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<br />rights for the benefit of lands located within the area thereafter established as the <br /> <br />District; and <br /> <br />WHEREAS, application for annexation to the District has been made by the <br />owners of the land hereinafter 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 for <br /> <br />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 agreement; <br /> <br />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 seNice area <br /> <br />specified in said agreement; <br /> <br />NOW, THEREFORE, in consideration of the above premises, the parties hereto <br /> <br />agree as follows: <br /> <br />1. <br /> <br />Exhibit "A" of the Transmission Agreement shall. be, and is hereby, <br /> <br />amended to include the Annexing Territory comprised of all that certain real property <br />(A.P.N. 068-120..270) situated in the County, described and depicted on Exhibit "A" <br /> <br />hereof, attached hereto and by this reference incorporated herein. <br /> <br />2. <br /> <br />The parties hereto confirm and agree that treatment capacity for sewage <br /> <br />emanating from the Annexing Territory shall be furnished pursuant to sanitary sewerage <br /> <br />treatment capacity rights allocated to the City by the South Bayside System Authority, <br /> <br />Atty/Agr/2005.011 <br />031505 <br /> <br />2 <br />