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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 /> <br /> NOW, TtlEREFORE, the parties agree as follows: <br /> <br /> I. OBLIGATIONS OF CITY. <br /> <br /> 1.1 Allocation of Sewer Capacity. City agrees to allocate <br /> <br />63,000 GPD of sewer capacity to Caroline or assignee as the o~ner/ <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 for 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 /> <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 Willow West Agreement and issuance of sewer connection permits <br />as provided above. <br /> <br /> II. OBLIGATIONS OF CAROLINE. <br /> <br /> 2.1 Construction of On-and-Off 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 /> <br />-3- <br /> <br /> <br />