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"DSRSD-LAVWMA Expansions Capacity") is limited to industrial <br />and non-retail commercial uses by the terms of Section <br />IX.A.(8) of the LAVWMA Joint Exercise of Powers Agreement, <br />entered on June 18, 1974, as modified on May 31, 1977. <br /> <br /> C. On October 16, 1980, City and Owner entered an <br />Amended Agreement ("Amended Agreement"), a copy of which is <br />attached hereto as Exhibit 2. The Amended Agreement super- <br />seded the Agreement in its entirety. <br /> <br /> D. The Amended Agreement provided for certain <br />mutual obligations on the part of Owner and City. The <br />Amended Agreement further provided that upon transfer of <br />title of the Willow West Property from Owner to Prudential, <br />Owner was to assign its rights, obligations, and interest in <br />the Amended Agreement to Prudential. <br /> <br /> E. City allocated the DSRSD-LAVWMA Expansions <br />Capacity pursuant to three (3) agreements: (1) the Amended <br />Agreement pursuant to which City allocated Three Hundred <br />Thousand (300,000) gallons of capacity to Owner; (2) an <br />Agreement for Allocation of Sewer Connection, dated June 16, <br />1981, by and between City and Alfred Fromm pursuant to which <br />City allocated One Hundred Thirty-Seven Thousand (137,000) <br />gallons of capacity to the Fromm Business Park; and (3) an <br />Agreement for Allocation of Sewer Connections, dated <br />November 17, 1980, by and between City and John Caroline, <br />Jr., and Joan Caroline (collectively, "Caroline") pursuant <br />to which City allocated to Caroline sewage capacity ("Valley <br /> <br />K234 -20 -A/Sep08 <br /> <br /> <br />