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<br />Immediately following Dissolution, St. Vrain will continue to operate and <br />maintain Tri-Area's wastewater sewer treatment plant and collection system while <br />proceeding with due diligence to cause an interceptor line to be designed and constructed <br />of at least 36 inches in diameter, in certain locations, that will connect Tn-Area's sanitary <br />sewer collection system to St. Vrain's sanitary sewer collection system, as well as the <br />St. Vrain wastewater treatment plant. In consideration for 81. Vrain' s designing and <br />CO:1structing said interceptor line, Tri-Area shall, subject to availability of funds, pay to <br />S1. Vrain a lump sum amount not to exceed $4,000,000.00, of which $280,177.00 has <br />already been paid. All costs incurred by S1. Vrain in excess of $4,000,000.00 in <br />designing and constmcting the interceptor line shall be the responsibility of St. Vrain and <br />shall not in any way be assessed against the users or customers ofTri-Area. Further, <br />St. Vrain agrees that the interceptor line shall be constructed and operationai and serving <br />Tri-Area's customers no later than May 2009. In the event that Tri-Area's Dissolution <br />costs and other costs of winding-up its business result in less than $4,000,00.00 being <br />available for St. Vrain, S1. Vrain agrees to accept whatever Tn-Area funds are available <br />in full and complete satisfaction ofTri-Area's obligations to pay for the interceptor line. <br />From and after the date of Dissolution, 81. Vrain shall assume all on-going financial <br />responsibility for future expansion and development of both sanitary and storm sewer <br />selvices within the territorial boundaries ofTri-Area and agrees that the level of such <br />services shall be equal to or better than the level provided by Tri-Area at rates that are <br />fair, reasonable and not discriminatory. <br /> <br />5.2 Rules and Reeulations. All specifications for engineering and operational <br />rules and regulations of St. Vrain will be adopted, if not already done so, by Tri-Area <br />upon execution of this Agreement. Thereafter, up to the date of Dissolution, any new <br />construction or development wiH be transferred to St. Vrain's engineering staff regarding <br />design and construction. In addition, all St. Vrain rules and regulations and policies <br />regarding the pretreatment program will also be followed by Tri-Area upon the signing of <br />this Agreement. The S1. Vrain pretreatment coordinator aud other designated staffwill <br />have access to all nonresidential customers and the information about Tri-Area's systems <br />and users and Tri-Area wili provide S1. Vrain with a list of aU nonresidential users and <br />addresses, as well as all pertinent information about flows and uses for the pretreatment <br />program. <br /> <br />5.3 Rate and Tap Fee Increase Limitations. Upon dissolution ofTri-Area, <br />8t Vruin agrees that all wastewater tap fees and rates within the area now served by <br />Tri-Area will be no greater than the tap fees and rates that are in effect generally <br />throughout St. Vrain, unless a special surcharge is established for the area that is now <br />served by Tn-Area based upon facts and circumstances that are not now known or that <br />could not have been reasonably anticipated as of the date ofTri-Area's Dissolution. <br /> <br />5.4 Storm Sewer Services. The storm sewer and drainage service provided by <br />S1. Vrain through the contemplated water activity enterprise shall be the same as is <br /> <br />9 <br />