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• AMENDMENT NO. 1 TO
<br />REGIONAL WATER SUPPLY CONTRACT
<br />This is Amendment No. 1 to the Regional Water Supply Contract (the "Contract") by and
<br />among the Hays Caldwell Public Utility Agency (the "Agency"), and the City of Buda, Texas,
<br />the City of Kyle, Texas, the City of San Marcos, Texas, and the Canyon Regional Water
<br />Authority. The Contract was dated and effective as of January 1, 2008. This Amendment is
<br />dated and effective as of October 31, 2009. The City of Buda, Texas, the City of Kyle, Texas, the
<br />City of San Marcos, Texas, and the Canyon Regional Water Authority are referred to in this
<br />Amendment collectively as the "Sponsoring Public Entities" and singularly each as a
<br />"Sponsoring Public Entity".
<br />RECITALS:
<br />1. The Sponsoring Public Entities formed the Agency as a public utility agency pursuant
<br />to Chapter 572 of the Local Government Code, and executed the Contract in order to jointly
<br />plan, finance, construct, own, operate, or maintain facilities necessary for the conservation,
<br />storage, transportation, treatment, or distribution of water and wastewater, including plant sites,
<br />rights-of-way, and property, equipment, or rights of any kind useful in connection with the
<br />conservation, storage, transportation, treatment, or distribution of water and wastewater.
<br />2. The Sponsoring Public Entities have decided to postpone the issuance of Bonds by the
<br />Agency, and they are financing the activities of the Agency through cash contributions until the
<br />time the Agency issues Bonds.
<br />3. The Sponsoring Public Entities wish to revise the Contract to describe the Project
<br />more definitively, to modify the scope of the Project and the shares in the capacity of the Project
<br />to which each of them is entitled, to allow for future modifications to the scope and phasing of
<br />the Project, and to make other clarifying revisions to the Contract.
<br />AMENDMENT:
<br />
<br />NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
<br />contained, the sufficiency of which are hereby acknowledged, and upon and subject to the terms
<br />and conditions hereinafter set forth, the Sponsoring Public Entities and the Agency mutually
<br />undertake, promise, and agree that the Contract is amended as follows:
<br />1. Section 2.1 of the Agreement is amended as follows (underlining indicates added
<br />text; ke indicates deleted text):
<br />Section 2.1. General; Project Description.
<br />(a) The Project will have a total capacity of 33,212 acre-feet/year. The
<br />Facilities will be constructed in two phases as described in the Engineering Report, the
<br />first phase having a capacity of 15,000 acre-feet/year, and the second phase having a
<br />• capacity of 18,212 acre-feet/year. Prior to the issuance of Bonds by the Agency for each
<br />phase of construction of the Facilities, the Parties matey written amendment to this
<br />Contract approved by all of the Parties, agree to revise the total capacity of the Project,
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