City Agreements. The City covenants and agrees as follows:
1. The City will prepare or have prepared an Emergency Spill & Discharge Prevention Plan to supplement Section 6 of LCRA Agreement. This Emergency Spill & Discharge Prevention Plan will require that during the term of this Agreement, the City shall:
a. Have a backup generator at the Wastewater Plant.
b. Have backup generators at raw sewage lift stations.
c. Equip the Wastewater Plant and lift stations associated with the Permit with auto dialers.
2. The Wastewater Plant will use UV disinfection.
3. The City will provide notification to the Non-City Parties as follows: (a) the City will provide 8 hours’ notice prior to any planned Discharge; (b) The City will provide 12 hours’ notice after an unplanned Discharge; (c) The City will provide notice promptly when total Dedicated Storage of treated effluent is at full capacity. Notice provided by this paragraph shall be provided via email to the e-mail addresses as specified in the Notice section of this Agreement.
4. The Non-City Parties may, at their cost, implement:
a. Water quality monitoring: Downstream water quality and quantity monitoring.
b. Baseline testing in soils and downstream creeks.
c. The City will provide reasonable access to City-owned property for the monitoring and testing provided for in this paragraph; however, nothing in this paragraph may be construed as conveying a right of entry on any property that is not owned by the City.
5. POW has a “first right of refusal”, at its sole cost, to accept treated effluent from the Wastewater Plant or prior to a planned Discharge. POW has a “first right of refusal”, at its sole cost, to accept treated effluent prior to an unplanned Discharge, as determined feasible by the City. Before POW may accept treated effluent pursuant to this paragraph, however, POW and its method of use must be approved by TCEQ pursuant to Title 30 of the Texas Administrative Code Chapter 210, and POW must demonstrate compliance with the requirements of Title 30 of the Texas Administrative Code Chapter 210. Nothing in this Agreement should be construed to give POW priority over 210 beneficial reuse customers of the City.
6. The City will use its best effort to have a loading station approved by TCEQ for Beneficial Reuse. Promptly upon TCEQ approval of a loading station, the City will provide a loading station for the community to access and use treated effluent (at a City designated location). Any user of the loading station must be app...
City Agreements. Seller’s execution (if applicable) to the Termination Agreement.
City Agreements. (a) The Property shall be exempt from the provisions of Chapter 17.38 (Hillside Management) of the Moorpark Municipal Code.
(b) The Property shall be exempt from any growth management ordinance that is adopted by the City Council or by initiative of the electorate.
(c) If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer. The process shall generally follow Government Code Section 66457 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent (15%) on all out-of-pocket costs and City staff costs.
(d) City shall use its best efforts to process plan checking and early grading agreement for the Project in an expedited manner.
(e) The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of the final map for VTTM No. 5004. Said early grading agreement shall be consistent with the conditions of the Entitlements and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee (i) implementation of the erosion control plan and completion of the rough grading, (ii) construction of the private street and secondary access and all related improvements including landscaping, (iii) construction of SR 23 interchanges with New Los Angeles Avenue improvements, including signalization, (iv) construction of water line and sewer line extensions, (v) construction of all required drainage improvements and (vi) implementation and maintenance of habitat restoration as required by the mitigation Monitoring Program. In the event that Developer fails to comply with any provision of the early grading agreement, the City Council may by resolution declare the surety forfeited; provided, however, the City Council shall not declare any such forfeiture, unless the City Manager has given Developer ten (10) days prior written notice of such failure and Developer has failed to cure th...
City Agreements. 14 4.16 ERISA................................................................................................14 4.17 No Lien on Collateral................................................................................14 4.18
City Agreements. An uncured default by Maker under the terms and conditions of either of the City Agreements shall be a default under this Note.
City Agreements. City will be responsible at its expense for providing and maintaining all outdoor facilities suitable for conducting outdoor recreational activities..
City Agreements. Except as set forth in Exhibit D hereto, the Use Agreement and the Valet Parking Agreement are in full force and effect and no party thereto has breached or violated such agreements. All deposits required to be made pursuant to each agreements have been made.
City Agreements. Landlord and Tenant shall comply with the terms of the Development Agreement between the City of Blue Ash (“City”) and Landlord (the “Development Agreement”) and the Service Agreement between the City and Landlord (the “Service Agreement” and collectively with the Development Agreement, the “City Agreements”). The parties acknowledge that certain infrastructure improvements in the vicinity of the Premises will be undertaken by the City pursuant to the Development Agreement. Landlord shall have no liability for any repayment obligations under Section 6.7 of the Development Agreement and Tenant shall be solely responsible for making any repayment thereunder when due and shall indemnify Landlord against any loss or liability for Tenant’s failure to make the repayments thereunder.
City Agreements. Lessee expressly acknowledges and agrees that in connection with its entering into this Lease, it is also entering into one or more agreements (collectively, with any extension, renewal, amendment or replacement thereof, the “City Agreements”) with the City of Santa Xxx (“City”) whereby the City is providing certain funding to Lessee to assist Lessee in complying with its obligations under this Lease. Any termination or expiration of any of the City Agreements shall, at the option of Lessor, also be a default by Lessee under this Lease, without any notice or cure period.
