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NOW, THEREFORE, in consideration for the reciprocal obligations set forth in the Agreement between the City of Pleasanton and Dublin San Ramon Services District Regarding Advance Sale Sewer Permits and this Agreement, the Parties agree as follows: Section 1. Granting of Regional Wastewater Capacity Reserve Fee Credits by Pleasanton — City agrees not to grant any new Advance Sale Sewer Permits or grant any new Wastewater Capacity Reserve Fee Credits without the prior approval of the DSRSD Board of Directors. DSRSD recognizes the existence of the Lund Credits. Section 2. Granting of Regional Wastewater Capacity Reserve Fee Credits by DSRSD — DSRSD agrees not to grant more than 70 Wastewater Capacity Reserve Fee Credits, namely the Dublin Credits, without the prior approval of the City of Pleasanton City Council. Pleasanton recognizes the potential granting of up to 70 Dublin Credits by DSRSD. The parties agree that if any Dublin Credits are applied for use on the original Camp Parks property, the Dublin Credits will generally be treated as full credits (i.e.one- for-one) on the original Camp Parks property, particularly if used for governmental purposes. On the other hand, if some of the Dublin Credits are proposed to be applied for use at another location, the terms of such transfer of Dublin Credits off of the original Camp Parks property shall be subject to City of Pleasanton City Council approval as described in this Section 2; with DSRSD acknowledging that less than full credit may be provided for the application of such credits at another location. Section 3. Transfer of Credits — DSRSD and City agree not to transfer any Regional Wastewater Capacity Reserve Fee Credits without the prior approval of the other agency except as follows: A. Unless otherwise contractually mandated by prior agreement(s) with property owners or property developers, or B. As separately recognized and allowed in an "Agreement Between the City of Pleasanton and Dublin San Ramon Services District Regarding City of Pleasanton Advance Sale Sewer Permits," which pertains to a portion of the Lund Credits. Section 4. Recognition and Allocation of Other Regional Wastewater Capacity Reserve Fee Credits and Sewer Capacity — For all sewer capacity or Regional Wastewater Capacity Reserve Fee Credits, including: (a) the Dublin Credits, and (b) the Unknown Credits, the value and financial impacts of those Regional Wastewater Capacity Reserve Fee Credits shall be properly allocated between remaining new development through the Regional Wastewater Capacity Reserve Fee Program, and the Regional Wastewater Enterprise, as determined by DSRSD in consultation with the City. The allocation and financial impacts of the Lund Credits have been accounted for separately in the "Agreement between the City of Pleasanton and Dublin San Ramon Services District Regarding City of Pleasanton Advance Sale Sewer Permits." The allocation and financial impacts of the Dublin Credits to new development, if any, shall be based on the ratio of the estimated Dwelling Unit Equivalents remaining to be 02 15 17 REMAINING REGIONAL CREDITS Page 2 of 6