Reso 2020-067 Asset transfer with East Bay Dischargers

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TRANSFER AGREEMENT FOR SAN LEANDRO EFFLUENT PUMP STATION AND SAN LEANDRO PIPELINE THIS TRANSFER AGREEMENT (this "Agreement") is entered into as of June , 2020 (the "Effective Date"), by and between the East Bay Dischargers Authority, a joint exercise of powers authority (the "Authority") and the City of San Leandro, a California charter city (the "City"). The Authority and the City are each referred to as a "Party" and collectively referred to herein as the "Parties." RECITALS A. The Authority was originally formed pursuant to a Joint Exercise of Powers Agreement dated February 15, 1974, (the "Original JPA") with the City as one of its members. B. The Original JPA was amended and restated by the Amended and Restated Joint Exercise of Powers Agreement dated July 1, 2020 (the "Amended JPA"), a copy of which is attached as Exhibit A. C. Under the original JPA, the Authority is designated as the owner of an effluent pump station located on property known as County Assessor's Parcel Number 77A-746-9, in the City of San Leandro (the "Pump Station"), as depicted on Exhibit B attached hereto. D. Under the original JPA, the Authority is also designated as the owner of the force main that runs from the Pump Station to one foot north of the north wall of the Authority's Marina Dechlorination Facility in the City of San Leandro (the "Pipe System," and together with the Pump Station, the "Assets"), as depicted on Exhibit C attached hereto. E. The Authority desires to transfer the Assets to the City, and the City desires to accept the Assets. F. Under the Amended JPA, the list of facilities owned by the Authority has been revised to remove the Assets, and the City's percentage of operation and maintenance costs has been reduced to reflect the City's assumption of the operation and maintenance of the Assets. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, the Authority and the City hereby agree as follows: 1 3522301.1