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the existing improvements owned by Properties within the Center <br />and for the'anticipated future phased completion of the Center, <br />namely, the addition 6f a fourth and ~o~entially fifth major <br />department store, together with related mall store and/or potentially <br />other retail/commercial improvements. (The foregoing figure of <br />32,842 gallons per day of sewer discharge capacity has been <br />calculated by Properties as its good faith estimate of the amount <br />of sewer capacity necessary for the anticipated completion of the <br />Center as aforesaid; in the event that Properties or its successors <br />shall, for any reason, require sewer capacity in excess of said <br />figure inrespect of such future development, the City <br />shall have no liability or obligation to Properties in respect of <br />such additional needed capacity, and Properties or its successors <br />shall obtain such additional needed capacity, to the extent <br />available, from the City as provided in subparagraph (d) below.) <br /> <br /> (b) The difference between the Remaining Capacity and <br />such estimated future needs to commlete the development of the <br />Center is 2,271 gallons of discharge capacity, which Properties <br />shall assign to the owner/developer of the Remaining Parcel in <br />connection with the sale thereof by Stoneridge Peripheral. All <br />or any part of the Remaining Capacity not assigned in connection <br />with the development of the Remaining Parcel may be transferred <br />and assigned to subsequent owner(s) or lessee(s) of all or any <br />part of the Center, subject to the rights and limitations as set <br />forth in this Agreement. The parties acknowledge that it is the <br />intention of the purchaser of the Remainin~ Parcel to request <br />additional sewer discharge capacity from the City, pursuant to <br /> <br />-9- <br /> <br /> <br />