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Agmt80 Emerald Lakes Heights
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Agmt80 Emerald Lakes Heights
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Last modified
1/17/2006 9:23:09 AM
Creation date
10/3/2005 10:19:03 AM
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Template:
Agreement
Contractor Name
Emerald Lakes Heights
PROJECT NAME
sewer mainenance district
RMP File Number
802
Date
8/19/1980
Reso Ref
8662
Box
6043
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<br />[c] <br /> <br />In any event, the wastewater volume portion of <br />all capacity rights proposed to be conveyed is <br />established in increments of 0.1 mgd. <br /> <br />(v) <br /> <br />The consent and finding of the City Council provided <br />herein shall not unreasonably be withheld provided that <br />such consent may be granted subject to reasonable <br />conditions; <br /> <br />(vi) <br /> <br />The consent or denial of the City Council shall be made <br />within three months of the date of submission by <br />County of its application; provided, however, that <br />said period shall be extended by an amount (as the <br />Council shall determine) equal to any delays occasioned <br />by County in responding to reasonable requests of the <br />City Manager for additional information or notification <br />necessary or appropriate for preparation of the <br />Manager's report; <br /> <br />(vii) <br /> <br />Any documents proposed to be entered into between County <br />and the transferee evidencing conveyance of capacity <br />rights shall be subject to the approval of the City <br />Council as to substance and the City Attorney as to form. <br /> <br />(d) <br /> <br />City's Right to Purchase. <br /> <br />In the event County proposes <br /> <br />or intends to sell, assign, lease, license, or otherwise dispose of <br /> <br />County's non-grant eligible capacity rights, or any portion thereof, <br /> <br />pursuant to the provisions of paragraph 3(c) hereof, County shall <br /> <br />give to City written notice of such proposal or intention. <br /> <br />Thereupon, <br /> <br />and within 60 days of receipt of said notice, City shall have, and <br /> <br />is hereby granted, the right and option to purchase, lease, license <br /> <br />or otherwise acquire the non-grant eligible capacity rights proposed <br /> <br />or intended to be sold, assigned, leased, licensed, or otherwise <br /> <br />disposed of, <br /> <br />(i) at the fair market value of said capacity rights <br /> <br />then prevailing, or (ii) at the price hereinafter in paragraph 5(a) <br /> <br />specified (reduced proportionately, in the event less than the whole <br /> <br />amount of said non-grant eligible capacity rights is proposed to be <br /> <br />sold, or (iii) at the price and upon the terms offered to County <br /> <br />ln writing by a bonafide prospective purchaser, assignee, lessee, <br /> <br />or licensee, whichever amount is greater. <br /> <br />If City fails to so <br /> <br />advise County, or advises County of its intention not to exercise <br /> <br />said right and option, County may sell, assign, lease, license, <br /> <br />-9- <br />
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