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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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110513
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10/31/2013 11:36:14 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/5/2013
DESTRUCT DATE
15Y
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the effective date of the Fifth Supplemental Agreement, and as long as the Fifth <br /> Supplemental Agreement remains in effect and fully operative, this Agreement shall <br /> remain in full force and effect until July 24, 2043, or the termination of the Basic <br /> Agreement, whichever occurs earlier. Pleasanton shall notify DERWA in writing (1) of <br /> the date when the City's CEQA review is completed, and (2) of the date of execution of <br /> the Fifth Supplemental Agreement. <br /> 8.9 If not previously terminated, this Agreement may be renewed by the <br /> Parties at the end of the term hereof, so long as the Fifth Supplemental Agreement and <br /> the Basic Agreement, or successor agreements, remain in effect and fully operative. <br /> The negotiations toward such a renewal shall commence no sooner than January 1, <br /> 2040, or one (1) year before the effective date of termination of the Fifth Supplemental <br /> Agreement and the Basic Agreement, or successor agreements, whichever is earlier. <br /> The Parties hereto shall thereafter meet and confer and negotiate in good faith the <br /> terms to be applicable during the period of renewal of this Agreement. The renegotiation <br /> shall include, but not necessarily be limited to, the length of the renewal period, pricing <br /> and other economic elements of the furnishing by DERWA of Recycled Water to <br /> Pleasanton. The pricing and other economic elements shall be based on all aspects of <br /> Recycled Water economics, including but not limited to regulatory and liability aspects, <br /> the availability of water as a resource, the environmental value of recycling, the <br /> community value of recycling, and the value of water recycling as a method to achieve <br /> wastewater discharge benefits. <br /> SECTION 9: CEQA COMPLIANCE <br /> 9.1 Despite all the preceding provisions of this Agreement, the legal <br /> effectiveness of the Agreement is contingent on the Parties' completion of CEQA <br /> review. <br /> 9.2 Pleasanton shall perform the role of lead agency in completing CEQA <br /> review for the City's Recycled Water Program, including the 1.9 MGD Expansion Project <br /> contemplated in Section 5.2, and DERWA shall perform the role of a responsible <br /> agency. Pleasanton shall also perform the role of lead agency in completing CEQA <br /> review for any Project to Further Expand Capacity, as contemplated in Section 5.3, <br /> provided that said project is being done for Pleasanton's sole benefit, in which case <br /> DERWA shall perform the role of a responsible agency. If Pleasanton has completed at <br /> least program-level CEQA review that addresses the impacts associated with the <br /> production and use of Recycled Water beyond the 11.6 MGD level resulting from the <br /> 1.9 MGD Expansion Project, the Parties anticipate that DERWA shall perform the role of <br /> lead agency in completing any further project-level CEQA review for Recycled Water <br /> production facilities associated with any Project to Further Expand Capacity as <br /> contemplated in Section 5.3, provided that such Project to Further Expand Capacity is <br /> being carried out for the benefit of both DERWA and Pleasanton, in which case the <br /> Parties anticipate that Pleasanton shall perform the role of a responsible agency. The <br /> Parties shall cooperate with each other and with any environmental consultant retained <br /> by either Party to assist with CEQA review, and provide the technical information in their <br /> custody or control as needed to complete CEQA review, including but not limited to <br /> information related to the Plant, secondary effluent and Recycled Water supply as <br /> 13 <br />
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