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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rights or liabilities accrued prior to such termination, including the equity ownership interests acquired by the Parties in the Plant, Carrizo Facilities, and the Raw Water Delivery System, respectively, as provided herein. 3. Section 4, Design, Construction, Operation and Maintenance, and Ownership of the Plant, is hereby amended to read as follows: Section 4. Design, Construction, Operation and Maintenance, and Ownership of the Plant Site Facilities. (1) Plan Design and Construction of Plant Site Facilities. (a) The City shall design, acquire and construct the Plant. The Plant shall be designed and constructed in phases, so that the completed initial phase can be easily expanded from time to time by the Minimum Plant Expansion (3 MGD) or a multiple thereof. The design capacity of the initial phase of the Plant shall be 6 MGD, unless either Parry specifies a greater initial capacity as set forth below, or unless the Parties agree otherwise. The amount of any increase in the initial phase capacity of the Plant shall be 1 MGD or a multiple thereof. If either Party desires a greater initial phase capacity, it shall give the other Party notice of the amount of increase before the final Plant design is fifty percent (50%) complete. If either Party desires to increase the initial phase capacity after the final Plant design is fifty percent (50%) complete, the Party requesting the increase in capacity shall be obligated to pay all increases in the cost of design, engineering and construction actually incurred as a result of designing the Plant to include the requested increased capacity in the initial phase. Provided, however, that no change in the final design of the initial phase capacity of the Plant shall be authorized after the final design is fifty percent (50%) complete if such design change could delay the anticipated completion date for the construction of the initial phase of the Plant which is projected for December 31, 1999. After construction of the initial phase, the City shall expand the capacity of the Plant from time to time upon the request of either Parry. The amount of any such expansion shall be the Minimum Plant Expansion or a multiple thereof. The cost of any such expansion shall be borne by the Parties in accordance with the percentage of the additional capacity they intend to utilize. In the event only one of the Parties requests the expansion, that Party shall be solely responsible for all costs for design changes, engineering and construction of such expansion in the full multiple increments of the Minimum Plant Expansion. (b) Subject to the execution of a separate interlocal agreement (the "Carrizo Project Agreement") entered into by the Parties contemporaneously with this Agreement and pursuant to its terms the City shall design and construct the Carrizo Facilities on the Plant Site. The Carrizo Project Agreement shall include the rights and responsibilities of each Party and at a minimum include provisions related to the relative