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r) r 1 Jan 10 02 10: 41a 5a, 4goayu i n flaunty 46P-'44 27 p Bear Creek; (c) an on-site back up power source for the pumping station equal or equivalent to a diesel generator with fuel tank, automatic switching gear and an appropriate enclosure; and (d) access points no greater than 450 feet apart on all gravity lines and force mains. 8. The District may require the D eveloper to oversize the design and construction j of any of the above-described wastewater facilities in order to accommodate future development (other than the Subdivision Property)in the District. The District shall reimburse the Developer for the actual incremental cost for any such oversizing,the terms of which reimbursement shall be set forth in the Main Line Extension Agreement. 9. The Developer shall fund improvements that are to be designed and constructed by the District at the District's wastewater treatment plant and disposal system and that are needed to expand those facilities to accommodate at least the first phase of development on the. Subdivision Property, including without limitation any acquisition and development of new treatment,storage and disposal areas. The Developer's funding shall be made through mechanisms to be determined by the District, including without limitation the Developer's prepayment of wastewater connection fees that are applicable to treatment and disposal. The Developer is negotiating with John Chaney for the assignment of 89 will-serve units that currently are reserved for the Uplands development project,which assignment would be subject to prior written consent from the District's Board of Directors. If the 89 will-serve units are assigned from the Uplands development to the Subdivision Property,then the improvements described above in this paragraph A.9 must be completed before the 90''' certificate of occupancy is issued for the Subdivision Property. If the 89 will-serve units are not so assigned,then those improvements must be completed bcforc any certificates of occupancy are issued for the first phase of development on the Subdivision Property. 10. Before design or construction begins an any of the water or wastewater facilities described above in this paragraph A,the District and the Developer shall enter into a main line extension agreement for the Subdivision Property in accordance with the applicable District ordinances,resolutions,rules and regulations (the."Main Line Extension A emene' . B. For the second phase and each subsequent phase of development on the Subdivision Property,the following actions rnustbe taken before any certificatesof occupancy are issued forthat particular phase: I. The Developer shall request the District to determine what amount,if any,of additional capacity is necessary in the District's wastewater treatment plant and disposal system to serve the number of units proposed for the particular phase of development on the Subdivision Property. •The District shall determine the amount of necessary additional capacity, and shall, determine the improvements that must be made to the District's wastewater treatment plant and disposal system to achieve the increased capacity,including without limitation any acquisition and; . r development of new treatment, storage and disposal areas. ` 2. The Developer shall fund the design and construction of improvements that the District determines are necessary to serve the particular phase of development on the Subdivision -3- F k k