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WHEREAS, the District has requested and the City has agreed to modify the renewal <br />provisions of the Contract in order to facilitate the District's sale of Water System Revenue <br />Bonds, Series 2009 ("District's 2009 Water System Revenue Bonds"); <br />WHEREAS, the District has requested and the City has agreed to modify the Contract <br />provisions related to the District's wholesale supply of water to the City; and <br />WHEREAS, the Parties have agreed to continue their cooperation for the purposes of <br />implementing this Agreement. <br />NOW THEREFORE, for good and sufficient consideration, including the mutual <br />agreements expressed herein, the receipt and adequacy of which is acknowledged, the Parties <br />agree as follows: <br />1. Agreement Related to Citv Service for Daisv Farms' Property <br />Daisy Farms lies within the District's Certificated Service Area. The City desires to sell <br />treated water to Daisy Farms for its commercial dairy farm operation. Before the City can sell <br />treated water to Daisy Farms, the District will need to submit to the Texas Commission on <br />Environmental Quality ("TCEQ") a request for the unconditional release of Daisy Farms' <br />Property from its certificated service area. <br />A. In consideration of the City's agreements contained herein, the District agrees <br />to file a request with the TCEQ seeking the release of Daisy Farms' Property <br />from the District's certificated area as follows: <br />i. The District shall, after consulting with the City as to its contents, file with <br />TCEQ within thirty (30) days of the Effective Date of this Agreement an <br />application to amend its water utility CCN requesting a release of the <br />Property from the District's certificated service area. <br />ii. The District shall include in its application the legal description of the <br />Property to be released, a copy of said description is attached hereto and <br />incorporated herein as Exhibit A; <br />iii. The District shall include in its application a map and, if requested by <br />TCEQ, digital data identifying the Property sufficient for the TCEQ to <br />revise the District's CCN as requested; <br />iv. The District shall timely respond to any information requests from TCEQ <br />concerning its application and otherwise prosecute its application until an <br />amendment deleting the Property from the District's certificated service <br />area is issued; <br />Page 12 <br />181 <br />