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<br />ORIGINAL <br /> <br />SPECIAL SANITARY SEWERAGE PERMIT AND AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this (3 ~day of ~2000, <br />by and between the CITY OF REDWOOD CITY, a municipal corporat~ State of <br />California ("Redwood City"), and CIRCLE STAR CENTER ASSOCIATES, LP., a <br />California limited partnership, its successors and assigns ("Circle Star"), and <br /> <br />HOMESTEAD VILLAGE, INCORPORATED, a Maryland corporation, its successors <br />and assigns ("Homestead"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, Redwood City, Circle Star, and Homestead, desire to enter into this <br />agreement (the "Agreement") to provide an emergency back-up for the transmission, <br />treatment, and disposal of sewerage emanating, from time to time on an emergency basis, <br /> <br />from the private Circle Star Office and Homestead Hotel project (the "Service Area"); <br />and <br /> <br />WHEREAS, Circle Star and Homestead have provided for the installation and <br />construction of sewage collection and transmission facilities for certain land located in <br /> <br />part within the municipal jurisdiction of San Carlos and in part within the municipal <br />jurisdiction of the City of Redwood City; and <br /> <br />WHEREAS, pursuant to an agreement entered into by and between Redwood <br />City and San Carlos, the transmission, treatment, and disposal of sewerage emanating <br /> <br />from the Service Area will be through San Carlos facilities and all fees to be collected in <br />connection with the transmission, treatment, and disposal of the sewage emanating from <br /> <br />the Service Area will be paid by the owner/developer of the Service Area (the "Owner") <br />to San Carlos; and <br /> <br />WHEREAS, it has been detennined by San Carlos that in the event of a <br />mechanical and/or electrical failure of the Service Area private facilities, it is advisable to <br /> <br />implement a back-up system to prevent sewage discharge; and <br /> <br />