LIN - ACQUISITION DOCUMENTS - Laserfiche WebLink

matters which are conditions precedent to the authority and ability of DSRSD to obtain access to, acquire an interest in, and share in the use/operation of the Facility must be, or have been, completed. (ii) The design, acquisition and construction of the Facility. (iii) The right of DSRSD to have access to, and joint use of the Facility including, initially, Phase I of the Facility and ultimately, Phase II of the Facility. (iv) The terms and conditions for use, ownership, operation and maintenance of the Facility. (v) The allocation between DSRSD and CITY of costs and expenses for the acquisition (including, without limitation, granting of credit to DSRSD for "the value of the land acquisition costs assumed by DSRSD pursuant to its agreement with LIN described in Article VI below), construction, management, operation and maintenance of the Facility; and, (vi) Reimbursement to CITY by DSRSD of the direct costs incurred by CITY (less credits to DSRSD for, among other matters, prior contributions for studies, and cost of the land acquisition assumed by DSRSD and other such costs and expenses benefiting CITY), prior to the implementation of a Joint Use/Operation Agreement, to the extent such CITY -incurred costs redound to the benefit of DSRSD. (d) LIN's property shall receive a credit equal to the value of the land dedicated to CITY (as established herein) for the difference between DSRSD's basic district -wide zone water connection fee (which fee shall be payable by LIN) and the sum of said district -wide fee and any local zone water connection fees (otherwise applicable to LIN's property within any local zone or subzone); provided, that the aforesaid credit shall be limited to the value of the land dedicated by LIN; provided, further, said credit shall not be given or granted to LIN with respect to any fees or charges allocable to LIN's land for pumping or providing other facilities or services above and beyond normal or standard local zone water distribution costs as determined by DSRSD. Section 2.5. Valuation of the Property. (a) LIN and CITY have obtained independent appraisals of the Property which appraisals have resulted in different values. LIN and CITY agree that the principle difference in value is as a result of a difference in Highest and Best use.palculations; CITY's appraiser using low -density residential and LIN's appraiser using medium -density residential. In order to resolve this difference, LIN and CITY agree to utilize the Land Use Designation to be established by the City of Dublin pursuant to its on -going East Dublin General Plan study. Accordingly, upon adoption of the General Plan by the City of Dublin, the appraisal which most Lin\docs\acquisit.agr