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<br />(ii) <br /> <br />(Redwood) Limited ("Mobil") under the <br />agreement relating to sanitary sewerage <br />treatment capacity by and between City and <br />Mobil dated May 1, 1978 ("Capacity Rights <br />Agreement") has assigned to Flatirons rights <br />to non-grant-eligible sewerage treatment <br />capacity ("Treatment Capacity Rights") <br />owned by RSP under the Capacity Rights <br />Agreement sufficient for the construction of <br />885,000 square feet of GBFA for office use and <br />50,000 square feet of GBF A for special <br />purpose accessory structures on the Property; <br />and <br /> <br />Throughout the term of this Agreement, <br />irrespective of present or future demands <br />within City for sewage treatment capacity, <br />City and City through District shall provide <br />Flatirons at no additional cost or expense to <br />Flatirons with sufficient sanitary sewerage <br />treatment capacity for the construction of up <br />to 885,000 square feet of GBFA for office use <br />and 50,000 square feet of GBFA for special <br />purpose accessory structures on the <br />Property. " <br /> <br />(b) <br /> <br />Section 14(a)(iv) of the Development Agreement is hereby <br /> <br /> <br />deleted in its entirety and replaced with the following: <br /> <br />"(iv) City shall sell additional sanitary sewerage <br />treatment capacity rights ("Additional <br />Treatment Capacity Rights") to Flatirons in <br />an amount up to 25,000 gpd, as needed, at a <br />cost of $2.50 per gpd (maximum cost $62,500.) <br />Any other sanitary sewerage treatment <br />capacity rights must be purchased, leased or <br />otherwise acquired by Flatirons on the open <br />market. City is not, in any way, obligated to <br />provide Flatirons with such other sewerage <br />treatment capacity rights but shall use its best <br />efforts to assist Flatirons in obtaining rights <br />to any other capacity Flatirons deems <br />necessary. " <br /> <br />-8- <br /> <br />2DAAMND8.DOC <br />