Res 2010-148 - Laserfiche WebLink

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approximately 7200 linear feet west to a location on the eastern boundary of the Property (the "Point of Delivery ") as per Exhibit G. The City agrees to provide, if available, and after meeting prior contractual reclaimed water commitments, to Carma up to 1,200,000 gallons of Reclaimed Water each day (the "Maximum Quantity ") at the rates specified below which may be taken in smaller quantities, through delivery facilities ( "Delivery Facilities ") to be constructed as provided herein and in the Reclaimed Water Permit. To the extent Carma does not use the Maximum Quantity on any day, City may sell or otherwise convey such daily unused amounts of reclaimed water to third parties. City's sale or conveyance of daily unused amounts of reclaimed water to third parties will not alter Carma's right to receive the Maximum Quantity on any other day. Carma may purchase additional quantities of Reclaimed Water from the City in excess of the Maximum Quantity at the City's then prevailing rate to the extent additional quantities are available from the City's Treatment Plant and deliverable through the Delivery Facilities. Higher flow rates may be allowed by the City if system conditions permit. Use of reclaimed water shall be in accordance with terms and conditions of the Permit issued by the City and in compliance with all applicable State and federal requirements. City agrees that the Reclaimed Water supplied hereunder will conform to the standards for Type I reclaimed water contained in Title 30, Part I, Section 210.33 of the Texas Administrative Code. The City agrees to cooperate with Carma with respect to acquiring needed rights of way and easements for the Delivery Facilities for the transmission of Reclaimed Water from the City's existing 18 inch reclaimed water pipeline to the Point of Delivery. Subject to City review and approval, Carma will have plans and specifications for the Delivery Facilities prepared by a professional engineer registered in Texas and will submit these plans and specifications for review and approval by the Texas Commission on Environmental Quality ( "TCEQ "). The Delivery Facilities will include metering equipment provided by Carma and will satisfy the City's metering equipment requirements. Carma will be responsible for the design, construction, and maintenance of facilities on the Property. For the first 5 years beginning with the completion and acceptance of the Delivery Facilities, Carma will pay the City at the City's billing offices in San Marcos, Texas within 30 days after receipt of the itemized statement each month: (a) a rate of $0.80 per 1000 gallons of Reclaimed Water for the first year grow in period for the golf course and (b) at a rate of $1.00 per 1,000 gallons of Reclaimed Water furnished thereafter for the next 4 years (the "Initial Rate "). After such 5 year period, Carma will pay the City the prevailing rate for reclaimed water as determined by the City's governing body. The Parties acknowledge and agree that the golf course is common Project property and that, under certain circumstances (such as the construction of a golf course on the Property or the creation of a homeowners association), Carma, with the City's consent, which shall not be unreasonably withheld, may elect to assign all or a portion of its rights to the City's reclaimed water as provided hereunder to a third party for use within the Property on terms mutually acceptable to the City, Carma and such third party. The Parties acknowledge and agree that the rights to the City's reclaimed water under this Agreement is for the Project only and may not be assigned, transferred or otherwise used on land other than the Project Property.