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The City has placed into a Trust Fund ("the Trust Fund") the fees representing the <br /> difference between the sewage treatment capacity which the Owner drew down (70,645 <br /> gallons/day) and the sewage treatment capacity to which, as adjusted and as shown in the <br /> attached Exhibit 2, the Owner is entitled to flow (54,434 gallons/day). <br /> In addition, Owner purchased from the Dublin San Ramon Services District, as <br /> part of a 1986 Pre-sale Agreement (the Pre-Sale Capacity), an additional 33,000 <br /> gallons/day of sewage treatment capacity, subject to paying the then current City's <br /> connection fee. <br /> Recalculation of the office sewage coefficient used for sewage capacity needs of <br /> office uses has caused a dispute between the City and the Owner in the application of the <br /> provisions of the 1981 Agreement, including the reasonableness of the original purchase <br /> requirements, the necessity and timing of purchase installments 4-7, the effect of <br /> non-payment of installments 4-6 as invoiced, and the term of the 1981 Agreement. <br /> The City and the Owner are willing to satisfy the Owner's Park Obligation and to <br /> resolve the dispute over the 1981 Agreement as provided herein. <br /> NOW, THEREFORE, in consideration of the mutual promises expressed in this <br /> Agreement, the parties agree as follows: <br /> 1. The statements made in the recitals are incorporated herein as part of this <br /> Agreement. <br /> 2. Owner is relieved of any obligation for making installments 4, 5 and 6 <br /> under the 1981 Agreement, which installments were invoiced, but not paid; Owner <br /> relinquishes all right, title and interest in and to the capacity (364 RDE's or 80,150 <br /> gallons/day) represented by these installments. <br /> 3. Owner is relieved of any obligation for making installment 7, which <br /> installment has not been invoiced, and Owner relinquishes all right, title and interest in <br /> and to the capacity (121 RDE's or 26,714 gallons/day) represented by this installment. <br /> 4. With the office coefficient adjustments and with adjustments to reflect <br /> current flows, Owners shall have paid for and be entitled to flow at the total rate of <br /> 52,434 gallons/day, as shown in the attached Exhibit 2; these rates shall be the flow rights <br /> applicable for each of the properties until such time as additional capacity may be <br /> purchased and assigned to them. <br /> 5. City shall refund to Owner the funds in the Trust Fund, estimated to be <br /> $315,000. <br /> (PARKBaasAJ�t) 3 <br />