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Port Gardner Bay Outfall Replacement Agreement <br /> NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS ABOVE AND THE <br /> COVENANTS AND PROMISES SET FORTH HEREIN, THE PARTIES AGREE AS <br /> FOLLOWS: <br /> 2. CONSTRUCTION OF JOINT USE FACILITIES <br /> K-C agrees to construct the Joint Use Facilities in substantial conformity with the Preliminary <br /> Design, as accepted by the PRT, so that such facilities will be available for the City's use on or <br /> before the Completion Date <br /> 3. PURCHASE <br /> The City agrees to purchase and K-C agrees to sell forty-nine and one-half percent(49.5%) of the <br /> Capacity of the Joint Use Facilities, including, but not limited to, the right and ability to operate <br /> the Joint Use Facilities in certain events as provided below, and the right to 49.5% of the <br /> Capacity of the Joint Use Facilities,which Capacity shall be not less than approximately sixty- <br /> four million gallons per day (64 mgd). <br /> 4. PRICE <br /> The City shall pay K-C a total sum equal to forty-nine and one-half percent(49.5%) of the Joint <br /> Use Facilities Cost. <br /> 5. PAYMENT TERMS <br /> 5.1 Prior to issuance by K-C of a notice to proceed to the Construction Contractor for the <br /> Joint Use Facilities, K-C may invoice the City on a monthly basis an amount equal to 49.5% of <br /> 7 of 46 <br />