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I 11.F.c I <br /> AGREEMENT. For good and valuable consideration, including the benefits to City and Owner as <br /> described above, City and Owner agree as is more specifically set forth in this Agreement. <br /> d <br /> E <br /> 1. INFRASTRUCTURE. a <br /> 1.1 Off-Site Infrastructure Improvements. <br /> d <br /> E <br /> A. Owner's Construction and Contribution of Off-Site Public Improvements. Except as <br /> otherwise determined or provided herein, Owner shall have responsibility for <br /> constructing or contributing to the cost of construction of the off-site water <br /> infrastructure necessary to solely satisfy the needs of the Project Plan at any given <br /> phase.The Owner shall have no further responsibility for construction or contributing rn <br /> to the cost of any other off-site infrastructure. <br /> B. Water System Improvements. Off-site water improvements are required to meet water ti <br /> system looping and redundancy standards for Zone 48. The Owner shall design the <br /> off-site water improvements from the connection point to the existing distribution E; <br /> system in Kile Street to the connection point at The Preserve Subdivision and as shown N <br /> on Exhibit"B". <br /> 0 <br /> N <br /> 1. The Owner shall be responsible for the design, construction and providing project z° <br /> record drawings for the installation of the improvements, which includes a 12" <br /> diameter water main of Class 350 ductile iron pipe (DIP), two fire hydrants, and . <br /> appurtenances and also includes, but is not limited to, pavement removal and S <br /> restoration along the route shown in Exhibit`B". �, <br /> v <br /> 2. The Owner shall provide an engineer's estimate of probable cost (EEC), for the <br /> water main improvements. The amount of the estimate shall be agreed upon, by 2 <br /> both City and Owner. The City will reimburse the Owner for 100% of the actual W <br /> construction and inspection costs of the water main improvements. City <br /> reimbursement will be paid by the City within thirty(30)calendar days of receipt of <br /> an invoice from Owner following construction and testing by the Owner, and d <br /> acceptance of the water main by the City. <br /> 3. The water main infrastructure improvements described in Section 1.2 shall be a <br /> completed in its entirety and subject to a two-year warranty period, prior to d <br /> acceptance of the infrastructure for long-term maintenance by the City. <br /> a) <br /> 2 RESTRICTIONS.Provided that Owner has met the requirements set forth in Section 1 of this c <br /> Agreement, the City shall not (i) impose a moratorium, (ii) enforce any Laws or Regulations d <br /> that directly impose material limitations on the rate, timing or sequencing of development on Y <br /> the,or(iii)impose any Laws or Regulations which are for antigrowth purposes or,as applied to c <br /> the Property, significantly and materially frustrate the density of uses contemplated by the E <br /> Project Plan for such particular development (collectively "Limitations"). This prohibition 5 <br /> shall not apply to the extent that Limitations may be(a)required or mandated by County, state g <br /> 3 <br /> I Packet Pg. 198 I <br />