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City of Pleasanton
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CITY CLERK
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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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this agreement or any other legal action against the other Party related to the District's <br /> Regional Expansion Fund's future ability to meet its obligations for bonded <br /> indebtedness that Party has incurred directly or through LAVWMA to the extent of the <br /> amount of the transfers identified in Section 4. <br /> b. Payoff of Bank Note The Parties acknowledge the transactions identified in <br /> Section 4 of this Sixth Supplemental Agreement and the resultant lower fund balance <br /> in the Regional Expansion Fund shall not be a factor raised by either Party when the <br /> District determines whether it can pay off the outstanding balance of that certain bank <br /> note dated September 1, 2009 from Bank of America to the District entitled "Dublin <br /> San Ramon Services District 2009 Refunding Note" in an original amount of <br /> $18,486,000 when and after the opportunity to do so first occurs in September 2014. <br /> 6. Ownership and Use of Clean Water Revival Facilities. The District shall retain <br /> ownership of all Facilities that were constructed as part of the Clean Water Revival <br /> Project. Notwithstanding provisions to the contrary in any Supplemental Agreement, <br /> excepting only the Recycled Water Pipeline which is defined, and the terms of use of <br /> which are specified, in the Fifth Supplemental Agreement, all Facilities that were <br /> constructed as part of the Clean Water Revival Project shall be Joint Use Facilities as that <br /> term is defined in the Regional Agreement. <br /> 7. Dispositions of Provisions in Earlier Supplemental Agreements. <br /> All terms and conditions of the First Supplemental Agreement remain in effect except that <br /> a. Section 4.Section 4 of the First Supplemental Agreement is hereby terminated in its <br /> entirety on the effective date of this Agreement; <br /> b. Section 6.Sections 6(c), 6(d), and 6(e) of the First Supplemental Agreement are <br /> hereby deleted in their entirety on the effective date of this Agreement and replaced <br /> with the following text: <br /> " (c) LAVWMA's Expansion Project. Notwithstanding the provisions of <br /> Paragraph 6(b), above, if City does not participate in the expansion component of <br /> LAVWMA's Expansion Project, District shall not allocate or expend any amount <br /> of the net revenues from the uniform regional connection or service fees imposed <br /> pursuant to Paragraphs 10(a) and (b), respectively, of the Basic Agreement, <br /> attributable to City's sewerage service area for said component. <br /> (d) Fund Management. District shall continue to manage, administer and <br /> account for the revenues attributable to the uniform regional service charge and <br /> the uniform regional connection fee as provided in the Basic Agreement. The <br /> parties agree that, in order to carry out the provisions of Paragraphs 5, 6(b) and <br /> 6(c), above, they cooperate in accounting for the revenues attributable to their <br /> respective sewerage service areas from imposition of the aforesaid uniform <br /> Page 4 of 8 <br />
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