GARDEN GROVE SANITARY DISTRICT (2)

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Size of Sewer Pereenta e of Sewer Diameter Existing Shared Sewers (All Diameters) 62% New or Replacement Shared Sewers (>I8" in Diameter) 62% New or Replacement Shared Sewers (<18" in Diameter 50% If one Party to this Agreement determines by field measurements that a portion of a shared sanitary sewer is flowing at, above or within 10% of capacity, as defined herein, that Party shall immediately notify the other Party in writing, setting forth the sewer line capacity limits, the measured flow, and the depth of the peak dry weather flow, and provide any other information and documentation relating to the flow supporting the determination which the notifying party possesses. Upon determination and notification that a sanitary sewer, or a portion or portions thereof, is at or exceeding capacity, both Parties shall immediately cease issuance of any additional sewer connection permits and permits for increases in the number of restrooms, sinks, showers, bathtubs, or square footage in existing building that directly or indirectly convey wastewater to those portions of that sewer that is at or exceeding capacity. The cessation of issuance of sewer connection permits and permits for increases in the number or restrooms, sinks, showers, bathtubs, and square footage in existing buildings shall continue in force until sufficient additional sewer capacity has been constructed and been placed in operation as provided for herein. (b) Maintenance, City and District each agree to maintain the portions of the shared sanitary sewers as shown on Exhibit "A" which are located within their respective jurisdictions in good condition and in at least the same manner and at the same frequency as all other comparable sanitary sewers maintained by City or District. Costs for routine maintenanceofany portion of a shared sanitary sewer shall be borne by the Party within whose territory the shared sanitary sewer is located. For purposes of this Agreement, routine maintenance shall include anything that is within the normal scope of sewer line maintenance duties of the responsible Party's employees or contractors, including, but not limited to, regular cleaning of the. entire system (including more frequent cleaning at problem areas), visual and closed circuit television inspection and re -inspection, pump station maintenance, and root removal. Any repair in excess of the normal scope of such duties, or which is necessitated by changes from the plan design conditions, shall be undertaken pursuant to Paragraph 1(c). (c) Replacement or Repair of Shared Sanitary Sewers. Both Parties acknowledge and agree that the shared sanitary sewers have a finite life and eventually, due to damage or deterioration, all or portions of the shared sanitary sewers may need to be repaired or replaced. When a Party determines that a portion of shared sewer within its jurisdiction is in need of repair or replacement, it shall immediately notify the other Party in writing, setting forth a description and schedule of repair or replacement and the estimated cost thereof. Unless the work is required to abate a public health or welfare problem, it shall be scheduled so that both parties can budget for the project in the second Subsequent fiscal year, effectively allowing both parties to budget for the project two years after determination of need of repair or replacement. Work required to abate a public health or welfare problem shall be commenced irmnediately. Except in the case of work required to immediately abate a public health or welfare problem, the Parties shall meet to review the plans and specifications for the repair or replacement of the shared sanitary 3796831