Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System

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Process of the FMAI only as follows: (1) if it is determined that the San Antonio Water System ( "SAWS ") ASR for Springflow Protection Program (see HCP § 5.5) Program ( "ASR Program ") be discontinued as a Conservation Measure by the Implementing Committee of the Edwards Aquifer Habitat Conservation Plan Program under Section 7.12.4.f of the FMA, Lessee may terminate this Lease, in its sole discretion, by providing advance written notice of termination to Lessor by July 1St of any year during the Term of this Lease, in which case this Lease terminates on December 31St of the same year in which the notice is timely given; or (2) if the ASR Program is modified and such modification results in a material conflict with this Lease, and the parties are unable in good faith to renegotiate a modification to this Lease to be consistent with the modified ASR Program within 60 days from the date Lessee gives notice to Lessor that the ASR Program has been modified, either party may terminate this Lease by providing advance written notice of termination to the other party by July 1St of any year during the Term of this Lease, in which case this Lease terminates on December 31St of the same year in which the notice is timely given. 4. Lease Lessee agrees to pay to Lessor as provided in Payment. that certain Interlocal Contract No. 14- [insert ] between the Edwards Aquifer Authority and the City of San Marcos, Texas and Texas State University for Expansion of the City of San Marcos' Reclaimed Water System (Project Design And Construction - Phase I), effective [insert month, date, year]. 5. Aquifer During the Term of this Lease, Lessor shall have no duty to pay any Management aquifer management fees assessed by Lessee relative to the Groundwater Fees. Rights. 6. Defense Lessee shall have the right to initiate and prosecute any proceedings of Rights. relating to the Groundwater Rights and, at its election, the Property as may be necessary for the protection of the Groundwater Rights, including but not limited to protecting, defending, or preserving the rights to withdraw groundwater from the Edwards Aquifer and place it to beneficial use. If 1 For purposes of this Lease, "FMA" means the Funding and Management Agreement by and among the Edwards Aquifer Authority, the City of New Braunfels, the City of San Marcos, the City of San Antonio, acting by and through its San Antonio Water System Board of Trustees, and Texas State University — San Marcos to fund and manage the Habitat Conservation Plan for the Edwards Aquifer Recovery Implementation Program (eff. Jan. 1, 2012). "Adaptive Management Process" or "AMP" means the iterative process designed to develop information through monitoring and research, and the review and use of the results to confirm the efficacy of or to adjust the Conservation Measures, all as described in Article Seven of the FMA and in Chapter 6 of the Habitat Conservation Plan ( "HCP "). See FMA § 1.1.1. The HCP that is in effect for purposes of this Lease is that which accompanies the application for an Incidental Take Permit ( "ITP ") approved by the U.S. Fish and Wildlife Service on March 18, 2013, and assigned Permit No. TE63663A -0. Page 3 of 8