21 ATTACHMENT 3 - Laserfiche WebLink

18 Advance Payment. In consideration of the provision by LAVWMA of the Sewer Service capacity, whether or not such Sewer Service is used, on or before each January 1 and July 1 during the term of the Sewer Service Contract, Livermore and DSRSD, acting for itself and Pleasanton, are obligated to pay to LAVWMA their respective shares of budgeted costs identified in LAVWMA’s adopted budget as follows: (a) From their respective Gross Revenues, total Budgeted Fixed Costs and Budgeted Variable LAVWMA Maintenance and Operation Costs will be paid in two equal amounts on or before each December 1 and June 1. (b) From their respective Net Revenues, Debt Service due on the Bonds on August 1 of each year will be paid July 1 of each year, and Debt Service due on the Bonds on February 1 of each year will be paid on January 1 of each year. (d) Livermore and DSRSD will take such action as may be necessary to include all such payments in their respective annual budgets, and will make the necessary annual appropriations for such payments. (e) Pleasanton agrees to make all payments due to DSRSD under Section 10 of the Regional Agreement within 30 days, and DSRSD agrees to enforce said payment obligation, if needed, and will apply amounts received from Pleasanton pursuant to Section 10 of the Regional Agreement to its payment obligation under the Sewer Service Contract. “Budgeted Fixed Costs” is defined in the Sewer Service Contract to mean, for any given period, the estimated Fixed Costs for such period as stated in the annual budget for the Enterprise prepared and submitted to Members. “Fixed Costs” is defined in the Sewer Service Contract to mean, for any given period, the sum of the following amounts: (1) amounts to be deposited during such period into the Sole Use Replacement Fund, Dual Use Replacement Fund and Joint Use Replacement Fund, as applicable; and (2) all Fixed LAVWMA Maintenance and Operation Costs. “Variable LAVWMA Maintenance and Operation Costs” is defined in the Sewer Service Contract as, for any given period for any given facilities of the Enterprise, those LAVWMA Maintenance and Operation Costs incurred during such period for energy used for pumping and for chemicals used in the treatment of Wastewater. “Budgeted Variable LAVWMA Maintenance and Operation Costs” is defined in the Sewer Service Contract as, for any given period for any given facilities of the Enterprise, the estimated Variable LAVWMA Maintenance and Operation Costs for such period for such facilities as stated in the annual budget for the Enterprise prepared and submitted to Members in accordance with the Sewer Service Contract. Abatement. The Sewer Service Contract provides that payments of Fixed LAVWMA Maintenance and Operation Costs under the Sewer Service Contract are subject to abatement in