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<br />25 <br /> <br /> <br />THE LIVERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY <br /> <br />General <br /> <br />LAVWMA owns, operates and maintains an export pipeline and related facilities for <br />wastewater disposal that benefit DSRSD, Pleasanton and Livermore. LAVWMA was created on <br />June 18, 1974, by a Joint Exercise of Powers Agreement, most recently in the form of an <br />Amended and Restated Joint Exercise of Powers Agreement for the Livermore-Amador Valley <br />Water Management Agency, dated September 10, 1997 (the “Joint Powers Agreement”), <br />among the Members and LAVWMA. The Joint Powers Agreement was executed pursuant to the <br />provisions of Article 4 of the Government Code of the State governing joint exercise of powers <br />agencies (commencing with Section 6584) (the “Joint Exercise of Powers Act”). LAVWMA was <br />created for the purpose of providing for the construction, operation, maintenance, repair and <br />replacement of LAVWMA facilities for wastewater disposal to serve the general plans of Livermore <br />and Pleasanton and the general plans of the planning agencies that DSRSD serves. The Joint <br />Powers Agreement may be amended at any time by the written agreement of all the parties. The <br />withdrawal of a Member from LAVWMA is only permitted upon payment in full or defeasance of <br />any revenue bonds or other obligations, such as installment sale agreements or certificates of <br />participation, of LAVWMA. Under the Sewer Service Contract, the Members have covenanted <br />that they will not amend the Joint Powers Agreement so as to materially affect the holders of the <br />Bonds. <br /> <br />The Livermore-Amador Valley is located approximately 30 miles east of the San Francisco <br />Bay. Prior to the late 1960s, the Valley was primarily rural. Around that time, the area began to <br />develop with residential, commercial, and industrial land uses leading to increased demand for <br />wastewater treatment and disposal. In 1974, Livermore, Pleasanton and DSRSD (then known as <br />the Valley Community Services District) formed LAVWMA as a means of developing joint <br />solutions for wastewater disposal needs among the member agencies. On the basis of disposal <br />studies, LAVWMA decided to export wastewater to the EBDA interceptor pipeline for ultimate <br />discharge to San Francisco Bay via a deepwater outfall. The original LAVWMA export pipeline <br />system was constructed in 1979 and upgraded in 1986 and in 2001 to result in a contractual <br />capacity limit of 41.2 mgd, which is sufficient to serve the current planned build out of all three <br />Members. <br /> <br />EBDA Agreement <br /> <br />General. LAVWMA is party to an Amended and Restated Master Agreement, dated July <br />1, 2021, with EBDA (the “EBDA Agreement”). The EBDA Agreement expires on June 30, 2040. <br /> <br />EBDA. EBDA is a joint powers agency comprised of the Cities of Hayward and San <br />Leandro, Oro Lomo Sanitary District, Castro Valley Sanitary District and Union Sanitary District. <br /> <br />EBDA Services. EBDA owns, operates and maintains pump stations and a force main <br />and outfall system (the “EBDA System”) extending from central and southern Alameda County <br />to a deepwater discharge into the San Francisco Bay which receives and discharges treated <br />wastewater from EBDA member agencies in compliance with federal and state water quality <br />requirements. <br />