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Additional future capacity for subsequent additions and expansions may <br />be available depending on the existence of approved construction plans <br />for such additions and expansions and the priorities established in the <br />1972 Settlement Agreement. Future treatment capacity referenced in this <br />section is expected to become available with the commencement of opera- <br />tion of the LAVWMA (Livermore-Amador Water Management Agency) export <br />pipeline. Construction of said pipeline has commenced as of April 12, <br />1978, and is scheduled fDr completion in September, 1979, with testing <br />completed and the pipeline fully operational anticipated in December, <br />1979. If, by February 15, 1979, the City, by its estimates and those <br />of LA~MA and the LA~MA engineers, determines that said export pipe- <br />line and resultant treatment capacity, or the completion of other <br />treatment capacity expanding improvements, will not be available to <br />Shopping Center and Peripheral Land at t~e anticipated date of opening <br />for business of Shopping Center, the City agrees to authorize and <br />support Developer's application for the design and construction of a <br />discrete sewer treatment plant with a capacity of approximately <br /> <br />210,000 gallons per day (average dry weather flow). Developer acknow- <br />ledges that the approval of the Regional Water Quality Control Board is <br />required and the approval of other local, regional, State or Federal <br />agencies may also be required. City reserves the right to require <br />Developer to dedicate the completed discrete sewer treatment plant to <br />city. city, at its sole discretion, may require operation and mainten- <br />ance of completed discrete treatment plant by City; any costs of <br />such operation shall be the sole obligation of Developer. <br /> <br /> <br />