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WHEREAS, City, District, and the City of Livermore, California are <br />member agencies of the Livermore-Amador Valley Water Management Agency <br />(hereinaffer defined as "LAVWMA"); and <br /> <br /> WHEREAS, the member agencies have executed that certain agreement <br />entitled, "Amended and Restated Joint Exercise of Powers Agreement for the <br />Livermore-Amador Valley Water Management Agency (LAVWMA)," dated as of <br />September 10, 1997 (hereinafter defined as the "LAVWMA JPA"); and <br /> <br /> WHEREAS, pursuant to the provisions of paragraph 19.1 of the LAVWMA <br />JPA, City has conducted an election on the question of participating in the <br />Project (as said term is defined in the LAVVVMA JPA) and City's electorate has <br />approved said Project, but a similar ballot measure voted upon in the City of <br />Livermore was not approved by that City's electorate; and <br /> <br /> WHEREAS, pursuant to the provisions of paragraph 19.3 of the LAVWMA <br />JPA, District and City may proceed with the Project; and <br /> <br /> WHEREAS, as a result of the Project approval, the allocations of Disposal <br />Capacity (hereinafter defined) for City and District under the Basic Agreement <br />shall be revised; and <br /> <br /> WHEREAS, District has undertaken its Stage 4 Expansion Project of <br />District's Treatment Plant (hereina~er defined as "WTP Stage 4 Expansion <br />Project"), which will increase the respective allocations of Treatment Capacity <br />(hereinafter defined) of the parties under the Basic Agreement; and <br /> <br /> WHEREAS, the parties desire by this Second Supplemental Agreement to <br />adjust their respective allocations of Treatment and Disposal Capacity to reflect <br />the increased Disposal Capacity resulting from the LAVWMA Project and <br />Treatment Capacity resulting from District's WTP Stage 4 Expansion Project as <br />contemplated by paragraph 8 of the Basic Agreement; <br /> <br /> -2- <br />Agmt-28 <br />Rsh~sh\DSRSD <br /> DES:rg:O4119199:OB/21100R <br />AK v. 2: 10/10/00R; DES 10/22/00 <br /> <br /> <br />