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AMENDED WATER SUPPLY AGREEMENT <br /> This Amended Water Supply Agreement (the "Agreement") is entered into as of the <br /> Effective Date defined below between County Line Special Utility District ("CLSUD"), a Texas <br /> special utility district and the City of San Marcos, Texas, ("SMTXU"), a Texas municipal <br /> corporation. <br /> Recitals <br /> WHEREAS, SMTXU maintains a reserved raw water capacity that currently exceeds its <br /> current and near future water needs; and <br /> WHEREAS, in order to preserve such reserved water capacity to meet future long-term <br /> water demands, SMTXU pays for such excess and unused capacity; and <br /> WHEREAS, CLSUD is in need of additional water supplies to meet its current and near <br /> term demands and seeks to purchase water from SMTXU's excess and unused water capacity; and <br /> WHEREAS, without impairing its ability to meet current and near-term needs, SMTXU <br /> has sufficient raw water capacity to supply the amount of water requested by CLSUD; and <br /> WHEREAS, SMTXU's Surface Water Treatment Plant (collectively, the "SWTP") is <br /> capable of producing and treating such water; and <br /> WHEREAS, it is understood that SMTXU does not intend and by this Agreement will not <br /> be obligated to sell to CLSUD any amount of water other than what is contemplated by the terms <br /> and conditions of this Agreement; and <br /> WHEREAS, SMTXU and CLSUD entered into an Agreement on March 23, 2023, for <br /> SMTXU to assist CLSUD to meet its water supply needs, as provided in more detail, herein; and <br /> WHEREAS, SMTXU and CLSUD now wish to amend that agreement to extend the term <br /> of the Agreement and revise the quantity and the price in this Agreement. <br /> NOW, THEREFORE, in consideration of the foregoing and the following mutual <br /> promises, covenants, benefits and agreements contained herein, SMTXU and CLSUD agree as <br /> follows: <br /> Article 1. Supply of Treated Water by SMTXU <br /> Section 1.01. Quantity of Water to be Supplied. SMTXU agrees to provide to CLSUD, <br /> and CLSUD agrees to purchase from SMTXU, potable water treated at the SWTP (the "Treated <br /> Water")on a wholesale basis and in such varying amounts as needed by CLSUD,but not to exceed <br /> one million gallons per day. SMTXU will make available to CLSUD up to 1,500,000 gallons of <br /> Treated Water each day (the "Maximum Daily Quantity"), which may be taken in smaller <br /> quantities at CLSUD's sole discretion without reducing the Maximum Daily Quantity available <br /> 1 <br /> Version 2024.06.04 <br />