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ATTACHEMENT 2
<br /> Notwithstanding the foregoing, the Capacity Rights allocated to Owner's Property by
<br /> virtue of the Connection Fees paid by Applicant shall remain allocated to Owner's
<br /> Property and shall run with such land, subject to the provisions of to the City Code
<br /> relating to the reduction, expiration, or termination of Sewer Permits and Capacity
<br /> Rights. At the term of the five (5) year agreement the Capacity Rights allocated
<br /> automatically revert to the City and an evaluation of the five (5) year flows would be
<br /> analyzed to determine if additional sewer fees would a. =_ .
<br /> 4. Allocation Expressly Conditional on Continui r = ;(• erations: During the term of
<br /> this Agreement, should the City determine , 'cant's Project has ceased
<br /> operations, all rights and privileges of Owne :; _ • App „ under this Agreement,
<br /> shall cease and, upon the written req +f City, the may terminate this
<br /> Agreement upon five (5) days' wri otice, whereupo =y Capacity Rights
<br /> allocated pursuant to the Sewer ' t issued hereunder sh- .s specified in
<br /> Paragraph 3 (Term of Agreement, i'•ctof Term == ion), revert to i'. = > and become
<br /> the property of City. City's right of .'r atio • :; " - r this Paragraph • is in addition
<br /> to, and separate from, City's right o sn pursuant to Paragraph 6 (Hold
<br /> Harmless).
<br /> 5. Non - Assignability. Ne - t ; -ement, any interest herein, may be
<br /> assigned, conveyed, or in a s = anner • .. ed b • ner or Applicant to anyone,
<br /> including a • sor to th. w t` - ' : - 's Property) or any successor to
<br /> the own- pp 's Proje. _ . or by one s more tenants thereof, without the
<br /> prior -n conse rereto sis,; - by the City Manager and the City's General
<br /> Ma which co may be , itioned upon the signature of the successor(s)
<br /> upon a ' dabl• - _• by w :,a the successor(s) assume(s) all of the rights
<br /> .. d oblig. pre. • I er this Agreement, which shall, at the election
<br /> the .r the City, be r- orded against the Owner's Property upon which
<br /> the • .nt's ect is or was located. City and City shall not unreasonably
<br /> withhol a . nse ` • n assignment to the successive owner(s) of Owner's Property
<br /> or to the su. :. sive o • r(s) of Applicant's Project.
<br /> stwithstand the foregoing, no assignment of the Sewer Permit issued hereunder,
<br /> e Cap. ,: • ights pertaining thereto, shall be made with respect to any other
<br /> pr. _ : Owner's Property hereinabove defined except as specified in
<br /> Parag or 4 above.
<br /> 6. Hold Harmless. Applicant shall hold harmless, defend, and indemnify City, its
<br /> Council, officers, employees, consultants, and agents District, its Board of Directors,
<br /> officers, employees, consultants, and agents from and against any and all claims,
<br /> suits, causes of action, or other proceedings for damages, injuries, losses, costs
<br /> (including attorneys' fees and costs of suit or other dispute resolution processes), or
<br /> any other liability arising out of, or in connection with, the performance, or failure to
<br /> perform, any of the duties and obligations of Applicant hereunder. The duty to
<br /> defend shall include provision for all costs and fees, including attorneys' fees,
<br /> Page 4 of 8
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