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SECTION <br /> <br /> For and in consideration of the covenants and conditions to be kept and performed <br />by COUNTY and FAIR BOARD, as provided herein, CITY agrees to: <br /> <br /> 1. Charge the Alameda County Fairgrounds for sewage capacity and use at the <br />rate for neommereial, all other" uses as defined on page 6-4 and shown on page 6--9 of <br />the Brown and Caldwell report "User Charge-Industrial Cost Recovery Study,n May 1979 <br />for a monthly aYerage use of 80,000 GPD and reserve for Alameda County Fairground~ <br />for sewage capacity and use at a monthly averge use of 75,000 GPD. <br /> <br /> 2. Review the water metering program of the Fairgrounds and monthly average <br />usage rates on a monthly basis. In determining monthly average use, the peak use <br />occurring during those parts of June and July which encompass County Fair activities <br />shall be excluded for purposes of calculation. <br /> <br /> 3. Accept and consider future applications by COUNTY and/or FAIR BOARD for <br />additional capacity subject to availability. Granting of additional capacity shall be at <br />sole discretion of CITY. <br /> <br /> 4. Maintain in good operating condition the main sewerage transmission <br />facilities within and leading from the Alameda County Fairgrounds. <br /> <br />SECTION III <br /> <br /> For and in conSideration of the covenants and conditions to be kept by the parties <br />hereto, COUNTY, FAIR BOARD, and CITY mutually agree: <br /> <br /> 1. That this agreement will take effect only upon approval of the rate structure <br />and method of flow computation contained herein by the California State Water <br />Resources Control Board, Sacramento, California; and <br /> <br /> 2. That by no later than Aug.15, 1980 the CITY will request that the necessary <br />changes to the adopted revenue program be approved and that this agreement be <br />approved by the State Water Resources Control Board. <br /> <br /> 3. That this Agreement may be modified only by written agreement by all <br />parties hereto; and <br /> <br /> <br />