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RES 96036
City of Pleasanton
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RES 96036
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3/29/2012 8:49:02 AM
Creation date
2/23/1999 7:40:17 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/16/1996
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EBDA PROPOSAL LAVWMA'S RESPONSE TO <br /> January 25, 1996 EBDA PROPOSAL <br /> <br /> TERMS AND CONDITIONS FOR TERMS AND CONDITIONS FOR <br /> AGREEMENT TO PROVIDE 11.42 MGD AGREEMENT TO PROVIDE 11.42 MGD <br /> ADDITIONAL INTERRUPTIBLE ADDITIONAL INTERRUPTIBLE <br /> CAPACITY TO LAVWMA CAPACITY TO LAVWMA <br /> <br />The specific terms and conditions of this offer The specific terms and conditions of this offer <br />include the following: include the following: <br /> <br />1. Many conditions were previously 1. Many conditions were previously <br />submitted to you in a September 16, 1993 submitted to you in a September 16, 1993 <br />letter to Craig Lawson. Briefly, those letter to Craig Lawson. Briefly, those <br />conditions include the following: conditions include the following: <br /> <br /> A. All flows from LAVWMA must meet A. All flows from LAVWMA must meet <br />all NPDES permit requirements prior to all NPDES peait requirements prior to <br />discharge to the export system. LAVWMA discharge to the export system. LAVWMA <br />flows shall not cause violations of the flows shall not cause violations of the <br />Authority's NPDES permit for the combined Authority's NPDES permit for the combined <br />effluent of all system users. effluent of all system users. <br /> <br />B. All capital costs associated with B. All capital costs associated with <br />construction of the export project are to be construction of the export project are to be <br />borne by LAVWMA. borne by LAVWMA. <br /> <br /> C. The construction of wet weather of C. The construction of wet weather of <br />storage facilities should be scheduled to storage facilities should be scheduled to <br />coincide with increases in dry/wet weather coincide with increases in dry/wet weather <br />flows. flows. <br /> <br /> D. LAVWMA shall indemnify and save D. LAVWMA shall indemnify and savo <br />harmless the Authority, its Commissioners and hold harmless the Authority, its <br />Officers, and the Authority's member agencies Commissioners and Officers and the <br />and their Directors, Council Members, and Authority's member agencies and their <br />Officers from all claims, suits, damages, costs, Directors, Council Members and Officers from <br />losses and expenses in any manner including all claims, suits, damages, costs, losses and <br />but not limited to reimbursement for staff time, expenses in any manner including but not <br />arising out of the export project. LAVWMA limited to reimbursement for staff time, arising <br />shall indemnify the Authority for all attomey out of the export project. LAVWMA shall <br />fees and expenses that the Authority incurs in indemnify the Authority for all attorney fees <br />connection with said export project. and expenses that the Authority incurs in <br /> connection with said export project. <br /> <br /> <br />
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