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RES 98021
City of Pleasanton
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1990-1999
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RES 98021
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3/20/2012 2:38:13 PM
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1/8/1999 4:05:31 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/17/1998
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15.2 In entering this Agreement, the parties contemplate that LAVWMA will be <br /> authorized to extend its Agreements with EBDA, subject to revision of operation, <br /> maintenance and normal project costs. <br /> <br /> 16. Severability. Should any portion, term, condition or provision of this Agreement <br /> be decided by a court of competent jurisdiction to be illegal or in conflict with 'any law of <br /> the State of California, or otherwise rendered unenforceable or ineffectual, the validity of <br /> the remaining portions, terms, conditions or provisions shall not be affected thereby, <br /> provided, however, that the intention of the parties is not materially distorted by failure <br /> of said portion, term, condition or provision of this' Agreement. <br /> 17. Amendment of Prior Agreements. <br /> <br /> 17.1 The Agreement to provide additional system discharge services, dated June <br />20, 1985, is amended by deleting the following provisions: <br /> <br /> 17.1.1 Paragraph 2. Services Charges, which required LAVWMA to <br /> <br />pay EBDA $5,000 per annum as depreciation, $2,000 per annum for administration, and <br />annual interest on the sum of $320,000. <br /> <br /> 17.1.2 Paragraph 4. The additional interruptible discharge right of <br /> <br />1.28 MGD is amended as described in this Agreement. <br /> <br /> 17.1.3 Paragraph 11. Term, which terminated the agreement on <br />December 31, 1998. <br /> <br /> 17.2 Except as expressly amended by this 199~.' Agreement, the terms of the <br /> ~ :~:~ <br /> <br />pdor agreements between EBDA and LAVWMA shall remain in full force and effect. <br />These documents consist of the EBDA/LAVWMA Agreement dated February 1., 1978; First <br />Amendment to the EBDA/LAVWMA Agreement dated March 26, 1981; Second <br />Amendment to the EBDA/LAVWMA Agreement dated February 18, 1993; Agreement to <br /> <br />EBDA/LAVWMA 199....8,7- Agreement, 12 Fat}mary 16, 1998 <br /> <br /> <br />
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