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FIRST AMENDED AND RESTATED REGIONAL PROJECT AGREEMENT BETWEEN CITY OF SAN MARCOS AND GUADALUPE-BLANCO RIVER AUTHORITY This First Amended and Restated Regional Project Agreement Between City of San Marcos and Guadalupe-Blanco River Authority (this "Agreement") is made and entered into as of the Effective Date as defined below, by and between the CITY OF SAN MARCOS, TEXAS (the "City"), a home rule city and municipal corporation of the State of Texas, organized and operating under the provisions of its home rule charter and the Constitution and laws of the State of Texas, and the GUADALUPE-BLANCO RIVER AUTHORITY ("GBRA"), a conservation and reclamation district and political subdivision of the State of Texas created pursuant to Article XVI, Section 59 of the Texas Constitution by special act of the Legislature, formerly compiled at Article 8280-106, Vernon's Annotated Civil Statutes. The City and GBRA are referred to herein collectively as the "Parties," and separately as the "Party." Recitals This Agreement amends and restates that certain agreement dated July 1, 1997 between the Parties commonly referred to as the "Regional Project Agreement". Six amendments have been made to the Regional Project Agreement by the Parties since its execution. The amendments were all made through a series of letter agreements dated March 1, 1998, December 9, 2003, July 1, 2005, August 25, 2005, December 15, 2005 and June 12, 2006 respectively (collectively, the "First Six Amendments"). In addition to the First Six Amendments, the parties agreed that further amendments are necessary in connection with the GBRA Plant Expansion and activation on January 1, 2008 and the expiration of the City's extended reservation for GBRA of the original treatment capacity and the related billing for such original capacity as outlined in the Letter Agreement on Interim Rate and Billing Procedure dated February 21, 2008, a copy of which is attached hereto as Attachment "A", and made a part hereof for all purposes. To minimize the confusion regarding and the difficulty of locating, navigating through and reconciling all of the amendments and for the benefit of persons who will oversee the Regional Project Agreement in the future the Parties agree it is best to integrate all amendments to the Regional Project Agreement in and through this Agreement. To the extent the Parties have entered into other agreements that reference the Regional Project Agreement, it is understood by the Parties that all such references shall mean the Regional Project Agreement as amended and restated by this Agreement. Similarly, it is understood by the Parties that they may refer to this Agreement in any agreements executed contemporaneously with or after the date of this Agreement as the "Regional Project Agreement" or the "First Amended and Restated Regional Project Agreement". The impetus for and purposes of the Regional Project Agreement as drawn from the original recitations therein are summarized below: (1) GBRA holds the right to store water in and use water from Canyon Reservoir. The Parties entered into a "Raw Water Contract" dated October 10, 1989, pursuant to which