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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2015
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051915
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11
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8/18/2015 12:12:36 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/19/2015
DESTRUCT DATE
15Y
DOCUMENT NO
11
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( related to prior expansions of the Regional Facilities. <br /> 3. Purpose and Intent. The terms and conditions of this Agreement constitute the sole and <br /> exclusive provisions governing the District's Clean Water Revival Project. This Agreement <br /> fully and finally resolves any and all outstanding issues and claims between the Parties <br /> related to the District's Clean Water Revival Project and, as and to the extent specified in <br /> Section 7, supersedes the First Supplemental Agreement. <br /> 4. Fund Transfers. <br /> a. Transfer from Regional Expansion Fund Within 30 days of the Effective <br /> Date of the Fifth Supplemental Agreement the District shall transfer $2,311,713 from <br /> the Regional Expansion Fund to its Water Expansion Fund representing the value of <br /> the wastewater disposal capacity that the Parties' respective Recycled Water <br /> Programs have in the past and present and will in the future provide to the wastewater <br /> expansion fund related to the year round use of recycled water that the Party's <br /> Recycled Water Programs deliver. The amount was determined in accordance with the <br /> calculation presented in Exhibit A. <br /> b. Transfer from District Water Expansion Fund Within 30 days of the transfer <br /> identified in Section 4(a) the District shall remit $1,124,098 from its Water Expansion <br /> Fund to the City representing the share of the amount identified in Section 4(a) above <br /> that presently derives and will in the future derive from the City's Recycled Water <br /> Program. The amount was determined in accordance with the calculation presented in <br /> Exhibit B. <br /> c. Net Amount After the transactions identified in Sections 4(a) and 4(b) the net <br /> amount remaining in the District Water Expansion Fund will be $1,187,615, <br /> representing the share of the amount identified in Section 4(a) above that has in the <br /> past and present been derived and will in the future derive from the District's Recycled <br /> Water Program. The amount was determined in accordance with the calculation <br /> presented in Exhibit B. <br /> 5. Acknowledgments . <br /> a. Future LAVWMA Bond Payments The Parties acknowledge the transactions <br /> identified in Section 4 of this Sixth Supplemental Agreement reduce the fund balance <br /> in the District's Regional Expansion Fund and thereby reduce by the same amount the <br /> ability of that fund to make future bond payments. Neither Party shall take any adverse <br /> action of any nature whatsoever, whether it be within the dispute resolution process of <br /> Page 3 of 8 <br />
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