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i. Working cooperatively with City staff, Flag City will develop an application for connection <br /> to its Collection Facilities and require that all future applicants submit responses to <br /> questions designed to elicit their facilities compliance with the goals contained in this MOU <br /> and the discharge permit issued by City to Flag City. Flag City will copy City with all <br /> applications so submitted within 5 business days of receipt. <br /> j. County represents that it is its existing policy that areas in the Highway 12/Flag City <br /> Corridor will only be approved for development to the extent they are consistent with the <br /> County's goals and policies set forth in this MOU. <br /> k. Business Improvement District: Pursuant to California Streets and Highways Code <br /> Section 36521.5, County hereby consents to the inclusion of County Service Area No. 31 <br /> in the Lodi Tourism Business Improvement District codified in Lodi Municipal Code <br /> Section 12.07 et seq. City shall be solely responsible for the implementation and <br /> collection of any such tax and/or fee associated with the inclusion of the District and <br /> County's consent is limited to allowing City to follow proper procedures for implementation <br /> and collection of such fee and or tax. <br /> I. District Expansion: County agrees that it will not expand the boundaries of the Flag City <br /> Service Area in a manner that results in the need for additional City sewer capacity, <br /> without the express written consent of City, which City may withhold in its absolute <br /> discretion. County and City agree that a minimum condition for this approval will be entry <br /> of a tax-sharing agreement for all property added to the service area <br /> m. Design Guidelines: Working cooperatively with City staff, County will develop design i <br /> guidelines for all new construction within County Service Area No. 31, for adoption <br /> through applicable land-use hearing processes. <br /> 3. Reimbursement. County shall reimburse the City for all costs incurred by the City in connection <br /> with the project. The City will provide County with an estimate of these costs in advance of <br /> connection. County shall deposit the estimate with the City within 30 days of receiving the <br /> estimate. City will bill all costs against the deposit. In the event the deposit is exceeded, County <br /> shall pay the difference to the City within 30 days of notice. Any excess will be refunded to <br /> County within 30 days. <br /> 4. Relationship of Parties. <br /> a. It is understood that the relationship between the parties is an MOU relationship <br /> between public agencies and not an agency; and nothing herein shall be <br /> construed to the contrary. <br /> b. The Parties agree that nothing contained herein, or in any document executed in <br /> connection herewith, shall be construed as making the parties joint venturers or <br /> partners. <br /> C. This MOU is made and entered into for the sole protection and benefit of the <br /> parties and their successors and assigns. No other person, including but not <br /> limited to the residents (past, current, anticipated or future) of County Service Area <br /> No. 31, or developers or owners proposing projects within or outside the <br /> boundaries of County Service Area 31, shall have any right of action based upon <br /> FLAG CITY MOU-MOU.DOC -5- <br />