital Improvements Plans may be utilized by Municipality for determining needed Facilities improvements in its annual budget, as appropriate.
(c) In the first year of the contract, Operator will construct at its own expense a connection to convey treated water from Operator’s system to Municipality’s system. Operator shall also be responsible for complying with any TCEQ required interconnection reporting.
(d) Base Compensation for the first Agreement Year shall include $250,000 for Capital Improvements to Municipality’s Facilities. This amount can be used to defray costs to construct the connection to convey treated water from Operator’s system to Municipality’s system. In the event the cost of such connection exceeds $250,000 then such additional cost will be applied to the Capital Improvements allocation in the second Agreement Year.
(e) Base Compensation for the second Agreement Year shall include an amount for Capital Improvements to Municipality’s Facilities equal to the amount of direct cost savings realized by Operator from the reduction of the operation of Municipality’s groundwater xxxxx, not to exceed $250,000.
(f) For each Agreement Year thereafter, the Base Compensation shall include a minimum of $250,000 to be expended for Capital Improvements as agreed to by the Parties.
(g) The amount of Capital Improvements included in the Base Compensation may be adjusted by mutual consent on each renewal of this Agreement as described in Section 6.1.
(h) Any amount included in the Base Compensation for Capital Improvements that has not been spent for that purpose at the end of each Agreement Year will be reimbursed to Municipality within thirty (30) days following the end of the Agreement Year.
(i) Any improvements made by Operator to the Facilities shall be in accordance with the Capital Improvements Plans as approved by Municipality. Repayment of the Capital Improvements in excess of the amount included in the Base Compensation will be made in the manner described in Section 5.9 below. At the end of the repayment period, ownership of the installed Capital Improvements shall be vested in Municipality.
Capital Improvements Plan. Not later than eighteen (18) months following the Commencement Date, the Representatives shall meet and jointly develop and Approve a rolling five (5) year Capital Improvements plan which, at a minimum, will specifically address each of the capital replacement items identified on Exhibit B attached hereto as being the City’s responsibility and any other anticipated Capital Improvements and set forth an estimated schedule and cost and expense for such Capital Improvements (when so Approved, the “Capital Improvement Plan”). The Representatives shall meet no less often than once a year thereafter to revisit, modify, as appropriate, and Approve the Capital Improvements Plan, and determine when and whether any additional Capital Improvements or City Maintenance Items are reasonably required to maintain the Ballpark Standard. To the extent that any modifications, amendments or updates to the Capital Improvements Plan require an Appropriation in excess of amounts then contained within the Capital Improvements Reserve Fund, such modification, amendment or update shall also be submitted to the City Council for its Approval of the Appropriation prior to them becoming effective. City and Tenant agree to act reasonably in agreeing on and implementing the Capital Improvements Plan. Any failure of City and Tenant to agree on and Approve a Capital Improvements Plan or any modifications, amendments or updates thereto shall not affect the obligations of the Parties with respect to Capital Improvements or City Maintenance Items which have previously been Approved.
Capital Improvements Plan. Participate in the establishment of project scope, preparation of cost estimates, and construction schedules in terms of project planning for the City’s Capital Improvement Program.
Capital Improvements Plan. The Parties shall have shared responsibility for funding Capital Improvements throughout the Term, as determined by the parties hereto. Except as provided herein, any repair, improvement or alteration that meets the then current definition of a capital project as defined by the Office of Financial Management shall be a “Capital Improvement.” Notwithstanding the foregoing, the Parties shall be responsible to fund their respective shares of Capital Improvements, subject to available funding. Commission’s obligation to fund Capital Improvements is expressly contingent upon the Legislature appropriating the funds necessary to meet Commission’s commitment. Tenant and Coordinating Committee shall meet prior to March 1, 2014, to prepare an initial plan (the “Capital Plan”) which shall identify the Capital Improvement priorities for the first (1st) seven (7) years of the Term. The Coordinating Committee shall identify one stand-alone project of high value to be initiated within three (3) years of the Date of Possession for inclusion in the initial Capital Plan. By March 1 of each even year thereafter, Tenant and the Coordinating Committee shall meet to prepare an updated Capital Plan for the next ensuing seven (7) years of the Lease term. The purpose of the Capital Plan is to establish capital improvement priorities at the Campus and targets for private investment, to assist in the development of capital budget requests to the Legislature, to develop a capital development strategy and to proposed funding responsibilities between the Parties. Tenant and Coordinating Committee shall also thereafter meet prior to March 1, 2014 and each even year thereafter to develop a list (the “Capital Projects List”) for the upcoming biennium. Once established, a Capital Project list shall be promptly submitted to the Director. Commission shall incorporate those portions of the Fort Xxxxxx Campus Capital Projects lists into Commission’s capital request as deemed appropriate by Commission, acting in its sole discretion, in light of other capital project needs throughout the state-wide parks system. The Commission recognizes that future capital funding, both public and private, is important to the revitalization and long-term success of the Lifelong Learning Center at Fort Xxxxxx State Park. The parties acknowledge that it is their mutual interest to develop a cooperative strategy for each biennial capital budget submittal. The parties acknowledge that the Tenant is free to independ...
Capital Improvements Plan. The Parties shall have shared responsibility for funding Capital Improvements throughout the Term, as determined by the parties hereto. Except as provided herein, any repair, improvement or alteration that meets the then current definition ofa capital project as defined by the Office of Financial Management shall be a “Capital Improvement.” Notwithstanding the foregoing, the Parties shall be responsible to fund their respective shares of Capital Improvements, subject to available funding. Commission’s obligation to fund Capital Improvements is expressly contingent upon the Legislature appropriating the funds necessary to meet Commission’s commitment. The parties acknowledge that it is in their mutual interest to develop a cooperative strategy for each biennial capital budget submittal. The parties acknowledge that the Tenant is free to independently seek funding from the Legislature for Fort Xxxxxx Lifelong Learning Center projects or programs, regardless of whether the Coordinating Committee has recommended any such projects for funding or whether Commission has incorporated any such projects into its capital request.
Capital Improvements Plan. Within sixty (60) days of execution of this Agreement, GSWC shall prepare and submit to DPH for approval a plan for all improvements (“Capital Improvements”) to the Xxxxxxx Water System that are reasonably necessary to comply with CPUC, DPH and Xxxxxx County potable water service standards, including without limitation, installation of facilities to comply with drinking water standards for arsenic. The Capital Improvements plan shall include an analysis of arsenic contamination in the Xxxxxxx Water System, potential treatment or avoidance options, time-line for construction of necessary Capital Improvements, and a good faith estimate of the associated costs to construct the Capital Improvements. GSWC shall provide a copy of the Capital Improvements to WWD1, and WWD1 shall cooperate with GSWC in the preparation of the Capital Improvements plan, subject to reimbursement by GSWC for any third party costs incurred by WWD1.
