CITY COUNCIL REGULAR MEETING AGENDA PACKET

4141352.1 10 16. Entire Agreement: This Agreement and its Exhibits constitute the entire understanding and agreement of the Parties. This Agreement and its Exhibits integrate all of the terms and conditions mentioned herein or incidental hereto, and constitute the entire understanding of the parties with respect to the subject matter hereof; and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement. 17. Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, that provision shall not affect any other provision of this Agreement or its application to any other person or circumstance. The Parties shall reform this Agreement to the maximum extent legally permissible so as to effectuate the purpose and intent of this Agreement, and the balance of this Agreement shall be unaffected. 18. SGMA/ Water Rights: As mentioned herein, Zone 7 is the exclusive Groundwater Sustainability Agency (GSA) for the Livermore Valley Groundwater Subbasin. Nothing in this agreement shall limit Zone 7’s future groundwater management actions or its ability to take future actions under SGMA which may impact the proposed Project, including but not limited to curtailing or suspending future pumping from the Project and/or imposition of fees. Moreover, nothing in this agreement shall be construed as conveying any form of water right whatsoever, or any guarantee of a GPQ to the City. The GPQ shall continue to be determined outside of this agreement. CITY OF PLEASANTON ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, ZONE 7 _____________________________ _____________________________ Gerry Beaudin, City Manager Valerie Pryor, General Manager ATTEST: _____________________________ Jocelyn Kwong, City Clerk Page 181 of 248