Res 2014-163/Sale of treated water to Crystal Clear Special Utility District

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subsequent day. The Water shall be delivered in a consistent delivery pressure range, at a flow rate of up to 160 gallons per minute. Higher flow rates may be allowed by the City, in its sole and absolute discretion, if not detrimental to operations, service pressures or flows in the City's water distribution system. The unit of measurement for all Water delivered hereunder shall be 1000 gallons of water, U.S. Standard Liquid Measure. The City does not guarantee the delivery of the quantities of water under this paragraph and its obligation to supply water hereunder is subject to Section 4.02 or any other limitations on the City's ability or obligation to supply water as may be provided in this Agreement. Section 1.02. Additional Quantities of Water. Crystal Clear may request to purchase, and the City may supply additional quantities of Water in excess of the Maximum Daily Quantity at the applicable rate established under this Agreement and, subject to availability and capacity of the City's water distribution facilities as determined by the City, in its sole and absolute discretion. The City, may, but is in no manner obligated to, supply all or any portion of such additional amounts of Water requested. Section 1.03. Other Users of San Marcos Water Distribution. The City will endeavor to ensure that any connections made to the City's water distribution facilities to serve other users are equipped and operated in such a way that the City is able to comply with its supply obligations to Crystal Clear under this Agreement. In the event of a circumstance set forth in Section 4.02 which reduces available Water below the Maximum Daily Quantity, the City shall not reduce Crystal Clear's supply under this Agreement by a percentage greater than reduced for any other wholesale purchaser of water from the City. Section 1.04. Point of Delivery. The Water will be delivered at such point of delivery (the "Point of Delivery ") designated as the southwest corner of the intersection of State Highway 123 and Wonder World Drive, approximately 300 feet west of State Highway 123 and 300 feet south of Wonder World Drive within state right -of -way. The parties may mutually agree in writing to designate a new Point of Delivery or future points of delivery. Section 1.05. Quality of Water to be Supplied. The City agrees that the Water supplied under this Agreement will be of the same quality as potable water made available by the City within all areas covered by its Certificate of Convenience and Necessity (the "Delivered Water Quality "). Crystal Clear shall be solely responsible for improving or otherwise altering the Delivered Water Quality to meet any inconsistent standards it deems suitable for its needs. Section 1.06. Operation and Maintenance of Facilities. This Agreement is subject to the requirements for the operation and maintenance of all existing facilities, equipment, meters, pipelines and connections necessary for the delivery of water to Crystal Clear. No new construction or installation of additional facilities, equipment, meters, pipelines or connections by either party shall be mandated by this Agreement, it being the understanding of the parties that such facilities, equipment, pipelines, meters and connections. Article 2. Payments for Treated Water and Other Terms of Supply 2