Resolution 2007-22 - Laserfiche WebLink

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NIMIfIII IINIIItlIIIIIIIIIIN hl II%IIM~ 2851499 are not included in the costs certified ozi the updated Exhibit C, as submitted to the City. b. The amount of the Reimbursement Fee shall be calculated as provided in Exhibit C and imposed for collection against the Benefited Area. The City shall collect the Reimbursement Fee from the property owners within the Benefited Area utilizing the Project at such time as the first building permit within each of the six (6) parcels constituting the Benefited Area is issued. To the extent a subdivision application or other land use approval process approved by the City creates new legal parcels or tracts within the Benefited Area, a pro rata share of the Total Reimbursement Amount shall Abe reapportioned to such newly created legal parcel(s), and the City's obligation to collect the Reimbur;;ement .Fee at such time as the first building permit within each such newly created parcel or tract shall continue. Any and all Reimbursement Fees collected by the City shall be held by the City in a separate interest-bearing account, and remitted to the District on no less than a quarterly basis, until the Total Reimbursement Amount plus interest, if any, is paid in full, or fifteen (15) years from the date of Final Acceptance of the Proj ect by the City, whichever first occurs. c. The payment: of the Total Reimbursement Amount to the District shall be contingent upon the City's receipt of Reimbursement Fees identified in this Article. Under no circumstances is the City responsib e or liable for any of the Reimbursement Fees. The City's obligation to pay to the District col.lecited Reimbursement Fees is limited only to those monies actually collected by the City on behalf of the District for the Reimbursement Fees, pursuant to this Agreement. 3.2 Offsite Improvemenl:s. 'The Parties anticipate that the Project will necessitate additional off-site improvements to the; City's sewer collection system to insure the additional flows are conveyed without overloading the sewer system. District agrees to pay City Ten Thousand Dollars ($10,000.00) within forty-five (45) days of mutual execution of this Agreement for the costs of any such off=site improvements. ARTICLE 4 BR1E~,ACH AND NON-BREACH 4.1 Breach, Cure, Reme~die:;. In the event either party alleges that the other is in breach or default of this Agreement, i;he non-defaulting party shall first notify the defaulting party in writing of such default and. specify the exact nature of the default in such notice. The defaulting party shall have thirty (30) business days from receipt of such notice within which to cure such default before the non-de;fau.lting party may exercise any of its remedies hereunder; provided that: (i) such default is capable of being cured, (ii) the defaulting party has commenced such cure within said 30-day period, arld (iii) the defaulting party diligently prosecutes such cure to completion. If such default is not of a nature that can be cured in such thirty (30) day period, corrective action must be commenced within such period by the defaulting party and thereafter diligently pursued. Upon default, the rlon-defaulting party shall have the right to seek from the Boulder County District Court any acid all available remedies, including but not limited to damages, temporary and/or permanent restraining orders or orders of specific performance to compel the other to perform in accor•darice with the obligations set forth under this Agreement.