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Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System
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Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System
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4/30/2015 3:36:50 PM
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1/30/2015 8:34:16 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-05
Date
1/20/2015
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ea(E)l <br />EDWARDS AQUIFER <br />AUTHORITY <br />EDWARDS AQUIFER HABITAT CONSERVATION PLAN PROGRAM <br />LEASE OF PERMITTED EDWARDS GROUNDWATER RIGHTS <br />(Beginning [insert effective date] (reclaimed water contract - related [insert #]- -year lease) <br />This Lease of Permitted Edwards Groundwater Rights ( "Lease ") is entered into and is <br />effective on the date set out in Paragraph 3, by and between [insert name of the Lessor], the <br />person or entity that is shown by the official permitting records of the Edwards Aquifer <br />Authority as the owner of record of Permit No. [insert �q ( "Permit ", attached hereto as Exhibit <br />"A ") (hereinafter referred to as "Lessor ", whether one or more) and the Edwards Aquifer <br />Authority, a conservation and reclamation district and political subdivision of the State of Texas, <br />(hereinafter referred to as "Lessee "). Each of these entities is, at times, referred to individually as <br />a "party," and both are referred to collectively as "parties." Lessor hereby leases to Lessee <br />[insert ] acre feet per annum ( "AF /annum ") of [insert 4] of the Permit, fully transferable <br />permitted Edwards groundwater rights ( "Groundwater Rights "), appurtenant to the Property <br />described below, on the following terms and conditions: <br />1. Proverty., The Property consists of all property rights to and for the Edwards Aquifer <br />groundwater which relates to the real property described as the place of use <br />in Exhibit "A" ( "Real Property"), including the right to withdraw and <br />beneficially use [insert ] AF /annum of permitted Edwards groundwater <br />rights pursuant to the Permit, and all real and personal property rights, <br />appurtenances, permits, authorities, licenses, consents and contracts, if any, <br />pertaining to all such property rights. <br />2. Lease of The lease of the Groundwater Rights, as defined above, shall expressly <br />Permitted include all or the portion of the Permit which has been leased under this <br />Groundwater Lease, and all modifications, transfers, amendments, conversions, <br />Rights. consolidations, corrections, renewals, extensions or successor or substitute <br />permits relating to the Permit, and the right of the Lessee to withdraw and <br />beneficially use the Groundwater Rights pursuant to this Lease. <br />3. Term. (a) Subject to subsection (b), the Term of this Lease shall be for <br />a period of [insert text of a number] ([insert ]) years commencing on <br />[insert month, date, year] ( "Effective Date "), and continuing through <br />December 31, [insert year]. Each consecutive 12 month period from <br />January 1, [insert year], is a Lease Year. <br />(b) This Lease may be terminated prior to the term stated in <br />subsection (a) due to decisions made pursuant to the Adaptive Management <br />Page 2 of 8 <br />
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