Resolution 2018-20 - Laserfiche WebLink

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E. The SWSP Enterprise has determined that it is necessary to commence the design of the Eastern Phase pump station.. Under paragraph 6.e. of the Allotment Contract, Participant has an obligation to pay its share of the cost of planning, designing, and constructing the Eastern Pumping Plant. Agreement 1. The SWSP Enterprise agrees to undertake the Work, at the expense of Participant and other similar participants under and pursuant to the terms and conditions of this Agreeniem. A description of the Work is provided in Exhibit A. 2. Pursuant to paragraph 6.e of the Allotment Contract, Participant shall provide the SWSP Enterprise with its pro rata portion of the funds necessary for the Work. On or before January 15, 2018, Participant shall pay the SWSP Enterprise $.10,649.94 as its portion of the estimated cost of the Work, which is anticipated to total $715,000. The allocation of the estimated total cost of the Work is provided in Exhibit B. The SWSP Enterprise does not warrant or represent that the Work can be fully completed for this estimated total amount. If the Work cannot be completed within this amount, theSWSPEnterprise is not obligated to complete the Work unless sufficient additional funds, as determined by the SWSP Enterprise, are provided by Participant and other similar participants. In the event that additional funds are needed by the SWSP Enterprise to complete the Work hereunder, the SWSP Enterprise shall give Participant a wtitten notice and explanation of the need for the additional funds, including the amount. Participant shall have thirty (30) days from receipt of the written notice in which to pay the requested additional funds to the SWSP Enterprise. 4. In the event that Participant fails to make the initial payment or any requested additional payment described above, the SWSP Enterprise shall have the right to terminate this Agreement and cease all Work for the benefit of Participant. As provided in paragraph 8.c of the Allotment Contract, the SWSP Enterprise shall give Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease the Work under this paragraph. Participant shall have until the end of said thirty (30) day period m which to make all past due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its portion of all costs of the Work actually incurred by the SWSP Enterprise as of the date of termination of this Agreement. In the event that this Agreement is terminated because of Participant's failure to make the required payments, Participant's allocation of Additional Capacity, as .such capacity is defined in the Allotment Contract, in the Southern Water Supply Project pipeline shall be automatically reduced in accordance with paragraph 8.c. of the Allotment Contract. 5. The SWSP Enterprise agrees to diligently pursue the Work in good faith so long as adequate funding therefor is provided by Participant and other similar participants. The SWSP Enterprise anticipates completion of the Work in December 2018.