Common use of Maximum Level of Development Clause in Contracts

Maximum Level of Development. In addition to the restrictions contained in the Development Guide Agreement, (a) the total permitted DUs, OAUs and CSF which may be developed within the Xxxxxx Creek Village Property shall not exceed a maximum water and sewer tap allocation of those existing single family equivalents already allocated to certain portions of the Xxxxxx Creek Village Property plus 682 single family equivalents, and (b) the total permitted DUs, OAUs, and CSF which may be developed within the Xxxxxx Creek South Parcel and the Xxxxxx Creek North Parcels shall not exceed a maximum water and sewer tap allocation of those existing single family equivalents already allocated to certain portions of the Xxxxxx Creek South Parcel and the Xxxxxx Creek North Parcels plus 333 single family equivalents. The FDP Properties’ development at the densities contemplated in the Development Guide Agreement is expressly conditioned upon the ability of Grand County Water and Sanitation District No. 1 (“GCWSD”) to serve the FDP Properties with adequate water and sanitary sewer resources. In the event that GCWSD has insufficient water and sanitary sewer resources to serve the FDP Properties, the maximum development densities permitted within the FDP Properties shall be limited to the lesser of (a) the development densities for DUs, OAUs, and CSF set forth in the Development Guide Agreement; or (b) the maximum densities which may be adequately served by the water and sanitary sewer resources which GCWSD has available from time to time, as the same may be supplemented by dedications or cash payments in lieu of dedication by Owners, or any of them, to GCWSD.