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<br /> <br /> <br /> <br /> <br /> (2). The Government assumes no responsibility for <br /> deviations from estimated rates of sedimentation, or the <br /> distribution thereof. Such deviations may cause unequal <br /> distribution of sediment reserve storage greater than <br /> estimated, and/or encroachment on the total storage at the <br /> Project. <br /> <br /> ITEM 2: Article 5, as amended by Supplemental Agreement No. <br /> 1, is deleted in its entirety and the following substituted <br /> therefore: <br /> <br /> "ARTICLE 5 - PAYMENTS. In consideration of the right to <br /> utilize the aforesaid storage space in the Project for <br /> municipal and industrial water supply purposes, the City <br /> shall pay the following sums to the Government: <br /> <br /> a. Project First Cost. <br /> <br /> In accordance with Section 3152 of the Water Resources <br /> Development Act of 2007 (WRDA 2007), the Secretary of the <br /> Army is directed to accept payment from the City and the <br /> City shall repay to the Government in a lump sum payment a <br /> total of $3,461,432 which reflects payment in full of <br /> monies owed to the United States for 100 percent of the <br /> total storage space in the Project between elevations 451.0 <br /> and 415.0 above National Geodetic Vertical Datum, which <br /> total storage space is estimated to contain 109,600 acre- <br /> feet of water supply storage space in Pat Mayse Lake, <br /> Texas, after adjustments for sediment deposits under water <br /> storage contract DA-34-066-CIVENG-65-1272. The payment <br /> shall be due and payable within 30 days after the City is <br /> notified by the District Engineer of approval of this <br /> Supplemental Agreement. A copy of Section 3152 of WRDA 07 <br /> is attached to and made a part of this supplemental <br /> agreement as Exhibit E. <br /> b. Repair, Rehabilitation, and Replacement (RR&R) <br /> Costs. The City will be required to pay 10 . 526 percent of <br /> the cost of joint-use RR&R of Project features. Payment of <br /> these costs shall be made either incrementally during <br /> construction or in lump sum (including interest during <br /> construction at the rate as determined in Section 932 of <br /> the Water Resources Development Act of 1986) upon <br /> completion of construction. <br /> <br /> C. Annual Operation and Maintenance (O&M) Expense. <br /> The City will be required to pay 23.659 percent of the <br /> <br /> 4 <br /> <br /> <br /> 333 <br />