Common use of Relocation of Water Lines Clause in Contracts

Relocation of Water Lines. The City shall Cooperate with CSU’s xx xxxx after the Closing to relocate any existing City water lines or facilities on the CSU Property or the River Park Property to a new location that minimizes impacts to CSU’s planned development footprint and traf ic circulation for the Project. Water lines to be relocated include, but are not necessarily limited to, an existing 48-inch Xxxxxxxx water transmission main and the existing 16- inch water transmission main. In addition, the City shall Cooperate with CSU’s xx xxxx after the Closing to obtain new water meters and irrigation meters to serve the Project, in the capacity and quantity commensurate with the water demand to be created by the Project as identified in the Water Supply Assessment, which shall include an updated, project-specific water study to be prepared by CSU and reviewed and approved by the City in connection with CSU’s proposed relocation of any water lines. CSU shall comply with all applicable Laws, including applicable City standards and regulations, and shall obtain all applicable Approvals required in connection with the relocation of City water lines. CSU shall obtain permits from the City prior to: (i) relocating the existing City water lines on the CSU Property or the River Park Property; (ii) constructing or installing any new City water lines on the CSU Property or the River Park Property; (iii) undertaking any construction or grading within the City’s water line easement areas; and (iv) establishing a connection to any City water pipelines. The permits for relocation of existing City water lines will be issued pursuant to a ministerial process if the City determines that the City Public Improvement Plans prepared by CSU for the relocation of City sewer lines satisfy applicable City, state and federal laws and regulations. After the Closing, CSU will bear all costs and expenses associated with: (i) any water line or facility relocation and construction on the CSU Property, the River Park Property, and any adjacent property impacted by the Project; (ii) the installation of any new water meters and irrigation meters on the CSU Property, the River Park Property, and any adjacent property impacted by the Project; and (iii) the provision and usage of water capacity, connections, and service benefitting the CSU Property and the River Park Property or resulting from the Project, including any upgrades or system improvements needed as a result of the projected water-related demands of the Project. The fees charged for future water connections or increased capacity will be calculated taking into account the existing water capacity at the CSU Property as of the Ef ective Date. CSU shall ensure that the Project is designed to include adequate water service for the River Park Property and the Wetland Mitigation Project Site, both during Project construction and after Project completion. Pending the City’s review and approval ofan updated water study and proposed Public Improvement Plans to be prepared and submitted by CSU, it is presently anticipated by CSU that all onsite water mains will be owned and maintained by CSU, except that the existing 48-inch Xxxxxxxx water transmission main, the existing 16-inch water transmission main and the existing pressure-reducing station will continue to be owned and maintained by the City.

Relocation of Water Lines. The City shall Cooperate with CSU’s xx xxxx e forts after the Closing to relocate any existing City water lines or facilities on the CSU Property or the River Park Property to a new location that minimizes impacts to CSU’s planned development footprint and traf ic tra fic circulation for the Project. Water lines to be relocated include, but are not necessarily limited to, an existing 48-inch Xxxxxxxx water transmission main and the existing 16- inch water transmission main. In addition, the City shall Cooperate with CSU’s xx xxxx e forts after the Closing to obtain new water meters and irrigation meters to serve the Project, in the capacity and quantity commensurate with the water demand to be created by the Project as identified in the Water Supply Assessment, which shall include an updated, project-specific water study to be prepared by CSU and reviewed and approved by the City in connection with CSU’s proposed relocation of any water lines. CSU shall comply with all applicable Laws, including applicable City standards and regulations, and shall obtain all applicable Approvals required in connection with the relocation of City water lines. CSU shall obtain permits from the City prior to: (i) relocating the existing City water lines on the CSU Property or the River Park Property; (ii) constructing or installing any new City water lines on the CSU Property or the River Park Property; (iii) undertaking any construction or grading within the City’s water line easement areas; and (iv) establishing a connection to any City water pipelines. The permits for relocation of existing City water lines will be issued pursuant to a ministerial process if the City determines that the City Public Improvement Plans prepared by CSU for the relocation of City sewer lines satisfy applicable City, state and federal laws and regulations. After the Closing, CSU will bear all costs and expenses associated with: (i) any water line or facility relocation and construction on the CSU Property, the River Park Property, and any adjacent property impacted by the Project; (ii) the installation of any new water meters and irrigation meters on the CSU Property, the River Park Property, and any adjacent property impacted by the Project; and (iii) the provision and usage of water capacity, connections, and service benefitting the CSU Property and the River Park Property or resulting from the Project, including any upgrades or system improvements needed as a result of the projected water-related demands of the Project. The fees charged for future water connections or increased capacity will be calculated taking into account the existing water capacity at the CSU Property as of the Ef ective E fective Date. CSU shall ensure that the Project is designed to include adequate water service for the River Park Property and the Wetland Mitigation Project Site, both during Project construction and after Project completion. Pending the City’s review and approval ofan updated water study and proposed Public Improvement Plans to be prepared and submitted by CSU, it is presently anticipated by CSU that all onsite water mains will be owned and maintained by CSU, except that the existing 48-inch Xxxxxxxx water transmission main, the existing 16-inch water transmission main and the existing pressure-reducing station will continue to be owned and maintained by the City.

Relocation of Water Lines. The City shall will continue to Cooperate with CSU’s xx xxxx efforts after the Closing Effective Date to relocate any existing City water lines or facilities on the CSU Property or and the River Park Property to a new location that minimizes impacts to CSU’s planned development footprint and traf ic traffic circulation for the Project. Water lines to be relocated include, but are not necessarily limited to, an existing 48-inch Xxxxxxxx water transmission main and the existing 16- 16-inch water transmission main. In addition, the City shall will Cooperate with CSU’s xx xxxx efforts after the Closing to obtain new water meters and irrigation meters to serve the Project, in the capacity and quantity commensurate with the water demand to be created by the Project as identified in the Water Supply Assessment, which shall include an updated, project-specific water study to be Assessment prepared by CSU in compliance with applicable state and reviewed and approved by the City local Law in connection with CSU’s proposed relocation of any water lines. CSU shall comply with all applicable Laws, including applicable City standards and regulations, and shall will obtain all applicable Approvals required in connection with the relocation of City water lines. Without affecting any provisions relating to the City’s review and approval rights over construction or grading within the City’s water line easement areas as set forth in paragraph (c) of this Section, CSU shall will obtain either public improvement permits or right-of-way permits, as applicable, from the City in the City’s reasonable discretion prior to: (i) relocating the existing City water lines on the CSU Property or the River Park Property; (ii) constructing or installing any new City water lines on the CSU Property or the River Park Property; and (iii) undertaking any construction or grading within the City’s water line easement areas; and (iv) establishing a connection to any City water pipelines. The permits for relocation of existing City water lines will be issued pursuant to a ministerial process if the City determines that the City Public Improvement Plans prepared by CSU for the relocation of City sewer lines satisfy applicable City, state and federal laws and regulations. After the Closing, CSU will bear all costs and expenses associated with: (ia) any water line or facility relocation and construction on the CSU Property, the River Park Property, and any adjacent property impacted by the Project; (iib) the installation of any new water meters and irrigation meters on the CSU Property, the River Park Property, and any adjacent property impacted by the Project; and (iiic) the provision and usage of water capacity, connections, and service benefitting the CSU Property and the River Park Property or resulting from the ProjectProject in excess of the water-related demands of the Project evaluated in the Final EIR, including any upgrades or system improvements needed as a result of the projected an increase in such water-related demands of the Projectdemands. The fees charged for future water connections or increased capacity will be calculated taking into account the existing water capacity at the CSU Property as of the Ef ective Effective Date. CSU shall will ensure that the Project is designed to include adequate water service for the River Park Property and the Wetland Mitigation Project SiteProperty, both during Project construction and after Project completion. CSU will also ensure that the Project is designed to include adequate water service for the Wetland Mitigation Project Site, until such time as the City has received regulatory sign-off confirming the successful completion of conditions set forth in the Wetland Mitigation Project Agreements, which is currently anticipated to occur in March, 2023. Pending the City’s review and approval ofan updated water study and of proposed City Public Improvement Plans to be prepared and submitted by CSU, it is presently anticipated by CSU that all onsite water mains will be owned and maintained by CSU, except that the existing 48-inch Xxxxxxxx water transmission main, the existing 16-inch water transmission main and the existing pressure-reducing station will continue to be owned and maintained by the City.