Common use of Water Improvements Clause in Contracts

Water Improvements. Public water shall be extended to the Property as provided for in the APFO XXX. The Project will pay tap fees in accordance with the fee schedule in effect at the time of application and the County shall issue such tap approvals in the normal course as a ministerial function. The Developer may request water capacity fee credits pertaining to the provision of public water to the Property, if the applicable requirements of the Xxxxxxxxx County, Maryland Water and Sewer Rules and Regulations are satisfied. The Xxxxxxxxx County Division of Utilities and Solid Waste Management has confirmed that upon construction of certain improvements and a water tank, there is available capacity for 1,250 residential dwelling units and 280,000 square feet of commercial use/and public use high school site, a community park, and a fire and rescue station. The Developer may dedicate a +/- 2.0 acre public use site (as shown and described in the PUD Phase I Plan) (the “Water Tank Site”, shown as area 1 on EXHIBIT 7) to the County, for use as a water tank site, should one be needed at the Property, if the County determines one is necessary after evaluating the regional needs while taking into account this Project and the Landsdale PUD and if the County further determines that such water tank shall not be sited on the Landsdale PUD property. The parties acknowledge and agree that irrespective of the final location of the water tank, the parties, along with the developer of the Landsdale PUD, will enter into a public-private memorandum of understanding regarding cost-sharing related to construction of the water tank ("Water Tank MOU"); such Water Tank MOU shall be negotiated and considered separately from this Agreement, and separately from the APFO XXX, and neither this Agreement nor the APFO XXX shall be required to be amended to finalize the Water Tank MOU. If the County acquires and begins construction on the Water Tank Site prior to the Project being developed to the point when public roads are available to serve the Water Tank Site, the Developer shall provide temporary private access to the Water Tank Site in a location to be approved by the Developer and the County. In the event the Project is not developed to the point at which adequate public road access serves the Water Tank Site, the Developer shall not be responsible for bonding related to improvements to serve the Water Tank Site, until such time as the Developer intends to develop such portion of the Project.

Water Improvements. Public water shall be extended to the Property as provided for in the APFO XXX. The Project will pay tap fees in accordance with the current fee schedule in effect at the time of application and the County shall issue such tap approvals in the normal course as a ministerial function. The Developer may request water capacity fee credits pertaining to the provision of public water to the Property, if the applicable requirements of Section IV.D. of the Xxxxxxxxx County, Maryland Water and Sewer Rules and Regulations are satisfied. The Xxxxxxxxx County Division of Utilities and Solid Waste Management has confirmed that upon construction of certain improvements and a water tank, there is available capacity for 1,250 1,510 residential dwelling units and 280,000 square feet of commercial use/and public use high school site, and a community park, and a fire and rescue station. The Developer may dedicate a +/- 2.0 acre public use site (as shown and described in the PUD Phase I Plan) (the “Water Tank Site”, shown as area 1 on EXHIBIT 7) to the County, for use as a water tank site, should one be needed at the Property, if the County determines one is necessary after evaluating the regional needs while taking into account this Project and the Landsdale PUD and if the County further determines that such water tank shall not be sited on the Landsdale PUD property. The parties acknowledge and agree that irrespective of the final location of the water tank, the parties, along with the developer of the Landsdale PUD, parties will enter into a public-private memorandum of understanding regarding cost-sharing related to construction of the water tank ("Water Tank MOU"); such Water Tank MOU shall be negotiated and considered separately from this Agreement, and separately from the APFO XXX, and neither this Agreement nor the APFO XXX shall be required to be amended to finalize the Water Tank MOU. If The BOCC shall process the Developer’s application(s) to amend the County acquires Water and begins construction on the Water Tank Site prior to the Project being developed to the point when public roads are available to serve the Water Tank Site, the Developer shall provide temporary private access to the Water Tank Site Sewerage plan in a location timely manner to be approved by accommodate the Developer and the County. In the event the Project is not developed to the point at which adequate public road access serves the Water Tank Site, the Developer shall not be responsible for bonding related to improvements to serve the Water Tank Site, until such time as the Developer intends to develop such portion build-out of the Project.

Water Improvements. Public water shall be extended to the Property as provided for in the APFO XXX. The Project will pay tap fees in accordance with the fee schedule in effect at the time of application and the County shall issue such tap approvals in the normal course as a ministerial function. The Developer may request water capacity fee credits pertaining to the provision of public water to the Property, if the applicable requirements of the Xxxxxxxxx County, Maryland Water and Sewer Rules and Regulations are satisfied. The Xxxxxxxxx County Division of Utilities and Solid Waste Management has confirmed that upon construction of certain improvements and a water tank, there is available capacity for 1,250 1,510 residential dwelling units and 280,000 square feet of commercial use/and public use high school site, a community park, and a fire and rescue station. The Developer may dedicate a +/- 2.0 acre public use site (as shown and described in the PUD Phase I Plan) (the “Water Tank Site”, shown as area 1 on EXHIBIT 7) to the County, for use as a water tank site, should one be needed at the Property, if the County determines one is necessary after evaluating the regional needs while taking into account this Project and the Landsdale PUD and if the County further determines that such water tank shall not be sited on the Landsdale PUD property. The parties acknowledge and agree that irrespective of the final location of the water tank, the parties, along with the developer of the Landsdale PUD, will enter into a public-private memorandum of understanding regarding cost-sharing related to construction of the water tank ("Water Tank MOU"); such Water Tank MOU shall be negotiated and considered separately from this Agreement, and separately from the APFO XXX, and neither this Agreement nor the APFO XXX shall be required to be amended to finalize the Water Tank MOU. If the County acquires and begins construction on the Water Tank Site prior to the Project being developed to the point when public roads are available to serve the Water Tank Site, the Developer shall provide temporary private access to the Water Tank Site in a location to be approved by the Developer and the County. In the event the Project is not developed to the point at which adequate public road access serves the Water Tank Site, the Developer shall not be responsible for bonding related to improvements to serve the Water Tank Site, until such time as the Developer intends to develop such portion of the Project.