Common use of Capacity Reservation Clause in Contracts

Capacity Reservation. The Developer/Owner agrees, acknowledges, and accepts that the reservation of capacity is subject to the terms of the Engineer Letter of Findings (ELF) of which capacity may be dedicated permanently to the development provided: a. All necessary water/sewer construction, as determined by the Town, has been completed, accepted, and dedicated to the Town of Xxxxxxxx’x Station to accommodate the reservation of Wastewater capacity as provided in the Engineer Letter of Findings (ELF); b. All necessary construction submissions, as determined by the Town Staff, have been submitted by the Developer/Owner; c. All required payments have been submitted by the Developer/Owner to the Town pursuant to Town code, ordinance and/or Land Development Ordinance (LDO); d. The Developer/Owner acknowledges, agrees, and accepts that the Town shall determine the assignment of reservation of capacity based on the Engineer Letter of Findings (ELF), the Town code, ordinance, the LDO, and the compatibility of available taps. e. The reservation of wastewater capacity shall be based on the date of the entry of this Agreement, and subject to all prior commitments to and by the Town, and as provided herein.

Capacity Reservation. The Developer/Owner agrees, acknowledges, and accepts that the reservation of capacity is subject to the terms of the Engineer Letter of Findings (ELF) of which capacity may be dedicated permanently to the development provided: a. All necessary water/sewer construction, as determined by the Town, has been completed, accepted, and dedicated to the Town of Xxxxxxxx’x Station to accommodate the reservation of Wastewater capacity as provided in the Engineer Letter of Findings (ELF); b. All necessary construction submissions, as determined by the Town StaffStaff , have been submitted by the Developer/Owner; c. All required payments have been submitted by the Developer/Owner to the Town pursuant to Town code, ordinance and/or Land Development Ordinance (LDO); d. The Developer/Owner acknowledges, agrees, and accepts that the Town shall determine the assignment of reservation of capacity based on the Engineer Letter of Findings (ELF), the Town code, ordinance, the LDO, and the compatibility of available taps. e. The reservation of wastewater capacity shall be based on the date of the entry of this Agreement, and subject to all prior commitments to and by the Town, and as provided herein.