Res14 15325 - Laserfiche WebLink

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WHEREAS, Sections 1.22 and 1.29 of the Agreement, defining Joint Facilities and Project, respectively, require amendment to reflect the completed construction of Stage I, the actual treatment capacity constructed under Stage 2 and the improvements to Stages 1 and 2 constructed or to be constructed pursuant to the CIP; and WHEREAS, Subdivision (b) of Section 5.6 of the Agreement provides for the financing and construction of Stage 2 of the Project in four (4) substages, but such construction has proceeded in varying increments corresponding to the Agencies' needs and funding availability, thereby requiring amendment of said Section to conform to that procedure; and WHEREAS, Section 5.9 and Exhibit A of the Agreement pertain to allocation of the initial capital costs of the Joint Facilities, but do not expressly provide for the allocation of such costs and the improvements constructed or to be constructed pursuant to the CIP, thereby requiring amendment of said Section and Exhibit to conform to the allocation of capital costs subsequent to construction of Stages 1 and 2, the inclusion of any additional capital facilities and the revised proportionate ownership of the Member Agencies in the Joint Facilities so described; and WHEREAS, Section 7.2 of the Agreement, establishing the capacity rights of the Member Agencies, requires amendment to set forth the actual capacity rights following completion of Stage 2 of the Project, such that their respective capacity rights and ownership of the Joint Facilities conform to the combined actual capacity established by Stages 1 and 2; and WHEREAS, the Agencies desire to enact the foregoing amendments; NOW, THEREFORE, in consideration of the above premises, and pursuant to Section 9.5 of the Agreement, the Agencies do hereby agree as follows: 1. Section 1.22 of the agreement is hereby amended to read as follows: "Section 1.22 Joint Facilities. 'Joint Facilities' means the 1969 Facilities, all facilities conveyed to the Authority pursuant to Section 5.8 hereof, Stage 1 of the Project, Stage 2 of the Project and improvements resulting from the reconstruction, replacement, rehabilitation, remodeling, relocation and repair by the Authority of Stages 1 and 2 of the Project or any component thereof or addition thereto." 2 SBSA_JPASuppVl_052212r 120412rtorsig]