Purchase of Capacity for Future Development. For Future Development, when Xxxxx elects to Xxxxx shall purchase capacity in the CDD’s Wastewater System, such purchase shall be as follows:
(a) On each occasion that Wastewater Service Capacity is to be requested, Xxxxx shall submit a written Capacity Request Notice to the CDD specifying the capacity being requested and the proposed date of delivery of such capacity. Within thirty (30) days of receipt of the Capacity Request Notice the CDD shall notify Xxxxx in writing whether such capacity is currently available. If the CDD notifies Xxxxx that Wastewater Service Capacity in the amount specified in the Capacity Request Notice is currently available, Howey shall confirm its intention to purchase such capacity by tendering a capacity payment to the CDD at the then prevailing rate per ERU.
(b) If the CDD notifies Xxxxx that Wastewater Service Capacity in the amount specified in the Capacity Request Notice is not currently available:
(i) Xxxxx shall amend its request (A) to specify a capacity amount that is in increments not less than 435,000 GPD without the express written consent of the CDD, (B) to specify a proposed capacity delivery date that is not less than 24 full calendar months after the date of delivery of such notice, and (C) to estimate the anticipated increase in the maximum wastewater flow rate in GPM.
(ii) Upon receipt of the amended Capacity Request Notice, the CDD shall have one-hundred twenty (120) days to verify in writing whether a plant expansion to accommodate the requested increase in treatment capacity, the proposed delivery date, and the maximum wastewater flow rate are technically and economically feasible, including determining whether any adjustment to the prevailing capacity rate per ERU is adequate to cover all design and construction costs of the proposed expansion. The written verification from the CDD to Xxxxx shall advise whether the requested increase in treatment capacity is technically and economically feasible, and if feasible, shall further advise the estimated date by which the requested capacity should be available and the total capacity payment that will be due for the expansion.
(iii) If the CDD’s verification advises that the requested increase in treatment capacity is technically and economically feasible, Xxxxx shall have sixty (60) days to confirm its request by tendering the capacity payment to the CDD. Upon receipt of the capacity payment in the amount specified in the CDD’s verification to Xxxxx, the CDD shal...
Purchase of Capacity for Future Development. After analysis of its wastewater-treatment system in 2023 the CDD notified Xxxxx that it then had 413,000 GPD, or 1,652 ERU’s, of available, unreserved capacity (“Excess Capacity”) that may be assigned by Xxxxx to Future Development as Xxxxx may choose. Xxxxx may assign this Excess Capacity to Future Development as solely selected by Xxxxx. The parties expressly agree that the first assignments of the Excess Capacity shall include the following: • Xxxxx Market – one ERU, and • four lots adjacent to (but not part of) Venezia South and currently served by the Xxxxx Wastewater Utility – one ERU for each lot, a total of four ERU’s.
