DUBLIN SAN RAMON SERVICES WASTEWATER DISPOSAL (13-1172C)

6. Ownership and Use of Clean Water Revival Facilities. The District shall retain ownership of all Facilities that were constructed as part of the Clean Water Revival Project. Notwithstanding provisions to the contrary in any Supplemental Agreement, excepting only the Recycled Water Pipeline which is defined, and the terms of use of which are specified, in the Fifth Supplemental Agreement, all Facilities that were constructed as part of the Clean Water Revival Project shall be Joint Use Facilities as that term is defined in the Regional Agreement. 7. Dispositions of Provisions in Earlier Supplemental Agreements. All terms and conditions of the First Supplemental Agreement remain in effect except that: a. Section 4. Section 4 of the First Supplemental Agreement is hereby terminated in its entirety on the effective date of this Agreement; b. Section 6. Sections 6(c), 6(d), and 6(e) of the First Supplemental Agreement are hereby deleted in their entirety on the effective date of this Agreement and replaced with the following text: " (c) LAVWMA's Expansion Project. Notwithstanding the provisions of Paragraph 6(b), above, if City does not participate in the expansion component of LAVWMA's Expansion Project, District shall not allocate or expend any amount of the net revenues from the uniform regional connection or service fees imposed pursuant to Paragraphs 10(a) and (b), respectively, of the Basic Agreement, attributable to City's sewerage service area for said component. (d) Fund Management. District shall continue to manage, administer and account for the revenues attributable to the uniform regional service charge and the uniform regional connection fee as provided in the Basic Agreement. The parties agree that, in order to carry out the provisions of Paragraphs 5, 6(b) and 6(c), above, they cooperate in accounting for the revenues attributable to their respective sewerage service areas from imposition of the aforesaid uniform regional connection fee. (e) No Replacement Project. If a party objects to a project as provided in Paragraph 6(b), or in the case of non-participation by City in the expansion component of LAVWMA's Expansion Project as provided in Paragraphs 5 and 6(c) hereof, District shall have no duty or obligation to, and City releases District from its obligation to, expend funds or otherwise to take any action to acquire Disposal Capacity Rights or Treatment Capacity Rights, or to acquire or construct improvements or expansions to the Regional Sewerage Facilities or other facilities, through projects to Page 5 of 10