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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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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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2/7/2020 11:13:20 AM
Creation date
10/16/2019 11:05:34 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2019-188
Date
9/30/2019
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AMENDMENT NO. 1 <br />TO <br />FIRST AMENDED AND RESTATED REGIONAL PROJECT AGREEMENT BETWEEN <br />CITY OF SAN MARCOS AND GUADALUPE-BLANCO RIVER AUTHORITY <br />This Amendment No. 1 is entered into by and between the City of San Marcos, Texas, (the <br />"City") and the Guadalupe -Blanco River Authority ("GBRA") and modifies, supplements and <br />amends that certain First Amended and Restated Regional Project Agreement dated to be effective <br />as of September 30, 2019 (the "Regional Project Agreement") between the City and GBRA. <br />RECITAL: <br />In consideration of the mutual benefits to be received by the City and GBRA as a result of <br />the continuation of the Regional Project Agreement, and other related agreements, the City and <br />GBRA agree the amend the Regional Project Agreement as set forth below. <br />AMENDMENTS: <br />1. Section 1, Definitions, is hereby amended to read as follows: <br />Section 1. Definitions. <br />The following terms and expressions as used in this Agreement, unless the <br />context clearly shows otherwise, shall have the following meanings: <br />(1) "Annual Payment Period" means the period beginning on October 1 <br />of each calendar year and ending on the last day of September of the <br />next calendar year. <br />(2) "Canyon Lake Water" means the water to be delivered to the City <br />by GBRA pursuant to the City's Raw Water Contract. <br />(2A) "Carrizo Ground Water Project Facilities" or "Carrizo Facilities" <br />means all equipment, assets and other infrastructure agreed to by the <br />Parties which is located on the Plant Site to receive, store, and pump <br />treated Carrizo Ground Water to or for the Parties. The Carrizo <br />Facilities, while constructed on the Plant Site alongside the surface <br />water treatment plant facilities, shall not be considered a component <br />of the Raw Water Delivery System or the Plant. <br />2B) "Carrizo Facilities Operation and Maintenance EXUenses" means all <br />costs and expenses of operation and maintenance of the Carrizo <br />Facilities, including without limitation, repairs and replacements, <br />non -debt financed capital expenditures, the cost of utilities, supplies, <br />services, and equipment necessary for proper operation and <br />maintenance of the Carrizo Facilities. The Carrizo Facilities <br />
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