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WHEREAS, all the capital costs of the Project will be shared based on the estimated final system
<br />costs and capacity (the "Benefit Allocation"), as currently shown in the DERWA FY18 Budget
<br />(46% DSRSD, 27% EBMUD, 27% Pleasanton); and
<br />WHEREAS, the actual allocation, shall be reviewed, and may be adjusted, if and as determined to
<br />be necessary in the manner described below, after Project completion to reflect actual costs and
<br />capacity; and
<br />WHEREAS, prior to 2015, DSRSD spent an estimated $299,956 to prepare a Feasibility Study for
<br />the Project as required by the USBR for federal funding; and
<br />WHEREAS, DSRSD was awarded a federal grant from the USBR in the amount of $103,409 to
<br />defray a portion of the cost of the Feasibility Study for the Project; and
<br />WHEREAS, DSRSD's net cost in pursuing federal funding for the Project prior to 2016 was
<br />$196,547; and
<br />WHEREAS, during 2016 and 2017 DSRSD on behalf of DERWA, consulted with USBR staff,
<br />completed the environmental documentation, and prepared grant applications for a $4,550,000
<br />grant under Title XVI and $3,087,131 under the WIIN Act, Public Law No: 114-322, for the
<br />Project; and
<br />WHEREAS, DSRSD on behalf of DERWA has applied for total state funding (grants and loans)
<br />in the amount of $17,100,000 for the Project, and the SWRCB has indicated that this project is
<br />eligible to receive up to $2,500,000 in principal forgiveness funds; and
<br />WHEREAS, DERWA has spent an estimated $171,800 in pursuing state funding to date for this
<br />project; and
<br />WHEREAS, the Parties desire to allocate among DSRSD, EBMUD, and Pleasanton the
<br />distribution and application of any federal funding or state funding received in connection with the
<br />Project to the Project's capital costs according to the above -defined Benefit Allocation; and
<br />WHEREAS, the Parties desire to apply the same above -defined Benefit Allocation to apportion
<br />among DSRSD, EBMUD, and Pleasanton the costs incurred or to be incurred in pursuing the state
<br />funding and federal funding for the Project, and the costs incurred or to be incurred in the
<br />administration of grant agreements entered into in connection with state and federal funding.
<br />NOW, THEREFORE, DSRSD, EBMUD, DERWA, and Pleasanton hereby agree as follows:
<br />1. Recitals: The above recitals are hereby incorporated into this Allocation
<br />Agreement by reference.
<br />2. Grant/Loan Acceptance: Prior to entering into any legally binding agreements with
<br />the state or federal governments for the state funding and federal funding for which
<br />applications have been submitted, DSRSD, EBMUD, and Pleasanton management
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