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116 NO. 91-0319 CITY OF SAN MARCOS § IN THE DISTRICT COURT § § VS. § CALDWELL COUNTY, TEXAS § LOWER COLORADO RIVER § AUTHORITY § 274TH JUDICIAL DISTRICT ETTLEMENT A REEMENT The parties to this Agreement are the Lower Colorado River Authority, a conservation and reclamation district created and existing under the Lower Colorado River Authority Act of 1934, as amended ("LCRA"), and the City of San Marcos, a municipal corporation and home rule city in Hays County, Texas ("San Marcos"). WHEREAS, LCRA and San Marcos entered into a Memorandum of Understanding dated June 6, 1986, a Purchase Agreement dated October 30, 1986, an Operating Agreement dated September 1, 1986 and a Wholesale Power Agreement dated September 1, 1986, (hereinafter collectively referred to as the "LCRA-San Marcos Agreements"), true and correct copies of which are attached to San Marcos' First Amended Original Petition for Declaratory Judgment in the above-referenced cause (the "Lawsuit"); WHEREAS, San Marcos has asserted claims against LCRA for failure of consideration under Section 5.02 of the Purchase Agreement, and has pursued related claims for declaratory relief and damages in the Lawsuit; WHEREAS, LCRA has disputed all claims made by San Marcos and has asserted counterclaims for reformation, rescission and other relief in the Lawsuit, which counterclaims have been disputed by San Marcos; WHEREAS, all matters relating to the Lawsuit have been settled and compromised by and between LCRA and San Marcos;