Res 2009-038 - Laserfiche WebLink

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Agreement For and in consideration of the mutual promises, covenants, obligations, and benefits described in this Agreement, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the Parties, the City and GBRA agree as follows. Section 1. Definitions. The following terms and expressions as used in this Agreement, unless the context clearly shows otherwise, shall have the following meanings: (1) "Annual Payment Period" means the period beginning on October 1 of each calendar year and ending on the last day of September of the next calendar year. (2) "Canyon Lake Water" means the water to be delivered to the City by GBRA pursuant to the City's Raw Water Contract. (3) "City's Raw Water Contract" means that certain contract dated October 10, 1989 by and between GBRA and the City, as amended, providing the City with a commitment of stored water from Canyon Reservoir of up to 10,000 acre-feet per year. (4) "City Customer" means any individual or entity that contracts with the City for treated water service from the Project whether on a wholesale or retail basis. (5) "GBRA Customer" means any individual or entity that contracts with GBRA for treated water service from the Project whether on a wholesale or retail basis. (6) "GBRA Raw Water" means raw water delivered to the Plant for treatment and delivery to GBRA. (7) "Management Committee" means the committee established pursuant to Section 14 of the Agreement. (8) "MGD' means million gallons per day. (9) "Minimum Plant Expansion" means a 3 MGD increment of Plant treatment capacity. (10) "Operation and Maintenance Expenses" means all costs and expenses of operation and maintenance of the Raw Water Delivery System or the Plant, as the case may be, including (for greater certainty but without limiting the generality of the foregoing) repairs and replacements which are not paid from a special fund created in the Bond Resolutions or other Project Debt Instruments, the charges of the bank or banks where the Bonds are payable, non-debt financed capital -3-