RecD96 1996-138988 - Laserfiche WebLink

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(ii) Flatirons may connect to these Facilities without further obligation from Flatirons for payment thereof. (d) City may, at its sole discretion, transfer its obligations to fund and complete the Facilities through District, to others (except Flatirons). If City through District transfers any of its obligations to others, City through District shall remain responsible for the performance òf those obligations if the transferee fails to perform the obligations. If the transferee is City in connection with the dissolution of District, City through District will not remain responsible for performance of the obligation. (e) No later than 420 days after the Effective Date, Flatirons shall submit plans for the construction of the Flatirons Facilities to City's Engineering Division for plan check. The date on which those plans are approved by the City's Engineering Division shall constitute the "Facilities Commencement Date." Flatirons shall substantially complete the Flatirons Facilities no later than 480 days after the Facilities Commencement Date ("Facilities Completion Date"). Both the Facilities Commencement Date and the Facilities Completion date are subject to the provisions of Section 16 (Permitted Delay). City through District shall reimburse Flatirons for the cost of constructing the Shoreline Drive extension (hereinafter defined in Exhibit A as the "Flatirons Facilities"). Reimbursement shall be made for the full and final costs of constructing the Flatirons Facilities, including all design and engineering costs ("Construction Costs"), provided, however, that the portion of the Construction Costs attributable to the design and engineering of the Flatirons Facilities shall not exceed 18% of the Construction Costs exclusive of design and -16- DV AGR0'3.rxJC August 26, 1996