Res 2019-188/approving amendment No. 1 to the first amended and restated Regional Project Agreement with the Guadalupe-Blanco River Authority (GBRA) to provide for additional treated groundwater from the Carrizo-Wilcox Aquifer made available by the Allia

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the Point of Delivery shall be based solely upon GBRA's prorata share, based on relative amounts of treated surface water delivered to the Parties, of the Net Plant Operating and Maintenance Costs. No other person or entity shall be entitled to any equity interest in the Plant for any reason including, without limitation, the payments made to GBRA or the City under this Agreement or under any agreements between either Party and that Party's customers, except as mutually agreed between GBRA and the City. (6) Carrizo Facilities Cost Allocation and Recovery. Prior to the construction of any Carrizo Facilities on the Plant Site, the Parties shall have a ig=eed on the relative allocation of all costs related to the design and construction of the Carrizo Facilities through the Carrizo Project Agreement as described in Section 41)(b). The Parties also agree herewith that the annual Carrizo Facilities Operation and Maintenance Expenses shall be separately budgeted prior to each year and separately recorded throughout each Annual Payment Period. The City shall be responsible for the payment of all Carrizo Facilities Operation and Maintenance Expenses and shall bill GBRA monthly for one -twelfth of GBRA's prorata share of the then -current budgeted Carrizo Facilities Operation and Maintenance Expenses. Within 60 days after the payment by GBRA of the last bill for the preceding City Annual Payment Period, the Cit shall hall provide to GBRA a statement of the actual Carrizo Facilities Operation and Maintenance Costs for such period. If GBRA's prorata share, based on relative amounts of treated ground water delivered to the Parties, of the actual Carrizo Facilities Operation and Maintenance Costs exceed the amounts billed to and paid by GBRA GBRA shall paw difference to the City. If GBRA's prorata share, based on relative amounts of treated ground water delivered to the Parties, of the actual Carrizo Facilities Operation and Maintenance Costs are less than the amounts billed to and paid by GBRA, the City shall refund the difference to GBRA. 10. Section 23A, Payments for Plant Expansions, is hereby amended to read as follows: Section 23A. Payments for Plant Expansions. In accordance with the provisions of Section 23(2)(b), once per month during the term of this Agreement but only for as long as GBRA Plant Expansion Debt Instruments are outstanding, the City shall charge GBRA one -twelfth (1/12) of the annual amount required to cover the City's payment obligations under the GBRA Plant Expansion Debt Instruments, related to the GBRA Plant Expansion M06A Revenue Bonds, altaelied hereto as Attaehment "E" plus a twenty percent (20%) debt coverage fee (the "Debt Service Charge"). As long as the 2006 Any GBRA Plant Expansion Debt Instruments are outstanding, the Debt Service Charge will be charged by the City and paid by GBRA whether or not any water is treated and delivered to GBRA during the previous month. For any future additional GBRA Plant Expansions, once per month, the City shall also charge GBRA one -twelfth (1/12) of the annual amount required to cover the City's 12