Res 2009-038 - Laserfiche WebLink

Home Browse Search

THIRD AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN CITY OF SAN MARCOS, TEXAS AND GUADALUPE-BLANCO RIVER AUTHORITY This Third Amendment (the "Third Amendment") to the Water Purchase Contract between the City of San Marcos, Texas and the Guadalupe-Blanco River Authority dated October 10, 1989 (the "1989 Contract") is made and entered into as of this /3^ day of tmacm , 2009, but effective on April 1, 2009 (the "Effective Date") by and between the City of San Marcos, Texas (the "City") and the Guadalupe-Blanco River Authority ("GBRA"). WHEREAS, on October 10, 1989 the City and GBRA entered into the 1989 Contract whereas the City agreed to purchase 5,000 acre-feet of raw water from GBRA pursuant to GBRA's Canyon Lake water rights; WHEREAS, on July 1, 1997 the City and GBRA entered into the First Amendment (the "First Amendment") to the 1989 Contract to extend the term of the 1989 Contract to July 1, 2047; WHEREAS, on December 9, 2003, but effective on January 1, 2004, the City and GBRA by Letter Agreement amended the 1989 Contract (the "Second Amendment") to establish the framework under which the City could request to increase its Annual Commitment under the 1989 Contract for an additional 5,000 acre-feet of raw water per year for a total Annual Commitment of not to exceed 10,000 acre-feet of raw water per year; WHEREAS, on August 31, 2007 GBRA pursuant to the Second Amendment notified the City that the "Availability Expiration Date," as determined by GBRA is April 1, 2009; WHEREAS, on October 3, 2007 the City provided written notice to GBRA of the City's desire to increase its Annual Commitment, as defined in Paragraph A of the 1989 Contract by an Additional Amount of 5,000 acre-feet of raw water per year as defined in Paragraph 7(a) of the Second Amendment. NOW THEREFORE, in consideration of the foregoing recitals and of the mutual benefits and provisions thereinafter contained in this Third Amendment, the City and GBRA agree to amend the 1989 Contract, as amended, as follows. All other terms and conditions of the 1989 Contract, as amended, not expressly amended by this Third Amendment shall continue in full force and effect. 1. Paragraph A. Quantity is amended to read as follows: GBRA shall furnish the City, at the point or points of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, untreated water released from conservation storage in Canyon Reservoir under Certificate of Adjudication 18-2047, as amended, or other reservoir storage or other water sources available to GBRA in such quantity as may be required by the City not to exceed the Annual Commitment. Prior to the initial delivery of water from a new source other than Canyon Reservoir and in conformance with Section 13 (2) of that First Amended and Restated Regional Project Agreement between the City and GBRA dated KPMH f 2009,