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ATTACHMENT t.3B Page 7 FIFTH AMENDMENT SANITARY SEWERAGE TREATMENT CAPACITY RIGHTS AND SERVICES (TOWN OF WOODSIDE) This is the Fifth Amendment to the Agreement (hereinafter the "Agreemenf') dated August 7, 2001 between the CITY OF REDWOOD CITY, a municipal corporation of the State of California ("City"), THE TOWN OF WOODSIDE, a municipal corporation of the State of California ("Woodside"), and the FAIR OAKS SEWER MAINTENANCE DISTRICT (the "District"). WITNESSETH: WHEREAS, the Agreement acknowledged that the public health, welfare, and safety require that Woodside be provided sanitary sewage transmission services and Treatment Capacity Rights for sewage emanating from Woodside's Town Center Sewer Assessment District (TCSAD) through the sewer facilities of the District and the City and provided for a Service Area shown in said Agreement as Exhibit A thereof and Exhibits A-1 an!=! A-2 hereto; and WHEREAS, previous amendments to the Agreement provided for the addition of properties, as shown in Exhibit B hereto, to the Service Area of the TCSAD subject to an amendment to the Agreement; and WHEREAS, Woodside now desires to further amend the Agreement by identifying certain properties that either have, or may have at some future date, failed on-site sewage disposal systems, which properties have the capability of being sewered by gravity into the facilities of the District and which properties will not be part of the TCSAD nor the identified Redwood Creek Sewer Assessment District; and WHEREAS, the public health, welfare, and safety require that properties with failed on-site sewage disposal systems be offered the opportunity to connect to a publicly operated and maintained sewage disposal system: and WHEREAS, the Parties hereby desire to amend the Agreement to add the properties listed and shown in Exhibit C hereto, in furtherance of the public good. NOW THEREFORE, the parties hereto agree as follows: 1. That the properties shown on Exhibit C attached hereto are eligible to be sewered by gravity into the District's facilities subject to: a. A determination by the Woodside Town Engineer that the existing on-site sewage disposal system serving an eligible property has failed and that there is no reasonable alternative from a health and safety standpoint but a gravity system into District facilities.