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<br />hereto. CITY did execute said hay lease and easement and recorded the same on October 9, <br /> <br /> <br />1986 Vol. 701, Page 856, in the Real Property Records of Lamar County, Texas. <br /> <br /> <br />Sec. 2.2 - Sufficiency of Consideration <br /> <br /> <br />BARROW acknowledges the sufficiency of the consideration herein described. <br />III. TERMS. <br /> <br /> <br />Sec. 3.1 - Acceptance of Sludge. <br /> <br /> <br />Property Owner will accept Sludge delivered to Application Site by CITY. CITY shall <br /> <br /> <br />transport Sludge to application site. CITY will apply sludge in accordance with CITY'S <br /> <br /> <br />TNRCC Permit and the Sludge Application Plan, attached hereto as Exhibit F, as directed by <br /> <br /> <br />BARROW, and CITY maintain records demonstrating that the sludge application was in <br /> <br /> <br />accordance with CITY'S TNRCC Wastewater Treatment Plant permit; CITY shall be responsible <br /> <br /> <br />for all necessary permits for Sludge application and Effluent irrigation and in the event necessary <br /> <br /> <br />permits are not issued after CITY has made diligent effort then this renewal agreement may be <br /> <br /> <br />partially or completely canceled by agreement of the parties; and shall maintain its equipment <br /> <br /> <br />in proper working order except that Property Owner shall be responsible for cost of repairing <br /> <br /> <br />damage to equipment which results from negligence on the part of Property Owner or his <br /> <br /> <br />representatives. CITY shall have access to Application Site for the purpose of delivering, <br /> <br /> <br />inspecting application of Sludge, inspecting the application site, maintaining equipment and shall <br /> <br /> <br />be permitted to erect a small maintenance storage building if desired. CITY shall close gates <br /> <br /> <br />when entering or leaving the Application Site. <br /> <br /> <br />Sec. 3.2 - Farming of Application Site. <br /> <br /> <br />Property Owner will develop Application Site in Coastal Bermuda grass for permanent pasture <br /> <br /> <br />to be overseeded each Fall with winter forage crops, or develop a substitute vegetation plan after <br /> <br /> <br />it has been approved by CITY, and owner will harvest the same at least monthly or in <br /> <br /> <br />accordance with accepted farming practices. Any vegetation plan followed or proposed must <br /> <br /> <br />provide adequate nutrient uptake rates and be otherwise compatible with sludge disposal <br />