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rehabilitation, remodeling, relocation and repair of the existing Joint Facilities and <br /> any additions thereto; and <br /> WHEREAS, Sections 1.22 and 1.29 of the Agreement, defining Joint <br /> Facilities and Project, respectively, require amendment to reflect the completed <br /> construction of Stage I, the actual treatment capacity constructed under <br /> Stage 2 and the improvements to Stages 1 and 2 constructed ar to be <br /> constructed pursuant to the CIP; and <br /> WHEREAS, Subdivision (b) of Section 5.6 of the Agreement provides for the <br /> financing and construction of Stage 2 of the Project in four (4) substages, but such <br /> construction has proceeded in varying increments corresponding to the Agencies' <br /> needs and funding availability, thereby requiring amendment of said Section to <br /> conform to that procedure; and <br /> WHEREAS, Section 5.9 and Exhibit A of the Agreement pertain to allocation <br /> of the initial capital costs of the Joint Facilities, but do not expressly provide for the <br /> allocation of such costs and the improvements constructed or to be constructed <br /> pursuant to the CIP, thereby requiring amendment of said Section and Exhibit to <br /> conform to the allocation of capital costs subsequent to construction of Stages 1 <br /> and 2, the inclusion of any additional capital facilities and the revised proportionate <br /> ownership of the Member Agencies in the Joint Facilities so described; and <br /> WHEREAS, Section 7.2 of the Agreement, establishing the capacity rights <br /> of the Member Agencies, requires amendment to set forth the actual capacity <br /> rights following completion of Stage 2 of the Project, such that their respective <br /> capacity rights and ownership of the Joint Facilities conform to the combined <br /> actual capacit�r established by Stages 1 and 2; and <br /> WHEREAS, the Agencies desire to enact the foregoing amendments; <br /> NOW, THEREFORE, in consideration of the above premises, and pursuant <br /> to Section 9.5 of the Agreement, the Agencies do hereby agree as follows: <br /> 1. Section 1.22 of the agreement is hereby amended to read as follows: <br /> "Section 1.22 Joint Facilities. `Joint Facilities' means the 1969 Facilities, all <br /> facilities conveyed to the Authority pursuant to Section 5.8 hereof, Stage 1 of the <br /> Project, Stage 2 of the Project and improvements resulting from the <br /> reconstruction, replacement, rehabilitation, remodeling, relocation and repair by <br /> 5 <br /> SBSA_JPASuppVl_052212 <br />