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GBRA and the City, must first agree on such water source. If the parties are unable to
<br />agree to the delivery of water from a new source other than Canyon Reservoir, GBRA
<br />shall continue to deliver to the City from Canyon Reservoir the full quantity of water
<br />which the City is entitled to receive under the 1989 Contract, as amended, inclusive of
<br />this Third Amendment. In the event that the water furnished by GBRA to the City is
<br />from a source other than Canyon Reservoir, the parties agree that the charge for such
<br />water will be GBRA's firm Canyon Reservoir water rate in effect at that time. The
<br />"Annual Commitment" shall mean the minimum quantity of water to be taken from
<br />conservation storage or other water source, or paid for, whether taken or not, on an
<br />annual calendar-year basis in any calendar year. Commencing on January 1, 2009
<br />through March 31, 2009, the Annual Commitment amount is 6,000 acre-feet of water per
<br />year. Commencing on April 1, 2009 (the "Availability Expiration Date") and ending
<br />December 31, 2009, the Annual Commitment amount shall be 7,000 acre-feet of water
<br />per year; commencing on January 1, 2010 and ending on December 31, 2010, the Annual
<br />Commitment amount shall be 8,000 acre-feet of water per year; commencing on January
<br />1, 2011 and ending December 31, 2011, the Annual Commitment amount shall be 9,000
<br />acre-feet of water per year; commencing on January 1, 2012 until the 1989 Contract
<br />terminates, the Annual Commitment amount shall be 10,000 acre-feet of water per year
<br />(the "New Annual Commitment").
<br />2. Paragraph F. Monthly Pais amended by adding the following sentence to the end
<br />of Paragraph F:
<br />Payments for the Annual Commitment amount will be assessed and become due to and
<br />payable by the City based on the following Annual Commitment amounts: (i) January 1,
<br />2009 through March 31, 2009 - 6,000 acre feet of water per year; (ii) April 1, 2009
<br />through December 31, 2009- 7,000 acre feet of water per year; (iii) January 1, 2010
<br />through December 31, 2010 - 8,000 acre feet of water per year (iv) January 1, 2011
<br />through December 31, 2011 - 9,000 acre feet of water per year; (v) January 1, 2012
<br />through the expiration of the 1989 Contract - 10,000 acre feet of water per year.
<br />IN WITNESS WHEREOF, this Third Amendment is executed as of the date first written
<br />above, but effective on the Effective Date, on behalf of the City and GBRA by their respective
<br />authorized officers, in multiple counterparts, each of which shall constitute an original.
<br />CITY OF SAN MARCOS, TEXAS
<br />BY: ,
<br />Rick Men haca, City Manager
<br />GUADALUPE-BLANCO RIVER AUTHORITY
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