Res 2009-038 - Laserfiche WebLink

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time as the result of lawful annexation by the City; provided, however, that the City's Service Area does not include any service area of another water supplier as such area either is certificated or otherwise defined as of the date of this Agreement or is subsequently certificated, if such service area is lawfully modified before the date on which such area becomes a part of the City's Service Area; and provided further, however, that the City's Service Area does not include such other excepted areas shown on the map attached as Exhibit 4, or subsequently agreed to by the Parties. The current "City Service Area" is shown on the map attached hereto as Exhibit 4. GBRA further agrees that any contract for the sale by GBRA of treated water from the Plant shall require the customer to develop and implement a water conservation and drought management plan that is at least as effective as the plan adopted by and in effect for the City at the time such contract is entered into. Section 11. Deliverv of Raw Water to the Plant. GBRA shall divert water delivered to the Diversion Point under the City' s Raw Water Contract, as such Contract may be amended from time to time, and shall deliver such water to the City at the Plant in volumes requested by the City at any time up to that portion of the pumping capacity installed for the City at such time that is not subject to the GBRA Reservation. GBRA shall further deliver additional raw water to the Plant in volumes desired by GBRA, for treatment by the City up to the treatment capacity reserved and/or installed for GBRA at such time and, following such treatment, delivery back to GBRA at the Point of Delivery. Section 12. Delivery of Treated Water to GBRA. The City shall treat all raw water delivered to the Plant by GBRA for treatment and delivery back to GBRA to the extent that treatment capacity in the Plant is reserved and/or installed for GBRA pursuant to the terms of this Agreement. The City shall deliver such treated water to GBRA at the Point of Delivery in volumes desired by GBRA up to the treatment capacity reserved and/or installed for GBRA at such time. The obligation of the City to supply treated water to GBRA under this Agreement shall be limited to water provided by GBRA that is in addition to the water that is committed to the City under the City' s Raw Water Contract, as such Contract may be amended from time to time. Section 13. Additional Canyon Water and Other Sources of Raw Water. (1) Additional Canyon Water At the time of execution of this Agreement, the City and GBRA are discussing entering into a new contract, or amending the City' s Raw Water Contract, to provide the City with an additional commitment of stored water from Canyon Reservoir, for as much as an additional 5,000 acre-feet per year. If the Parties reach agreement on such an additional commitment of stored water, the new or amended contract shall provide that payment for the additional amount of stored water committed shall not commence until the date of expiration of the GBRA - 11 -