Agmt80 Emerald Lakes Heights - Laserfiche WebLink

Browse Search

so long as this agreement shall remain in effect unless otherwise provided pursuant to paragraph 11. 3. NON-GRANT ELIGIBLE CAPACITY RIGHTS. (a) Sale. Subject to the terms and conditions hereof, City hereby sells, assigns, transfers, allocates and sets over unto County non-grant eligible capacity rights in the amount of 0.3 mgd, 500 Ibs/day BODS, and 500 Ibs/day TSS. (b) Rights. Ownership of the aforesaid non-grant eligible capacity rights, together with all rights and privileges of use appurtenant thereto, shall be vested in County upon the operative date of Authority's treatment plant, as the sole and exclusive possessor thereof, subject to the terms and conditions hereof. County shall allocate all; and all portions of, said non-grant eligible capacity rights to lands or activities situate within the Emerald Lake Hills Area as the same exists upon the date hereof, and subject to the provisions of paragraphs 3(c), G and 7, said non-grant eligible capacity rights shall remain so allocated for so long as this agreement shall remain in effect unless otherwise provided pursuant to paragraph 11. (c) Transfers. County may, upon written consent of City, evidenced by resolution of City's City Council, granted pursuant to the provisions hereinafter specified, sell, assign, lease, license, or otherwise dispose of, at and for, any consideration which County may determine to any person, firm, corporation, association, partnership, governmental agency, or other entity, County's non-grant eligible capacity rights for use outside the Emerald Lake Hills Area but within the sanitary sewerage service area of City as now or hereafter defined, or, subject to the additional written consent of Authority, for use outside both such areas but within the service area of Authority. -6- ~