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<br />Sec. 3.5 - Irrigation with Treatment Plant Effluent. <br /> <br /> <br />During periods of non use by CITY, Property Owner may use Sludge transmission and <br /> <br /> <br />application system to irrigate Application Site with Effluent from CITY sewage treatment plant <br /> <br /> <br />in accordance with TNRCC permit issued to the CITY by the State and provided doing so poses <br /> <br /> <br />no threat or nuisance to public health. CITY has designed and built a pipe connection to its <br /> <br /> <br />Sludge pump to facilitate Property Owner's use of plant Effluent. Property Owner agrees to <br /> <br /> <br />supply all labor, electricity and maintenance during periods of use for irrigation. If permitted <br /> <br /> <br />by state and CITY has the right to deliver effluent to others so long as BARROW'S rights are <br /> <br /> <br />fully protected. <br /> <br /> <br />Sec. 3.6 - Expansion of Application Site. <br /> <br /> <br />Should future Sludge production or the observance of acceptable application rates require <br /> <br /> <br />more application area, Property Owner agrees to permit CITY to expand site onto contiguous <br /> <br /> <br />cleared parts of Property at the total development cost of CITY; such expansion not to increase <br /> <br /> <br />Application Site to include more than 430 acres of cleared land. Nothing herein however shall <br /> <br /> <br />require CITY to expand on Property. <br /> <br /> <br />IV. TERM AND EXTENSION OF RENEWAL AGREEMENT. <br /> <br /> <br />Sec. 4.1 - Term <br /> <br /> <br />The primary term of this renewal agreement shall be ten (10) years, beginning on the 1st <br /> <br /> <br />day of August, 1996, and ending on the 31st day of July, 2006. <br /> <br /> <br />Sec. 4.2 - Extension of Renewal Agreement. <br /> <br /> <br />At the end of the primary term of this renewal agreement Property Owner agrees to <br /> <br /> <br />either, offer to sell Application Site to CITY at the per acre value as determined by the <br /> <br /> <br />procedure outlined in Section 3.3, Indemnification or offer to renew this renewal agreement for <br /> <br /> <br />an additional ten (10) year term, or both. CITY will either pay appraisal value as established <br /> <br />under Section 3.3, or condemn if Barrow refuses to accept appraisal method, or vacate site. <br /> <br />Property Owner shall provide notice of his intention to sell to the CITY at appraised value at <br />