Agmt25 County of San Francisco Second Amendment Water Sales Contract

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2 of 7 Wholesale Customers, reasonable, and not inconsistent with the WSA or an Individual Water Sales Contract; and WHEREAS, Section A, Rule 6 of the Rules provides, in part, that the SFPUC may, within its discretion, provide service to individual retail customers located outside of the limits of the City and County of San Francisco that are also located outside of areas served by the Wholesale Customers’ local distribution systems until such time as those retail customers’ properties are included within the area served by one of the Wholesale Customers, which desires and is able to provide such service, or until such time as it is no longer feasible for the SFPUC to continue to provide such service; and WHEREAS, There are 12 individual retail customers located in the Redwood City sphere of influence in and around Emerald Hills, California, that are currently served by the SFPUC, ten of which are located within Redwood City’s service area boundary as shown on Exhibit A-1 of the Contract, as amended, and the SFPUC provided its prior written consent for Redwood City to serve the other two customers, pursuant to Section 3 of the Contract, as amended, in a letter to Redwood City dated February 3, 2025; and WHEREAS, Pursuant to Section A, Rule 6 of the Rules, Section 3 of the Contract, as amended, and the SFPUC’s consent, Redwood City has agreed to take over the SFPUC’s water service obligations to those 12 individual retail customers, providing water service to those customers directly from the Redwood City water distribution system, and the SFPUC has agreed that it will not include the de minimis demands of those customers in its calculation of Redwood City’s total annual purchases from the SFPUC when determining the excess use charges that Redwood City may be required to pay during times of mandatory rationing in a declared water shortage emergency under the Water Shortage Allocation Plan (WSA Attachment H); and WHEREAS, San Francisco and Redwood City desire to further amend the Contract, as amended, pursuant to Section 2.03.D of the WSA, on the terms and conditions set forth herein, in order to (1) adjust Redwood City’s service area boundary as shown on the new map designated as Exhibit A-2, which is attached to this Amendment as Attachment 1, to reflect Redwood City’s agreement to take over water service obligations for those SFPUC retail customers located in the Redwood City sphere of influence in and around Emerald Hills, California, and (2) modify the terms of Section 3 of the Contract to provide that San Francisco will not include the de minimis demands of those customers in its calculation of Redwood City’s total annual purchases from the SFPUC when determining the excess use charges that Redwood City may be required to pay during times of mandatory rationing in a declared water shortage emergency under the Water Shortage Allocation Plan (WSA Attachment H); NOW, THEREFORE, San Francisco and Redwood City agree as follows: Article 1 Definitions The following definitions shall apply to this Second Amendment: 1.1 Contract. The term “Contract” shall mean the Individual Water Sales Contract dated July 1, 2009 between San Francisco and Redwood City, as amended by the First Amendment to that Contract dated June 27, 2023. Docusign Envelope ID: 828A25CF-BF83-427A-A859-0E3B32E864A8