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effluent in to the San Francisco Bay; and <br /> WHEREAS, the Parties financially benefit from water recycling by avoiding variable <br /> costs to dispose of treated wastewater through the Livermore-Amador Valley Water <br /> Management Agency (LAVWMA); and <br /> WHEREAS, District, through its participation in the DSRSD-EBMUD Recycled <br /> Water Authority (DERWA), has planned, designed and constructed and now operates and <br /> maintains a joint Recycled Water program in conjunction with its partner agency, the East <br /> Bay Municipal Utility District, which program includes facilities for the treatment, storage, <br /> and transmission of Recycled Water; and <br /> WHEREAS, District has planned, designed and constructed and now operates and <br /> maintains a Recycled Water Program that includes facilities for the storage and <br /> distribution of Recycled Water within the District's water service area; and <br /> WHEREAS, as set forth in the Third Supplemental Agreement, "[t]he parties agree <br /> it is in their best interests to jointly identify and implement ways to recycle water"; and <br /> WHEREAS, City desires to develop a Recycled Water Program to deliver <br /> Recycled Water to selected current and future customers within the City; and <br /> WHEREAS, City intends to concurrently enter into an agreement with DERWA <br /> entitled Agreement to Provide Recycled Water Treatment and Delivery Services (the <br /> "DERWA-City Agreement") that will become effective concurrent with the Effective Date of <br /> this Agreement and under which DERWA would, pursuant to the July 28, 2003, Water <br /> Supply Agreement between DSRSD, DERWA and EBMUD, cause DSRSD to provide <br /> Recycled Water from the Recycled Water Treatment Facility for the City Recycled Water <br /> Program; and <br /> WHEREAS, City has requested District's assistance, and the District desires to <br /> assist City, in the initial permitting of a City Recycled Water Program; and <br /> WHEREAS, the Parties desire to integrate supply, operation, and facilities of the <br /> Recycled Water Programs in a manner that is in the best interests of the customers of <br /> both Parties and DERWA. <br /> WHEREAS, this agreement helps to define a stable and finite project or program <br /> description that will facilitate completion of California Environmental Quality Act ("CEQA") <br /> Page 2 of 18 <br /> H:\Board\I0-22-13spc\5th Supplemental\5th Supplemental FINAL.Doex <br />