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<br />DES:mF~ 2/1/89 (#38/038) <br /> <br />August 19, 1980 (the "Capacity Agreementll), pursuant to which the <br /> <br />City has allocated to the County 0.5 mgd (millions of gallons per <br /> <br /> <br />day) sanitary sewerage treatment capacity rights for the benefit <br /> <br /> <br />of lands located wi thin the area thereafter established as the <br /> <br /> <br />Emerald Lake Heights Sewer Maintenance District; and <br /> <br /> <br />WHEREAS, application for annexation to the Emerald Lake <br /> <br />Heights Sewer Maintenance District has been made by the owner of <br /> <br />the land hereinafter described (the lIAnnexing Territory"); and <br /> <br /> <br />WHEREAS, the County and the City desire to confirm that <br /> <br /> <br />treatment capacity rights allocated to the County pursuant to the <br /> <br /> <br />Capacity Agreement shall not be used for treatment of sewage <br /> <br />emanating from the Annexing Territory; and <br /> <br />WHEREAS, paragraph XI of the Transmission Agreement provides <br /> <br /> <br />that said agreement may be revised, altered, amended or <br /> <br /> <br />supplemented by written agreement; and <br /> <br />WHEREAS, the parties hereto desire to supplement <br /> <br />Transmission Agreement by providing for the inclusion of <br /> <br />Annexing Territory in the service area specified in said <br /> <br />the <br />the <br /> <br />agreement; <br /> <br />NOW, THEREFORE, in consideration of the above premises, the <br /> <br /> <br />parties hereto agree as follows: <br /> <br />1. Exhibit "A" of the Transmission Agreement shall be, and <br /> <br /> <br />is hereby, amended to include the Annexing Territory comprised of <br /> <br />all that certain real property situate in the County of San <br /> <br /> <br />Mateo, State of California, depicted on Exhibit II A" hereof, <br /> <br />2 <br /> <br />10980 <br />