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above (hereinafter referred. to as "additional sewer capacity") <br />to Caroline and specifically to the proposed business .park, said <br />63,000 GPD capacity as defined in paragraph 2 of Exhibit "B". <br />NOW, THEREhORE, the parties agree as follows: <br />i. OBLIGATIQNS OF CITY. <br />1.1 Allocation of Sewer Capacity. City agrees to allocate <br />63,000 GPD of sewer capacity to Caroline or assignee as the owner/ <br />developer of Tract 4326 from that certain 500,000 GPD of '`'additional <br />sewer capacity" which is to be developed pursuant to the agreement <br />attached as Exhibit ''A". This allocation shall be reduced by the <br />amount of capacity actually obtained by Caroline far use on Tract <br />4326 from the normal sewer allocation and application procedures <br />prior to the completion and availability of said ''additional sewer <br />capacity." Upon .termination of this agreement at the. end of the <br />nine (.9) year term or upon earlier termination pursuant to Para- <br />graph 3,6 hereof, any portion of the 63,000 GPD '`additional sewer <br />capacity" for which building permits have not been issued shall be <br />returned to the City for reallocation by City at its sole discretion. <br />1.2 Good Faith Efforts. City agrees to use its good <br />faith efforts in securing all necessary governmental approvals <br />and all environmental documentation necessary for creation and. <br />allocation of that sewer capacity to be developed pursuant to <br />the tiallow tiJest Agreement and issuance of sewer connection permits <br />as provided above. <br />II. OBLIGATIONS OF CAROLITdE. <br />2.1 Construction of On-andr0ff Tract Improvements. <br />Caroline agrees to construct, at his expense, all public improve- <br />ments required by City through. its zoning and subdivision processes. <br />~3~ <br />