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WHEREAS, the City of Redwood City and the County of San Mateo entered <br />into that certain agreement entitled "Agreement — Wastewater Treatment Capacity <br />(Emerald Lake Hills Area)" dated August 19, 1980 (the "Capacity Agreement'), <br />pursuant to which the City has allocated to the County 0.5 mgd (millions of gallons <br />per day) sanitary sewerage treatment capacity rights for the benefit of lands located <br />within the area thereafter established as the Emerald Lake Heights Sewer <br />Maintenance District; and <br />WHEREAS, application for annexation to the Emerald Lake Heights Sewer <br />Maintenance District has been made by the owners of the land hereinafter <br />described (the "Annexing Territory"); and <br />WHEREAS, the County and the City desire to confirm that treatment capacity <br />rights allocated to the County pursuant to the Capacity Agreement shall not be used <br />for treatment of sewage emanating from the Annexing Territory; and <br />WHEREAS, paragraph XI of the Transmission Agreement provides that said <br />agreement may be revised, altered, amended or supplemented by written <br />agreement; and <br />WHEREAS, the parties hereto desire to supplement the Transmission <br />Agreement by providing for the inclusion of the Annexing Territory in the service <br />area specified in said agreement; <br />Agmt -389 2 <br />DES:djk <br />F: /Shared /Redwood /Council /Ag mt <br />08/17/00 <br />13982 <br />