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within CITY or DISTRICT will not have adequate capacity for the wastewater from <br />the planned ultimate development of the areas within DISTRICT and CITY tributary <br />to said certain facilities; and, <br />WHEREAS, because capacity rights in certain sewerage facilities will be <br />shared by DISTRICT and CITY, it is in the best interests of DISTRICT and CITY to <br />enter into an agreement to provide for the cost sharing of maintenance of sewers <br />in which DISTRICT and CITY will share capacity rights and to provide for funding <br />of the construction of future sewers within CITY or DISTRICT that may be <br />necessary to provide sufficient capacity to transport the combined ultimate <br />wastewater flows from portions of DISTRICT and CITY to the Orange County <br />Sanitation District facilities; and, <br />NOW, THEREFORE, in consideration of the payments herein provided and <br />the several obligations hereof, the parties agree: <br />1. Shared Sewers <br />(a) CITY hereby grants to DISTRICT and DISTRICT hereby grants to <br />CITY capacity rights so long as capacity is available in the shared sewers, the <br />locations of which are shown on Exhibit A attached hereto and described in <br />Exhibit B attached hereto. DISTRICT and CITY agree to use said shared sewers <br />only to transport wastewater from those portions of DISTRICT or CITY within the <br />tributary area as shown on said Exhibit A. The shared sewers, or portions <br />thereof, shall be deemed to be at capacity when the measured peak flow has a <br />depth equal to 75% of the sewer diameter. <br />When either party determines by field measurements that a portion <br />of a shared sewer is flowing at capacity, as defined herein, they shall <br />immediately notify the other party in writing, setting forth the limits, the <br />measured flow, and the depth of the peak flow. <br />PAWST <br />