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NOW, THEREFORE, in consideration of the recitals and mutual obligations herein expressed, the Parties do hereby agree as follows: I. PURPOSE AND LIMITATIONS 1. The purpose of this Agreement is to set forth the terms, conditions, and responsibilities of the Parties for the planning, design, construction, operation, and maintenance of a Temporary Joint Residential Recycled Water Fill Station at 5287 Gleason Drive Project ("Project"). 2. The Parties acknowledge and agree that this Agreement is intended to provide for a Temporary Joint Residential Recycled Water Fill Station to be planned, designed, operated, and maintained during the period of January 1, 2022 through December 31, 2027. Operations of the recycled water fill station would only occur if mandatory restrictions on the use of potable water for irrigation are implemented in the Tri-Valley during that time period. This Agreement is not intended to provide a permanent recycled water fill station for residents due to recycled water supply limitations and the cost and resources required to operate a fill station. 3. No term of this Agreement is intended to imply that a long-term agreement will follow or will bind the Parties as to negotiating any future agreement between them. II. GOOD FAITH, COOPERATION, CONDITIONS,AND SCHEDULE 1. The Parties commit to diligently and in good faith cooperate towards the beneficial use of the Project, conditioned upon each of the following occurring: a. DSRSD's development of the design, construction, and permitting of the Project; and b. The City of Pleasanton developing the surface site improvements to the Gleason Property, development of customer payment, collection, and revenue disbursement systems and processes, and c. The City of Livermore providing adequate staffing and recycled water supply for the Project. 2. It is anticipated that Project related improvements to the Gleason Property would begin in or before March 2022 conditioned on water supply availability and drought conditions effecting the Tri-Valley and the imposition of mandatory restrictions on use of potable water for irrigation. For example, if 2022 water supply conditions indicate that mandatory reductions in the use of potable water for irrigation are unlikely to be imposed by Zone 7 or the State for the summer months, design and planning activities would continue, however, construction activities would be deferred or suspended to a future year. 2