City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs for new sanitary sewer, water mains and appurtenances constructed as part of this Project. Further, the City shall be responsible for the maintenance of all such facilities after completion of the Project.
City Utilities. PBOT will enter into separate agreements with the BES and PWB, as necessary, in PBOT’s discretion, to ensure proper and timely installation of the public utility infrastructure that is part of the PBOT Work.
City Utilities. The County will be responsible for re-routing all City utilities for the tunnel portion under South Xxxxxx Street, including the cost of such re-routing. The City shall be responsible for the maintenance of all City utilities upon completion of the construction phase impacting the utilities.
City Utilities. The Parties acknowledge that certain utilities owned by the City and located on City property or within public right of way will be relocated and, or impacted by the Project. The City will relocate City-owned utilities, or if it prefers, permit Sound Transit to relocate the City- owned utilities, that conflict with the Project at Sound Transit’s expense in accordance with applicable provisions of the Puyallup Municipal Code (PMC). The City and Sound Transit will enter into a separate utility relocation agreement regarding the scope and responsibilities for work related to the relocation. Known utility conflicts at the time of this agreement are shown on Exhibit F, attached and incorporated herein. That portion of Sound Transit's Contractor's work consisting of the City's watermain and storm system and appurtenances shall not be given final acceptance until it is approved in writing by the City. The City shall not unreasonably withhold final acceptance.
City Utilities. 4.4.14.1 PSTA shall be responsible for developing a utility conflict matrix for each phase submittal to the potentially affected City utilities .
4.4.14.2 The City shall submit to PSTA the draft utility work schedules for PSTA’s review and approval to ensure that they are consistent with the Master Project Schedule.
4.4.14.3 City utilities and associated structures impacted by the Project as identified in the Utility Work Schedule shall be relocated before or during construction by the City or its designee in a manner in which maintenance and access to the facility is not adversely impacted.
4.4.14.4 All new and reconstructed City utilities will be designed by the City in coordination with PSTA. The cost of relocation or modification, before and during construction, shall be borne by PSTA for those utilities identified in the final design plans; otherwise the cost of relocation or modification shall be borne by the City.
4.4.14.5 Where relocation is not feasible due to site conditions, new facilities shall be designed in a manner that is cost feasible to the project. PSTA and the City will determine whether the cost of relocation would be eligible project costs.
4.4.14.6 Where new facility construction does not impact current City utility operation, and the City agrees that relocation of the utility is not warranted, PSTA and the Contractor shall coordinate with the City to schedule construction operations when the utility could be least impacted or disrupted.
4.4.14.7 PSTA and the Contractor shall coordinate all schedules for relocation with the maintaining City agency. In the event of interruption to underground or overhead utility services as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall immediately alert the occupants of nearby premises as to any emergency that the Contractor may create or discover at or near such premises. The Contractor shall then notify the City and the City or operator of the utility facility of the disruption and shall cooperate with the said utility City or operator in the restoration of service. If water service is interrupted, repair work shall be continuous until the service is restored.
4.4.14.8 The City shall test and accept relocated City utilities before final completion.
City Utilities. The City agrees to obtain, by condemnation if necessary, any and all easements or rights of way necessary to install City water and sewer services for the Project as determined to be reasonably necessary by AmerenUE. AmerenUE will be responsible for payment of the initial costs related to the construction and installation of the City water and sewer services for the Project in accordance with City specifications and requirements (which shall be 16" minimum water service and 8" minimum sewer service) and for all costs of acquisition of such easements or rights of way as may be required therefor together with costs of any condemnation proceedings which may be undertaken by the City pursuant to this Section including, without limitation, cost of condemnation counsel selected by the City, appraisers, consultants and expert witnesses and costs of any final award(s). Upon completion of installation and testing of the water and sewer services, AmerenUE shall promptly take all actions necessary to dedicate the services to the City free and clear of any and all liens (whether mechanic's or otherwise), claims, debts, liabilities, or other encumbrances, together with all rights or interests AmerenUE may have in any such easements and rights of way obtained in connection thereof. The City agrees to charge AmerenUE for the term of this Agreement water and sewer rates for such services used by AmerenUE on the Project up to a maximum usage of 24,000,000 gallons of water per year in amounts equal to the City's operation and maintenance costs (currently $2.59 per 1,000 gallons used) for provision of such services (but not costs related to any debt service obligations of the City) as certified by the City. The agreements in this SECTION 5.07 shall survive termination of this Agreement for any reason and are not contingent upon the issuance of the Bonds.
City Utilities. (a) Pursuant to the terms of the JPA, the City has agreed to design and construct the trunk and sub-trunk water, sanitary sewer, and storm sewer utilities (the “City Utilities”) necessary to deliver public utilities to the TCAAP Site. The County has agreed to undertake the design and construction of the City Utilities, as further set forth in Article IV of the MDA, and further agrees to undertake the initial financing thereof; provided that the City shall remain responsible for paying the costs thereof, through City SAC and City WAC fees as paid to the JDA, as provided herein. The Parties agree that the Public Improvements will be designed, bid and constructed as provided in Article IV of the MDA which is incorporated by reference as if fully set forth in this Agreement, including without limitation, City’s right to participate in the design and planning of the City Utilities provided in Section 4.2(e) of the MDA.
(b) The cost of the City Utilities, which is currently estimated to be approximately $3,200,000, will be determined at the time the County issues a Notice of Intent to Award a Contract for the Mass Grading and the Public Improvements as set forth in Section 4.3 of the MDA (the “City Utilities Cost”).
(c) The County agrees that it will pay or finance the City Utilities Cost provided that in consideration of the County undertaking construction and financing of the City Utilities, the City shall, on the date the County issues a Notice of Intent to Award a Contract for the Mass Grading and the Public Improvements as set forth in Section 4.3 of the MDA, issue its General Obligation Utility Revenue Note in substantially the form set forth in Exhibit B attached hereto (the “Note”) in a principal amount equal to the City Utilities Cost. The Note will bear interest from its date of issuance at a rate per annum equal to 4.00%.
(d) In accordance with Section 3.7.2 of the JPA, the Note will be payable from a water access charge in the amount of $1,000.00 per unit (“City WAC”) and a sewer access charge in the amount of $650.00 per unit (“City SAC”) which shall be collected by the JDA as provided in each Vertical Developer’s Agreement and transmitted by the JDA to the County on behalf of the City. No payments of principal of or accrued interest on the Note shall be due and payable to the County except to the extent of City SAC and City WAC payments as and when received; provided, however, that all outstanding principal of and accrued interest on the Note shall...
City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs associated with city utilities impacted as part of the applicable Projects. Further, the City shall be responsible for the maintenance of all such utilities after the completion of the Project.
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City Utilities. All new and reconstructed City Utilities will be installed in accordance with the Construction Documents. Utilities relocated by Valley Metro shall be tested by Valley Metro and accepted by the City prior to taking any existing City Utility out of service. City Utility relocations shall follow all City permit procedures identified in the City of Tempe Utility Permit and Construction Manual. All utility work shall follow Arizona Bluestake requirements.
