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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capacity desired by each Party, and the respective funding requirements of each Party. (2) Plant and Carrizo Facilities Operation and Maintenance The City shall be responsible for the operation and maintenance of the Plant and the Carrizo Facilities pursuant to the terms and conditions of this Agreement. The City shall select a Plant Operator after a competitive procurement process and consideration of any Management Committee recommendations. GBRA and the City may themselves submit proposals for Plant Operator. The City will review the Plant Operator's performance at least once every five years, but may review the Plant Operator's performance more frequently in the City's sole discretion. The City may select another Plant Operator using the same procedure as the original selection. The City may hire a consultant to provide start-up services for the Plant. (3) Plant and Carrizo Facilities Ownership The City shall hold legal title to the Plant and the Carrizo Facilities including all properties, rights of way, easements and any other interest in real property acquired for the Plant, during the existence of: A) any Project Debt Instruments issued by the City for the acquisition and construction of the initial phase of the Plant, or B) any GBRA Plant Expansion Debt Instruments. GBRA shall have the right to prepay or defease any GBRA Plant Expansion Debt Instruments in accordance with the terms of such Instruments. After the Project Debt Instruments issued by the City for the initial phase of the Plant and the initial GBRA Plant Expansion Debt Instruments have been fully paid, redeemed or defeased, such that the City has no outstanding debt on the initial phase of the Plant or the initial GBRA Plant Expansion, the City shall convey to GBRA, at no cost to GBRA, legal title to an undivided interest in the Plant equal to GBRA's percentage interest in the total treatment capacity of the Plant at that time. The City hall convey to GBRA, at no cost to GBRA, legal title to an undivided interest in the Carrizo Facilities equal to GBRA's percentage interest in the total capacity of the Carrizo Facilities at that time as determined by the Carrizo Project Agreement Such conveyance shall be by written instrument in recordable form. After the transfer of legal title contemplated by this Section 4, title to the undivided interests of any future expansions in the Plant following eaeh future expansion of the D' * and the Carrizo Facilities shall be owned by the Parties based upon the proportionate amount of Plant and Carrizo Facilities expansion capacity that each Party,, respectively, has requested and paid for, and the Parties agree to execute and record, at no cost to one another, written conveyances of undivided interests in the Plant and Carrizo Facilities expansion upon completion of construction and payment of the cost of such expansions.