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AMENDMENT TO SEWER AGREEMENT -~, / \!~ ' ! i '-Ii "l L I 1 AMENDMENT TO TEMPORARY SANITARY SEWER TREATMENT AGREEMENT v.. 'i , THIS AMENDED AGREEMENT made and entered into this 9 , A.D., 197~by and between DYNA-FLO SERVICES, day of /;[...,,~ I"'" J ~ INC., a Florida corporation, hereinafter referred to as Dyna-Flo, and the CITY OF CLEARWA TER, FLORIDA, a municipal corporation, herein- after referred to as City; WHEREAS, Dyna-Flo and City previously entered into a Temporary Sanitary Sewer Treatment Agreement on October 21, 1976; and WHEREAS, such agreement permitted City to pump a maximum of 200,000 gallons of wastewater per day to Dyna-Flo and further provided that the City of Safety Harbor would have the right to pump 100,000 gallons of wastewater to City's Northeast Interim one (1) million gallons per day plant; and WHEREAS, the parties desire to amend the agreement to permit City to pump 300,000 gallons of wastewater per day to Dyna-Flo and to permit the City of Safety Harbor to pump additional wastewater to City's Northeast Interim plant on the basis of an additional gallon for each gallon City exceeds the initial amount, namely, 200,000 gallons of waste- water per day; NOW, THEREFORE, in consideration of the mutual promises and understandings contained herein, it is agreed by the parties as follows: 1. That Paragraph One (1) of the Temporary Sanitary Sewer Treat- ment Agreement dated October 21, 1976, is hereby amended to read as follows: " ',Dyn a-Flo agrees to permit the City temporary utilization of its wastewater treatment facility, and further agrees to permit the City to pump into its facility for treat- ment and disposal a maximum of 300, 000 gallons of wastewater per day. The amount to be pumped to Dyna-Flo is to be determined by the City but will not exceed 300,000 gallons per day. The parties hereto agree that the City shall have the right to disconnect units served by Dyna-Flo within the City at its option anytime during the term of this agreement. " ], ,-;',,[,/. ,co, -1- 7/;,,' "-'/ "'(""} , ~.-- ~-" '.. . . I I ,~ 2. That Paragraph E'our (4) of the Temporary Sanitary Sewer Treatment Agreement dated October 21, 1976, is hereby amended to read as follows: "This agreement shall run for a period of five(S) years com- mencing January 10, 1979 and ending on the 9th day of January, 1984." 3. That Paragraph Six (6) of the Temporary Sanitary Sewer Treatment dated October 21, 1976, is hereby amended to read as follows: "When the amount of wastewater being pumped to Dyna-E'lo by City reaches 200,000 gallons of wastewater per day then, for each gallon of wastewater that City pumps to Dyna-E'lo in excess of 200,000 gallons per day City agrees to make available to the City of Safety Harbor on a first come first served basis at its Northeast Wastewater Treatment Plant an amount equal to the amount in excess of 200,000 gallons per day being pumped to Dyna-E'lo. The excess gallons per day provided in this paragraph shall be'in addition to the 100,000 gallons per day that the City of Safety Harbor is permitted to pump to City's Interim Northeast Wastewater Treatment Plant. II 4. In all other respects the provisions of the Temporary Sanitary Sewer Treatment Agreement dated October 21, 1976, are hereby ratified and confirmed and are to remain in full force and effect. IN WITNESS WHEREOE' the parties have set their hands and seals the day and year first above written. ~ tdZ,"J!]'~~. /Se retary , I Witnesses: As to City ~Ldcomd- i y Attorney ~. '-, - "- . - '- -- --."....---- -- -'"~ By Atte st: .'\.. ~,JJ~ G"~,., City Clerk ~~H~ , Mayor-Commissioner -2-