Res 1992-069 - Laserfiche WebLink

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amount of each Monthly Payment to the City within fifteen (15) business days of receipt from the City of both an invoice, or a certified copy thereof, for delivered raw surface water supplied to the Project and a certified report showing (i) distribution master meter readings at the beginning and end of the monthly billing period and (ìi) the volume of treated water delivered to the City's customers during such period. The City acknowledges that the District shall be obligated to make payments under this Paragraph only to the extent water is actually delivered from the Project to the City's customers. In view of the "take or pay" nature of the City's water purchase contract with GBRA, the District shall not be obligated to pay for water not actually delivered to the City for the Project (whether or not the City is obligated to make payments to GBRA for such undelivered water). 2.4. Use of Funds. The CITY will directly apply all funds received from the DISTRICT as Monthly Payments under this Agreement solely and exclusively to the actual cost of the surface water to be supplied to the CITY by GBRA and delivered to the CITY. 2.5. The CITY's Obligations. The City hereby represents and agrees that: (a) The CITY has budgeted and intends to expend funds to complete the Project, and is diligently proceeding to complete the project timely; (b) The CITY will use the Project at capacity on or at system demand, whichever is less, provided no conditions beyond the control of the CITY occur which prevent or impair such operation; and (c) The CITY will adopt or make its best efforts to cause to be adopted conservation measures for its transmission and distribution system and within its service area, including but not limited to (i) a leak detection and correction system; (ii) graduated block rates; and (iii) water-saving devices for new construction. (d) The CITY will use the water purchased from GBRA, the approximate cost of which is to be paid by the DISTRICT under the terms of this Agreement, to serve customers in the service area of the CITY 3.