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<br />purchased, leased or otherwise acquired by Flatirons on the open <br />market. City is not, in any way, obligated to provide Flatirons <br /> <br />with sewerage treatment capacity but shall use its best efforts to <br /> <br />assist Flatirons in obtaining any additional capacity Flatirons <br /> <br />deems necessary. <br /> <br />(b) <br /> <br />Except as provided in Section 8, City shall timely supply water for new <br /> <br />construction when and as needed to Flatirons, in sufficient quantities to serve the <br /> <br />needs of the Project, including, without limitation, potable usages, fire suppression <br /> <br />and landscaping usage. Flatirons shall pay for water consumption at the same rates <br /> <br />as other water users in City. <br /> <br />15. <br /> <br />Flatirons Contribution <br /> <br /> <br />No later than 30 days after the date on which Flatirons receives a <br /> <br />building permit for construction in the Zone (as defined in Section 3) in which <br /> <br />Flatirons first commel1ces construction, Flatirons shall pay to City $400,000 as <br /> <br />additional consideration for this Agreement. City shall place the sums paid by <br /> <br />Flatirons under this Section 15 in a fund administered by City. City shall expend the <br /> <br />fund for a permanent fire station in Redwood Shores and for either a community <br /> <br />center or any other community purpose in Redwood Shores that City determines <br /> <br />appropriate. <br /> <br />16. <br /> <br />Permitted Delay. <br /> <br />Flatirons is not in default under this Agreement and has complied in good <br /> <br />faith with this Agreement where any delay by Flatirons in the performance of any <br /> <br />-32- <br /> <br />DV AGR0'3,DOC <br />August 26, 1996 <br />