Wastewater Treatment Capacity. The City and the Developer agree that there is capacity in the wastewater treatment facility to serve (1) existing residents and businesses that are already hooked up to the facility, (2) anticipated residents and businesses through build-out of the City’s existing General Plan, and (3) the Project. The City and the Developer acknowledge and agree that reserving this capacity for the Project, such that sewer hookups shall be available at such time as they are needed as the Project builds out, is a material element of the consideration provided by the City to the Developer in exchange for the benefits provided to the City under this Agreement. The Parties recognize the availability of sufficient sewer capacity may be affected by regulatory or operational constraints that are not within the City’s discretion. To the extent the availability of sewer capacity is within the City’s discretion (e.g., whether to extend sewer service to areas not currently within the City’s service area), the City shall not approve providing such capacity to areas currently outside the City’s service area if this approval would prevent or delay the ability of the City to provide sewer hookups to the Project as the Project requires hook-ups or connections. This provision shall not affect the City’s ability to provide sewer service within its service boundaries or within the existing City boundaries as they exist on the effective date of this Agreement, and as to such connections, the Parties requesting sewer service shall be connected on a first come first served basis. The Developer shall pay the applicable connection charge pursuant to that specified in Exhibit I of this Agreement at the time of building permit issuance. The Developer acknowledges that connection charge may increase substantially over time and that the cost to comply with the City's new NPDES permit, as they may be approved from time to time during the term of this Agreement, may be substantial.
Wastewater Treatment Capacity. This Contract does not obligate the City to reserve any wastewater treatment capacity at any present or future wastewater treatment plant, or to construct or otherwise provide any new or additional wastewater treatment plant or capacity.
Wastewater Treatment Capacity. (1) Upon the Effective Date, City shall make available capacity from the existing City wastewater treatment plant sufficient to provide the Xxxxx Project with adequate wastewater treatment capacity for eight hundred (800) single-family detached residential units, a swim center and Storage Uses ( Xxxxx Initial Capacity ). There shall be no cost to Owner for the Xxxxx Initial Capacity
Wastewater Treatment Capacity. [placeholder].
