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M <br />M <br />Plant (plant), City and County agree that the County shall <br />have the permanent right to 400,000 gallons -per -day <br />treatment capacity (the "Permanent County Allocation") at <br />the plant. The County shall be a wholesale customer of the <br />City and the County reserves the right to charge and <br />collect, for County's own benefit, impact fees, base <br />facility charges, commodity charges, and other utility <br />costs, fees, and charges to any of its customers which <br />reserve or use any plant capacity. The City shall treat the <br />County in a nondiscriminatory and fair manner in all matters <br />concerning this Agreement, including wholesale rate setting. <br />6. In addition, and for efficiency, the City <br />authorizes the County to treat wastewater from the "Hospital <br />Service Territory" (HST), as shown on attached Exhibit "A," <br />at a County treatment facility in return for which the City <br />plant will accept the higher of 200,000 gallons per day or <br />such gallonage from the HST as is actually treated by the <br />County ("Increased County Allocation"). This Increased <br />County Allocation shall be in addition to the Permanent <br />County Allocation. As long as the County, at County's sole <br />option, provides treatment for the HST, the City shall not <br />reduce the Increased County Allocation. On not less than 30 <br />days' notice by the County, the County may cease the <br />treatment of all or part of the HST wastewater; and the City <br />may reduce its treatment of wastewater from the County area <br />to, the plant proportionately, but in no event to less than <br />the Permanent County Allocation. The City shall retain <br />ownership of its lift station in the HST. <br />7. The City is contractually obligated to provide <br />Indian River Shores and the South Beach County area with <br />sewer service In addition to serving the HST and the City <br />Itself. The City is willing, by future separate agreements, <br />to let County use on a temporary basis any excess capacity <br />existing between present and build -out needs. The City and <br />County agree that commitment to the County for more capacity <br />SEP 11889 <br />45 <br />B�G� �'`�l <br />J <br />