Res 2000-135 - Laserfiche WebLink

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131. AMENDED AND RESTATED RETAIL WATER SUPPLY CONTRACT This Amended and Restated Retail Water Supply Contract (the "Contract") is made and entered into on July 11, 2000 (the "Effective Date") between Hays Energy Limited Partnership, a Delaware limited partnership (the "Buyer") and the City of San Marcos, Texas (the "Seller"). WITNESSETH WHEREAS, the Buyer is developing an electric generating facility (the "Facility") in Hays County, Texas that requires a supply of water for operating purposes; and WHEREAS, the Seller owns and operates a wastewater treatment plant (the "Treatment Plant") with a capacity capable of supplying to the Buyer the amount of water specified in this Contract; and WHEREAS, the Buyer has investigated the suitability of using water from the Treatment Plant (the "Reclaimed Water") in the Facility for operating purposes, and has satisfied itself as to this suitability; and WHEREAS, the Seller desires to sell and the Buyer desires to purchase Reclaimed Water under the terms and conditions specified in this Contract; and WHEREAS, the Se1ler and the Buyer entered into a Retail Water Supply Ab1feement dated June 29, 1999 (the "Original Contract"); and WHEREAS, the Seller and the Buyer desire to amend the Original Contract in certain respects; and NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants, benefits and agreements contained herein, the Seller and the Buyer agree as follows: Article 1. Provision of Water bv the Seller. Section 1.01. Quantity of Water to be Supplied. The Seller agrees to provide to the Buyer, and the Buyer agrees to purchase from the Seller, an average of 1 ,500,000 gallons (the "Base Quantity"), and up to a maximum of 3,600,000 gallons (the "Maximum Quantity")., of Reclaimed Water produced each day at the Treatment Plant for use in the Facility for operating purposes. The actual quantity of Reclaimed Water dclivered each day will be based on the quantity of Reclaimed Water required to maintain the Buyer's 2,200,000 gallon reclaimed water tank at 60% to 95% of the capacity of such tank each day. The Reclaimed Water will be delivered at a location (the "Point of Delivery") to be designated by mutual agreement of the Seller and the Buyer. The Seller does not guarantee the availability of the Maximum Quantity of water each day; however, to the extent the production of Reclaimed Water at the Treatment Plant meets or exceeds the Base Quantity, the Seller will provide to the Buyer the amount of water requested by the Buyer up to the Maximum Quantity. The Buyer may purchase additional quantities of Reclaimed Water from the Seller at a market price to the extent they are available from production at the Treatment Plant. 1