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Size of Sewer <br />Percentage of Server Diameter <br />Existing Shared Sewers (All Diameters) <br />62% <br />New or Replacement Shared Sewers (>18" in Diameter) <br />62% <br />New or Replacement Shared Sewers (<18" in Diameter) <br />50% <br />If one Party to this Agreement determines by field measurements that a portion of a shared <br />sanitary sewer is flowing at, above or within 10% of capacity, as defined herein, that Party shall <br />irrunediately notify the other Party in writing, setting forth the sewer line capacity limits, the <br />measured flow, and the depth of the peak dry weather flow, and provide any other information and <br />documentation relating to the flow supporting the determination which the notifying party possesses. <br />Upon determination and notification that a sanitary sewer, or a portion or portions thereof, is <br />at or exceeding capacity, both Parties shall immediately cease issuance of any additional sewer <br />connection permits and permits for increases in the number of restrooms, sinks, showers, bathtubs, <br />or square footage in existing building that directly or indirectly convey wastewater to those portions <br />of that sewer that is at or exceeding capacity. The cessation of issuance of sewer connection permits <br />and permits for increases in the number or restrooms, sinks, showers, bathtubs, and square footage in <br />existing buildings shall continue in force until sufficient additional sewer capacity has been <br />constructed and been placed in operation as provided for herein. <br />(b) Maintenance. <br />City and District each agree to maintain the portions of the shared sanitary sewers as shown <br />on Exhibit "A" which are located within their respective jurisdictions in good condition and in at <br />least the same manner and at the same frequency as all other comparable sanitary sewers maintained <br />by City or District. Costs for routine maintenance of any portion of a shared sanitary sewer shall be <br />borne by the Party within whose territory the shared sanitary sewer is located. For purposes of this <br />Agreement, routine maintenance shall include anything that is within the normal scope of sewer line <br />maintenance duties of the responsible Party's employees or contractors, including, but not limited to, <br />regular cleaning of the entire system (including more frequent cleaning at problem areas), visual and <br />closed circuit television inspection and re -inspection, pump station maintenance, and root removal. <br />Any repair in excess of the normal scope of such duties, or which is necessitated by changes from <br />the plan design conditions, shall be undertaken pursuant to Paragraph I(c). <br />(c) Replacement or Repair of Shared Sanitary Sewers. <br />Both Parties acknowledge and agree that the shared sanitary sewers have a finite life and <br />eventually, due to damage or deterioration, all or portions of the shared sanitary sewers may need to <br />be repaired or replaced. When a Party determines that a portion of shared sewer within its <br />jurisdiction is in need of repair or replacement, it shall immediately notify the other Party in writing, <br />setting forth a description and schedule of repair or replacement and the estimated cost thereof. <br />Unless the work is required to abate a public health or welfare problem, it shall be scheduled so that <br />both parties can budget for the project in the second subsequent fiscal year, effectively allowing both <br />parties to budget for the project two years after determination of need of repair or replacement. <br />Work required to abate a public health or welfare problem shall be commenced immediately. Except <br />in the case of work required to immediately abate a public health or welfare problem, the Parties <br />shall meet to review the plans and specifications for the repair or replacement of the shared sanitary <br />574683 1 <br />