RES 97148 - Laserfiche WebLink

number of days between the commencement of Phase Five and the date of the Phase Five Deferment Notice, with a further adjustment to take into account any time elapsed in conjunction with previous deferments as determined pursuant to subparagraphs (a) through (d). All Phase Five Permits other than Phase Five Deferred Permits shall expire and the sewer capacity represented thereby shall revert to the sole control of the City as of three hundred thirty-five (335) days following commencement of the Phase Five use period, except that for any permits previously deferred the time of expiration shall be adjusted pursuant to subparagraphs (a), through (d) to account for the time elapsed, if any, in conjunction with their previous deferment(s). Notwithstanding the foregoing, in case of Phase Five Permits which have been used to obtain building permits, that sewer capacity shall not revert to the City unless the building permit expires pursuant to Uniform Building Codes standards or Owner fails to request a Final Building Inspection of the basic shell building within three (3) years after issuance of the building permit. (f) Phase Six. Phase Six shall be the period commencing two (2) years after the commencement of Phase Five. At the commencement of Phase Six, Owner shall be entitled to use any remaining unused sewer capacity as needed for the construction of additional square footage of allowed uses up to the maximum density approved for the Property ("Phase Six Permits"). (Phase Five Deferred Permits shall be considered to be Phase Six Permits as of the commencement of Phase Six.) The required sewer capacity shall be based on the sewer coefficients specified in Section 7 of the First Amendment. Owner shall also have the option of deferring any Phase Six Permits to Phase Seven by providing written notice to City ("Phase Six Deferment Notice"). The Phase Six Deferment Notice may be given at any time on or after the commencement of Phase Six, and shall specify the number of Phase Six Permits to be deferred ("Phase Six Deferred Permits"). As of the date of the Phase Six Deferment Notice, all Phase Six Deferred Permits shall again be subject to a restriction against their use until the commencement of Phase Seven. This restriction shall toll the time remaining for use of Phase Six Deferred Permits, which remaining time shall equal three hundred thirty-five (335) days less the number of days between the commencement of Phase Six and the date of the Phase Six Deferment Notice, with a further adjustment to take into account any time BPHSF6\CJB\0212209,01 01/10/96 4.