Res 2009-038 - Laserfiche WebLink

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except, however, that GBRA shall be responsible for any incremental costs incurred by GBRA for any of the following: (1) construction by GBRA of an initial pipeline(s) with a conveyancing or pumping capacity greater than the capacities specified in Section 5, above; (2) construction by GBRA of any additional pipelines; (3) acquisition of additional lands and interests in lands necessary for any additional pipelines and any additional pump stations for such additional pipelines; and (4) installation of any pumps for GBRA pursuant to Section 5, above; and except further, however, that GBRA shall also be responsible for GBRA's share of the remainder of the Raw Water Delivery System Annual Requirement ("GBRA's Share of Remaining Raw Water Requirement"). GBRA's Share of Remaining Raw Water Requirement for any given period of time shall be based upon the amount of water, if any, pumped or conveyed for GBRA, or any third party contemplated by Section 9 of this Agreement, via the Raw Water Delivery System during that period of time relative to the total amount of water pumped or conveyed via the Raw Water Delivery System during that period of time. GBRA's Share of Remaining Raw Water Requirement for any given period of time shall not include costs associated with the design, acquisition, installation or construction of any pumping or conveyance capacity other than capacity, if any, then being reserved for and used by GBRA pursuant to Section 9, above, from and out of the portion of the pumping and conveyance capacity installed and constructed for the City. For budget years before the date on which GBRA fully pays and retires all of the Project Debt Instruments for the initial phase of the Raw Water Delivery System, the rates charged by GBRA to its customers for the delivery of raw water via the Raw Water Delivery System shall not be less than the rates charged by GBRA to the City for the delivery of raw water under this Agreement (the "City's Rates"). All revenues received by GBRA from its customers for the delivery of raw water during any such year shall go first toward payment of GBRA' s total share of the Raw Water Delivery System Annual Requirement for that year. If GBRA' s revenues exceed GBRA's total share for that year, then GBRA shall credit the difference toward payment of the City' s share of the Raw Water Delivery System Project Debt Instruments for that year for the initial phase of the Raw Water Delivery System, to the extent that GBRA's revenues are due to the difference between the City's Rates and the rates that GBRA would have charged its customers if such rates were calculated based on payment by GBRA of its actual share, if any, of the Raw Water Delivery System Project Debt Instruments for the initial phase of the Raw Water Delivery System. For budget years following the date on which GBRA fully pays and retires all of the Project Debt Instruments for the Raw Water Delivery System, the rates charged by GBRA to the City for conveying raw water to the City via the Raw Water Delivery System shall be based solely upon the City's prorata share, based on relative amounts of water pumped and delivered, of the Operation and Maintenance Expenses of the Raw Water Delivery System. -15-