ET AL-TOLLING AGREEMENT - Laserfiche WebLink

TOLLING AGREEMENT This Tolling Agreement is entered into as of this 27th day of February, 1998, by the City ofPleasanton, a municipal c~rporation ("Pleasanton"), the City ofLivermore, a munidpal corporation ("Livermore"), the Alameda County. Flood Control and Water Conservation District Zone 7, a political subdivision of the State of California ("Zone 7"), the Dublin San 1Lemon Services District, a public agency of the State of Cal/fomia ("DSRSD'), Windemere P, anch Partners, a California limited partnership ("Windemere"), and Shapell Industries, Inc., a Delaware corporation ("$hapell"). RECITALS A. On January 21, 1998, Zone 7 c~rtified the adequacy of a final supplemental environmental impact report ('~S~IR") addressing the potential environmental impacts of an arrangement by which, among other things, Zone 7 would acquire 7,000 acre-tea of State Water Project water entitlements and wholesale an equivalent amount o£treated water to DSRSD for use in the Dougherty Valley(the "Dougherty Water Transfer'). B. On January 28, 1998,.Zone 7 made certain findings and authorized the execution of ee~ain agreements with DSRSD and other agencies pursuant to which, among other things, DSRSD's "set"Ace area" (as described in the.existing water supply agreement between Zone 7 and DSI~SD) would be expanded to include the Dougherty Valley and Zone 7 would supply treated water to DSRSD for use in the Dougherty Valley. C. Pleasanton and Livermore have expressed a des/re for greater regional cooperation on matters related to water service in the Tfi-Vailey a~ea and to initiate discussions with Zone 7 and DSRSD for the purpose of developing policies to' guide the provision of water services by Zone 7 to its existing and future customers. Pleasanton and Livermore desire that these policies address issues of water supply, reliability and delivery affecting the Tri- Valley, including 'the circumstances under which Zone 7 or DSRSD might or might not provide water service to areas outside of Zone 7 boundaries (other than the Dougherty Valley). Pleasanton and Livermore have further expressed a desire to refrain from filing any legal action against the Dougherty Water Transfer for a certain time period, during which period the public agency parties to this agreement (the "Public Agency Pat~ies') would endeavor to initiate and pursue such discussions. D. Pleasanton previously entered into a tolling agreement with Zone 7, DSRSD, Berrenda Mesa Water D/strict ("BMWD"), Windemere and ShaPell ~hich, aa amended, requ/res that any lawsuit against the Dougherty Water Transfer be filed by certain dates and be limited to certain claims and issues (the "Pleasanton Agreement'.'). The parties to the Pleasanton Agreement disagree as to whether Pleasanton has or has not, by vLrtue of the Pleasanton Agreement and the passage of time, waived its right to initiate any legal action against the parties to that agreement (other than BMWD). I wc-20075 v.2