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within each respective agency's service area, committed flow <br /> shall control over use of the dwelling unit equivalent estimate <br /> in order to preserve incentive for each agency to undertake <br /> water conservation measures. However, each agency shall issue <br /> no additional connections for sewer capacity if the committed <br /> flow for that agency exceeds 95% of capacity allocated in <br /> Section 4 of this agreement. Upon that event, any additional <br /> connection by the affected agency shall require an engineering <br /> determination and agreement by both agencies that the treatment <br /> plant can adequately process the proposed increase, and that <br /> each agency has taken appropriate water conservation measures. <br /> Said agreement shall not be unreasonably withheld. <br /> Each agency shall establish a record keeping system that <br /> allows accurate and verifiable calculation of the committed flow. <br /> Each agency shall be responsible for estimating actual occupancy <br /> rates for apartments and other rental dwelling units. Each <br /> agency shall collect complete date from newly constructed <br /> developments on status of occupancy. Sources of verifiable <br /> information shall include water and sewer bill records for <br /> active and inactive services. The above data shall be collected <br /> and reported quarterly to the other agency, showing all back- <br /> ground data for calculation of committed flow. <br /> Section 4. Both parties understand and agree that controlling <br /> agreements and judgment allocate the 3.94 MGD canacity as <br /> shown below. Both parties further agree that actual canacity <br /> of the treatment plant is now 9.00 MGD and that the difference <br /> between 9.00 MGD and 8.94 MGD shall be split equally between <br /> them. <br /> -3- <br />