DEDICATION OF SEWAGE FACILITIES Clause Samples

DEDICATION OF SEWAGE FACILITIES. 1. The Developers shall offer the Sewage Facilities for Dedication within sixty days after (a) the construction of the Sewage Facilities have been completed and approved by the Authority Engineer, (b) the Sewage Facilities have been operated on a positive cash flow basis for at least six consecutive months and such positive cash flow operations have been certified by the Authority’s Certified Public Accountant, and (c) the Developers have completed the construction of buildings on ten of the thirteen buildings (or 75% of all buildings rounded to the nearest whole number should the Master Plan be revised to change the total number of buildings) depicted on the Master Plan for the Planned Industrial Parks and connected the said Buildings to the Sewage Facilities. The Authority shall accept dedication of the Sewage Facilities within 60 days of the date that the Developers offer to dedicate the Sewage Facilities to the Authority and the conditions to dedication have been satisfied by the Developers as provided for in this Agreement. 2. Before offering the Sewage Facilities not currently owned by the Township or Authority for dedication: a. Developers shall provide the Authority with sixty (60) days’ notice of its intention to dedicate, together with a financial statement prepared by a Certified Public Accountant certifying all Project Costs to the date of substantial completion and the payment of same (“Dedication Date”) b. During this sixty (60) day period, the Authority’ Engineer shall inspect the Sewage Facilities being offered for dedication. c. If the Sewage Facilities have not been completed in accordance with the Design Plans, the Authority shall provide to the Developers, within this sixty (60) day period, a punch list of incomplete or unsatisfactory items as determined by the Authority Engineer. The Developers shall then have thirty (30) days, or such other reasonable period of time as may be necessary in the situation as determined by the Authority Engineer after consultation with Developers, to correct the punch list items before re-inspection by the Authority. The Dedication Date shall be automatically extended until the correction of the punch list items. d. The Authority may accept dedication of the Sewage Facilities while the Developers continue to correct punch list items and the acceptance by the Authority of same will not be deemed a waiver of the obligation of the Developers to complete the punch list items. e. The Authority shall formally a...