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<br /> , <br /> 141 <br /> AlV1ENDMENT TO WHOLESALE PO"VER AGREEMENT <br /> This Amendment (the "Amendment") to the Wholesale Power Agreement and the Letter <br /> Agreement by and between Lower Colorado River Authority ("LCRA") and the City of San <br /> Marcos, ("City") effective September 1, 1986 and dated July 8, 1986 respectively (the <br /> "Agreement"), is made and entered into as of this the "2 t..{ day of June, 1994. <br /> WIT N E SSE T H: - - <br /> \VHEREAS, LCRA and the City entered into the Agreement for the purposes <br /> and for the consideration recited in the Agreement; and <br /> WHEREAS, LCRA and the City consider it in their respective best interests to <br /> amend and extend the term of the Agreement in accordance with the provisions <br /> set forth in this Amendment; <br /> NOW, THEREFORE, for and in consideration of the covenants and mutual <br /> promises set forth herein, LCRA and the City hen:by agree as follows: <br /> < <br /> 1. Paragraph 1 of the Agreement is amended to provide that the term of the <br /> Agreement shall be extended to June 25,2016, and the notice date referred to in such Paragraph <br /> 1 shall be June 25,2011. <br /> 2. LCRA and the City agree that it~ during the term of the Agreement, as amended <br /> by this Amendment, LCRA shall, without first obtaining the written consent of the City, seek <br /> certification of a new base load power generation unit ("Unit"), the City shall, upon writœn <br /> - notice, as defined in this Paragraph 2 (the "Notice"), to LCRA, be entitled to limit its purchases <br /> : of power from LCRA to an amount which bears the same ratio to the total generation capacity of <br /> I <br /> ¡ LCRA as the energy purchased by the City during tDe tv/elve month period prior to the date of <br /> Notice bears to the total energy generated by LCRA during such period (the "Contract Load"). <br /> LCRA shall, upon receipt of such Notice, have no obligation to furnish power to the City in <br /> excess of the Contract Load. The Notice provided for by this Paragraph 2 shall be given by the <br /> City to LCRA within 90 days of the date the City receives LCRA's statement of intent to <br /> commence certification of the Unit by the Public Utility Commission of Texas. <br /> 3. LCRA agrees that the City, in the rates for Contract Load charged by LCRA, <br /> shall not be required to pay for any of the costs associated with any Unit the construction and <br /> operation ohvhich the City has given Notice of disapproval. <br /> 1 <br />