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rights in and to the Original Capacity shall be hereafter reserved <br />by the City and are not subject to forfeiture pursuant to the <br />terms and conditions of the Settlement Agreement. <br />b) Notwithstanding the foregoing, in the event that <br />any third party should successfully challenge the determination <br />and agreement set forth in subparagraph (a) above, with the <br />result that any remaining balance of the Original Capacity reverts <br />tothe City notwithstanding the provisions of this Agreement and <br />the actions of the parties, the City agrees to sell such sewer <br />capacity which so reverts to the City to Properties in consideration <br />of the payment by Properties of the then applicable sewer connection <br />fees. However, Properties shall be given credit for any local <br />Sewer Surcharge fees already paid pursuant to Section 2- 15.13(c) <br />P.M.C. or its predecessor section. In the event of any such <br />successful third -party challenge, the City shall have no obligation <br />or liability to Properties in respect thereof beyond the agreements <br />set forth in this Paragraph 1. <br />c) In partial consideration of the agreements set <br />forth in this Paragraph 1and elsewhere in this Agreement, Properties <br />agrees to pay to the City, concurrent with the final execution <br />and approval of this Agreement by the City, the sum of $32,718 as <br />prepayment in full, inrespect of the 35,113 gallons per day <br />GPD ") of sewer discharge capacity remaining for completion of <br />the Center as discussed in Paragraph 3(a) below, of the Development <br />Agreement fees in accordance with the provisions of paragraph 5 <br />of the Development Agreement dated July 20, 1981, between the City, <br />Properties, and Wells Fargo Bank, National Association, asTrustee <br />under its Trust No. 5- 102511 for the benefit of Stoneridge Peripheral, <br />3-