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<br />WHEREAS, the City of Redwood City and the County of San Mateo entered <br /> <br />into that certain agreement entitled "Agreement - Wastewater Treatment Capacity <br /> <br />(Emerald lake Hills Area)" dated August 19, 1980 (the "Capacity Agreement"), <br /> <br />pursuant to which the City has allocated to the County 0.5 mgd (millions of gallons <br /> <br />per day) sanitary sewerage treatment capacity rights for the benefit of lands located <br /> <br />within the area thereafter established as the Emerald lake Heights Sewer <br /> <br />Maintenance District; and <br /> <br />WHEREAS, application for annexation to the Emerald lake Heights Sewer <br /> <br />Maintenance District has been made by the owners of the land hereinafter <br /> <br />described (the "Annexing Territory"); and <br /> <br />WHEREAS, the County and the City desire to confirm that treatment capacity <br /> <br />rights allocated to the County pursuant to the Capacity Agreement shall not be used <br /> <br />for treatment of sewage emanating from the Annexing Territory; and <br /> <br />WHEREAS, paragraph XI of the Transmission Agreement provides that said <br /> <br />agreement may be revised, altered, amended or supplemented by written <br /> <br />agreement; and <br /> <br />WHEREAS, the parties hereto desire to supplement the Transmission <br /> <br />Agreement by providing for the inclusion of the Annexing Territory in the service <br /> <br />area specified in said agreement; <br /> <br />Agmt-389 <br />DES:djk <br />F :/Shared/Redwood/Cou ncill Ag mt <br />08/17/00 <br /> <br />2 <br />