Res 2008-160 - Laserfiche WebLink

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Measure. San Marcos does not guarantee the delivery of the quantities of water under this paragraph and its obligation to supply water hereunder is subject to Section 4.02 or any other limitations on San Marcos' ability or obligation to supply water as may be provided in this Agreement. Section x.02. Additional Quantities of Water. Kyle may request to purchase, and San Marcos may supply additional quantities of Treated Water in excess of the Annual Limit and Maximum Quantity at the applicable rate established under this Agreement and, subject to availability and capacity of San Marcos' Water distribution facilities as determined by San Marcos, in its sole and absolute discretion. San Marcos, may, but is in no manner obligated to, supply all or any portion of such additional amounts of Treated `' ter requested. Section 1.03. ether Users of San Marcos Water Dic? ???ition and Treatment Facilities. San Marcos will endeavor to ensure that any connec' ions r?. ' ° to the San Marcos Water Treatment Plant andlor its water distribution facilities to ?rve othe? rs are equipped and operated in such a way that San Marcos is able to comply witi `s supply ??ligations to Kyle under this Agreement. In the event of a circumstance sF' ` in ? ' x.02 which reduces available Treated Water below the Annual Limit or MaX ?mur?^. Dail*? Quantity, San Marcos shall not reduce Kyle's supply under this Agree1 ,t by a ? ?r? ?ntage ? eater than reduced for any other wholesale purchaser of water from San Mu ?s. Section 1.04. Point of Delivery. The Treater `rater will be delivered at such point of deliver the "Point of Deliver ' design ? that ? ,?ln Amended and Restated Water Y? y Transportation Agreement enterE? ?, bf .ween ?, ° anc? San Marcos in 2002 the "Amended and Restated Water Transportation A? ?ment"}, ti filch, as of the date of this Agreement is designated as a Ground Storage Tank col ??cted r ? Kyle at a point approximately 1,040 feet east of the intersection of Interst% .? ' ?hway ? a an eight-inch tap into the San Marcos water main at the northwF +ern pe imete . ? the Champions Business Park Subdivision along Yarrington Road, N .y?s County, ex .s. rl , artier may mutually agree in writing to designate a new Point of Deli ? ry or other futon join s of delivery. Secti ? 1.05. ? ??ity of Water to be Supplied. San Marcos agrees that the Treated Water supplied under this Neernent will be of the same quality as potable water made available by San Marcos within all d? .covered by its Certificate of Convenience and Necessity the "Delivered Water Quality"}. ? .yle shall be solely responsible for improving or otherwise altering the Delivered Water Quality to meet any inconsistent standards it deems suitable for its needs. Section 1.06. operation and Maintenance of Facilities. This Agreement is subject to the requirements for the operation and maintenance of all existing facilities, equipment, meters, pipelines and connections necessary for the delivery of water to Kyle under the Amended and Restated Water Transportation Agreement. No new construction or installation of additional facilities, equipment, meters, pipelines or connections by either party shall be mandated by this Agreement, it being the understanding of the parties that such facilities, equipment, pipelines, meters and connections as provided in the Amended and Restated Water Transportation Agreement are capable of serving the requirements of this Agreement. 2