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<br />Whereas, Louisville has, pursuant to the 1982 Sewer Agreement, <br />accepted and is currently treating sewage from one hundred seven <br />(107) residential sewer taps; and <br /> <br />Whereas, pursuant to the 1982 Sewer Agreement, Superior has <br />paid Louisville $45,300.00 for the construction of a portion of <br />Superior's sewage collection system; and <br /> <br />Whereas, pursuant to the 1982 Sewer Agreement, superior has <br />acquired land and rights-of-way necessary for the installation of <br />the above-referenced sewage collection system, including the land <br />and rights-of-way necessary for the connection of said system to <br />the Louisville trunk main. <br /> <br />NOW, THEREFORE, for and in consideration of the premises, the <br />mutual covenants herein contained and for other good and valuable <br />consideration, the parties hereto agree as follows: <br /> <br />1. The 1982 Sewer Agreement is hereby rescinded in its <br />entirety. <br /> <br />2 . Subj ect to paragraph 3 and the other terms and conditions <br />of this Agreement, Louisville agrees to accept for treatment and to <br />treat sewage collected by superior from lands located within the <br />Coal Creek Basin, as such Basin is described in Exhibit 1, but only <br />if such lands are also located within the boundary of superior, as <br />it exists at the time connection is requested. <br /> <br />3. Pursuant to paragraph 2 and the other terms and <br />conditions of this Agreement, Louisville agrees to accept for <br />treatment and to treat sewage from three hundred twenty-eight (328) <br />single family equivalent (hereinafter "SFE") taps, to be calculated <br />in accordance with Exhibit 2 and to be located only as described in <br />paragraph 2, so long as all of the following conditions are met: <br /> <br />(a) For each such tap, superior shall prepay to <br />Louisville, prior to issuing such tap and prior to making a tap <br />connection, a sum which is equal to the total of all system <br />development charges, tap fees and similar related charges <br />regardless of name, then being assessed by Louisville for issuance <br />of sewer taps to serve land located within the boundary of <br />Louisville. For the purposes of this Agreement, such sum shall be <br />referred to in total as the "tap fee". <br /> <br />(b) Superior shall not issue taps and Louisville shall <br />not be required to accept sewage collected from any taps issued at <br />a time when superior is in breach of any terms of this Agreement. <br /> <br />(c) Louisville shall not be required to accept sewage <br />collected from any taps unless they are located both within the <br />boundary of Superior and within the Coal Creek Basin. <br /> <br />2 <br />