Oversizing Sample Clauses

Oversizing. The Parties acknowledge that the Facilities, utilities and other improvements necessary to facilitate the Project also benefit property which may be located outside of the boundaries of the Urban Renewal Plan, and/or the BID. As such, the City, CSU and the Authority agree that they will work with the BID and the Master Developer to establish and implement cost recovery from benefitted properties on a pro rata basis. The Parties agree that nothing in this Agreement is intended to require that the Parties create a new rule, regulation or process to accomplish this. Rather, the Parties believe that each has certain existing authority under the Regulations, and agree that, within such authority, the Parties will cooperate to seek cost reimbursement to the Party who paid the cost where appropriate. With respect to the Authority, the Parties acknowledge that the Authority has no source of revenue other than incremental tax revenues created pursuant to an urban renewal plan approved by the City, and that its ability to obtain contributions to offset the benefits of the Facilities received by benefitted properties is contingent upon the approval by the City of one or more new urban renewal plans which include benefitted properties.

Oversizing. The parties agree that the facilities summarized below are sized larger than are necessary to service the subject tract, and that the developer's recoverable dollar amount attributable to such oversizing is $ , plus interest at the annual rate of %. (List below the type of improvement and dollar cost of oversizing in that improvement).

Oversizing. Except as otherwise provided herein, Developer shall not be required to construct or fund any Public Infrastructure so that it is oversized to provide a benefit to land outside the Property (“Oversized Public Infrastructure”) unless: (1) the Oversized Public Infrastructure does not unreasonably interfere with Developer’s development schedule or the Concept Plan; and (2) the City has secured adequate funds or financing for the City's portion of the costs of construction attributable to the oversizing at the time the City requests the construction of the Oversized Public Infrastructure. In the event Developer constructs or causes the construction of any Oversized Public Infrastructure on behalf of the City, the City shall be solely responsible for all costs attributable to oversized portions of the Oversized Public Infrastructure. Notwithstanding the foregoing or any other provision of this Agreement, any waterline or sewer line that is 12 inches or less in diameter shall not be considered Oversized Public Infrastructure.

Oversizing. Measurements of aortic annulus [A], diameter of sinus of valsalva [B], diameter of the sinotubular junction [C] and the aorta ascendens [D].

Oversizing. To the extent that any Improvements are over-sized for the benefit of the Town or other adjacent parcels not within the Property (each a “Benefitting Party”), the Town will facilitate the reimbursement of the pro rata share of such over-sized Improvements from the applicable Benefitting Party as a condition of final plat for the Benefitting Party’s parcel or any portion thereof, and promptly remit such reimbursed amounts to the Developer.

Oversizing. Oversized lines typically are those in excess of eight (8) inches in diameter. Any reimbursement for oversizing shall be determined in accordance with Chapter 5.36 of the XXXXX REGIONAL WASTEWATER DISTRICT Code and by the Board of Commissioners by motion prior to the start of construction. The nature and extent of the oversizing as approved by the Board is shown in the attachment, which is by this reference made a part of this Agreement.

Oversizing. The Developer shall oversize utilities as requested by the City Public Services Director or the City Engineer. The City shall reimburse the Developer for any oversizing expenses incurred by the Developer at the City’s request in an amount equal to the difference between the actual cost incurred by the Developer and the cost that the Developer would have incurred had normal pipe sizes been used (normal size for water and sanitary sewer is 8 inches). The City Engineer shall determine the oversizing reimbursement, in his/her reasonable discretion, using pipe pricing provided by the Developer’s contractor.

Oversizing. The WSC may require any part of the On-Site Facilities and Off-Site Improvements to be oversized in anticipation of the needs of other customers, subject to the obligation to reimburse Developer for any such oversizing. Notification of such oversizing shall be in writing and provided to Developer not later than the date of approval of the On-Site Facilities and Off-Site Improvements plans and specifications by the WSC’s consulting engineer. The WSC shall reimburse Developer for the additional costs of construction attributable to the oversizing, as reasonably determined by the WSC’s consulting engineer. Such reimbursement shall occur not later than the date of the WSC’s acceptance of the On-Site Facilities and Off-Site Improvements, as set forth in Paragraph 7.

Oversizing. Where a specific size is not stated in this Agreement with respect to any improvements or other facilities to be provided by Developer hereunder, the size shall comply with the larger of the City’s standard roadway or infrastructure extension requirements consistent with the City’s overall wastewater or transportation system or the requirements reasonably needed to support Developer’s project as determined by a traffic impact analysis or other scientific analysis of the infrastructure needs of the Property (the “Sizing Standard”). Subject to the provisions of this Section 5.7, the City may require Developer to “oversize” any improvements or other facilities to be provided by Developer hereunder; provided, however, City and Developer shall, prior to requiring the upsizing of infrastructure, meet in good faith to determine how to fund the cost differential between the Sizing Standard and the “upsized” infrastructure and Developer shall not be obligated to upsize unless the parties can agree on a funding mechanism or City funds the incremental cost difference between the cost of materials and labor for the construction/installation of the Sizing Standard and the actual materials and labor cost of the oversized component. Notwithstanding the provisions of this Paragraph, none of the Public Improvements shall be subject to this Paragraph or deemed to be “oversized” for any purposes.

Oversizing. If, in the opinion of the District, an increase in line size is necessary in order to provide an acceptable level of service to the Developer parcel or other Customers within the District, the Developer may be required to provide oversized pipelines and/or facilities. The cost for the “oversizing” of such pipelines and/or facilities shall be borne by the Developer. The basis for such costs shall be the difference in unit prices between the maximum line size which is the Developer’s responsibility and the actual size to be constructed. The cost for the design and preparation of contract documents of these “oversized” pipelines shall be the sole responsibility of the Developer. If the District determines that it will construct the facilities, the Developer shall submit payment for the cost thereof. The District will not issue a notice of award until such payment has been made. The District may collect fees or charges as determined by the Board from other Customers served by the “oversized” facilities and may, as determined by the Board, reimburse the Developer for all or a portion of the oversizing cost incurred by the Developer.