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1. Livermore will lease to DSRSD up to 0.175 mgd ADW'F capacity per year plus the <br /> associated share of wet weather capacity in the existing LAVWMA export pump <br /> station and pipeline for up to three (3) successive years. Each year's lease amount <br /> will be based upon the flow associated with the actual number of connections sold <br /> by DSRSD at 220 gallons per dwelling unit equivalent. Unsold capacity within the <br /> 0. 1 75 mgd ADWF amount cannot be carried over into subsequent years. The first <br /> year v'ill start on the date of the execution of the document between Livemore and <br /> DSRSD. The capacity, leased as specified above may be utilized by DSRSD until the <br /> earlier of the operation of Clean Water Revival or the LAVWMA wastewater <br /> disposal expansion project is placed into operation. DSRSD will pay Livemore a <br /> reasonable annual fee for the leased capacity. <br /> <br /> 2. Livermore and DSRSD ~11 cooperate in the permitting, monitoring and operational <br /> evaluation of their respective reverse osmosis projects. DSRSD will downsize the <br /> project if required, but to no less than I mgd, to obtain approval of the two projects <br /> from the RWQCB and DOHS. If future downsizing is required to obtain regulatory <br /> agency approvals, Livermore and DSRSD will downsize proportionally. DSRSD <br /> will operate its project at no more than a 1 mgd annual average rate for the first five <br /> (5) years of operation and then increase the rate only if no water quality. problems are <br /> documented. Both Livermore and DSRSD will reduce operations appropriately if <br /> Water quality problems arise or are anticipated with either project. <br /> <br /> 3. Livermore agrees not to challenge the Berrenda Mesa project certified and selected <br /> by Zone 7 provided that: 1 ) Zone 7 follows the prescribed administrative steps to <br /> certify. the EIR and approve the project; and 2) the selected project does not reduce <br /> the current water supply reliability and quality. <br /> <br />C. Pleasanton and DSRSD Principles <br /> <br /> Pleasanton and DSRSD will prepare for approval and execution. as soon as practical with <br /> a goal of June 1997, an appropriate document to implement the following principles: <br /> <br /> 1. DSRSD will pool the capacity, leased from Livermore with Pleasanton. <br /> <br /> 2. In accordance with the Agreement for Wastewater Disposal Services dated <br /> November 3, 1992, Pleasanton agrees to transfer to DSRSD Treatment Capacity <br /> Rights not needed by Pleasanton until the wastewater treatment plant expansion is <br /> completed. The parties will determine appropriate terms and conditions for the <br /> transfer. DSRSD will assume full responsibility for any wet weather overflow until <br /> the LAVWMA wastewater disposal project is in operation. The amount of transfer <br /> will be determined by Pleasanton through an annual review of wastewater flows and <br /> projected growth rates to assure that Pleasanton's forecasted treatment needs will be <br /> accommodated. <br /> <br /> 4 04/10/97 <br /> <br /> <br />