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9.9.82 <br />C169-107 <br /> <br /> 2. Surcharqe. Buyer agrees to pay to the City <br />the surcharge set forth in the Allocation Agreement for the <br />purchase and use of the Lot Allocation, in addition to all <br />regular sewer connection fees, at the time of issuance of <br />building permits or sewer connection permits ("Permits") <br />based on the sewer capacity estimated to be used at the time <br />Permits are secured. The formula by which said surcharge is <br /> <br />to be determined pursuant to the Allocation Agreement is <br />reproduced in Exhibit B. <br /> <br /> 3. Other Capacity. Pursuant to the Allocation <br />Agreement and Amendment, Buyer may apply to the City for <br />sewer connections for the Lot, up to but not exceeding the <br />Lot Allocation, in accordance with the City's standard <br /> <br />requirements and procedures utilizing whatever current sewer <br />capacity exists until such time as the Lot Allocation is <br />available, and any capacity obtained for use on the Lot from <br />the normal sewer allocation and application procedures shall <br />be charged against the Lot Allocation. Buyer covenants not <br />to apply for or purchase from the City sewer capacity for <br />the Lot in addition to or in an amount exceeding the Lot <br />Allocation specified in Paragraph 1 until the Valley Busi- <br />ness Park Sewer Allocation is exhausted. Buyer acknowledges <br /> <br />that, except as provided in the Allocation Agreement, the <br />City is not required by the Amendment or this agreement to <br />issue Permits for the Lot if the City determines that sewer <br />capacity allocated to Valley Business Park has reached the <br />Valley Business Park Sewer Allocation. <br /> <br />-4- <br /> <br /> <br />