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, , <br /> ��3052 <br /> WHEREAS, application for annexation to the District has been made by the <br /> owners of the land hereinafter described (the "Annexing Territory"); and <br /> WHEREAS, the County and the City desire to confirm that treatment capacity <br /> rights allocated to the County pursuant to the Capacity Agreement shall not be used for <br /> treatment of sewage emanating from the Annexing Territory; and <br /> WHEREAS, paragraph XI of the Transmission Agreement provides that said <br /> agreement may be revised, altered, amended or supplemented by written agreement; <br /> and <br /> WHEREAS, the parties hereto desire to supplement the Transmission <br /> Agreement by providing for the inclusion of the Annexing Territory in the service area <br /> specified in said agreement; <br /> NOW, THEREFORE, in consideration of the above premises, the parties hereto <br /> agree as follows: <br /> 1. Exhibit °A" of the Transmission Agreement shall be, and is hereby, <br /> amended to include the Annexing Territory comprised of all that certain real property <br /> (A.P.N. 068-120-360) situated in the County, described and depicted on Exhibit "A" <br /> hereof, attached hereto and by this reference incorporated herein. <br /> 2. The parties hereto confirm and agree that treatment capacity for sewage <br /> emanating from the Annexing Territory shall be furnished pursuant to sanitary sewerage <br /> treatment capacity rights allocated to the City by the South Bayside System Authority, <br /> owner of the treatment facilities serving the City and the area within which the Annexing <br /> Territory is located, and shall not be furnished pursuant to the Capacity Agreement. <br /> ATTY/AGRI2013.171/SUPPLEMENTAL AGREEMENT NO.36 EMERALD LAKE <br /> REV:09-26-13 MLG <br /> Page 2 of 3 <br />