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10/14/97 19:39 V510 278 6547 EBDA BOB ROCRETT 2 006/020 1 4.1 LAVWMA is responsible for its share of costs for any capital project that is 2 to replace and/or repair all EBDA facilities except the Alvarado and Hayward pump 3 stations, and the forcemain from Alvarado to Oro Loma. 4 4.2 It is assumed that projects covered by this section are not covered by 5 EBDA's Renewal and Replacement Fund Program. It is further assumed that projects are 6 required due to the age of the facilities or damage from natural or unnatural causes. 7 Costs attributable to LAVWMA would be exclusive of funds received from insurance, or 8 state and federal relief. 9 4.3 LAVWMA cost sharing shall be as identified in Exhibit "A", attached hereto 10 and made a part hereof as though fully set forth herein. 11 5. Capital Buy -In Fee 12 5.1 LAVWMA shall pay a capital buy -in fee of $10,000,000 payable according 13 to the following schedule: 14 5.1.1 LAVWMA shall pay $3,000,000 on or before 4anwaFy 3. 16 5.1.2 LAVWMA shall pay the remaining $7,000,000 plus accrued interest 17 commencing on July 1, 2000 and annually each July 1, through and including July 1, 18 2030. In the event that EBDA is terminated on or before July 1, 2030, payments shall be 19 made to EBDA's successor(s) as provided for in EBDA's Joint Exercise of Powers 20 Agreement. 21 5.2 In addition to the fee set forth in Paragraph 5. 1, LAVWMA shall share in the 22 capital costs for recent and current projects at the Oro Loma and San Leandro Pump 23 Stations. LAVWMA shall pay 10.43% of the total costs of the following: 24 5.2.1 Replacement of the diesel engines at the Oro Loma Pump Station draft rev, o 2 per joint mtng, C—m-t—e-7AC, HaywardTnd5 UCT01O& 14, 1997