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FEB- 12 199j BOOK <br />2. WINDSOR. agrees to reserve and pay for a tota i of <br />209 additional wastewater ERUs .and 200 additional, water <br />ERUs, which will be paid in full upon execution of this_ <br />agreement. These units may be used only on_the PROPERTY. <br />3. COUNTY acknowledges that if the number of ERUs <br />i <br />reserved by WINDSOR is In excess of its. ultimate <br />I _ <br />requirement, COUNTY will use its good faith efforts to <br />resale these units 'to third parties, in which case WINDSOR <br />wlII be repaid the amount received by. the COUNTY from the <br />third party up to the amount paid by WINDSOR for the'Impact <br />fees. WINDSOR will -not be credited with any interest. <br />4. COUNTY * acknowledges that once WINDSOR has <br />reserved and paid for the ERUs referenced In this agreement, <br />WINDSOR is vested for 300 water and 300 wi5stewater ERUs. <br />WINDSOR will then be required to make payments of the base <br />facilities charge for each water and wastewater ERU <br />reserved until such time as each ERU Is converted to an <br />actual connection. WINDSOR acknowledges that the monthly <br />base facility charges may be increased by the COUNTY from <br />time to time, and that failure to pay the base facilities <br />charges will result in loss of the ERUs for which the base <br />facilities charges are made. <br />S. As part of the consideration for this agreement, <br />WINDSOR agrees to accept from the COUNTY an amount of <br />treated effluent from the COUNTY's wastewater treatment <br />plant equivalent to the amount of wastewater delivered by <br />WINDSOR to the COUNTY but in any event not more than 750,000 <br />gallons per day. The receipt of this treated effluent shall <br />be without cost to WINDSOR for five years from the date of <br />this agreement. WINDSOR agrees to take all necessary and <br />proper steps to ensure that it has a proper receiving <br />facility to accept and take this treated effluent water <br />under all weather conditions. Failure to accept this water <br />shall be considered a material breach of this contract. <br />56 <br />M M <br />