2010-111 RES CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR WATER RIGHTS TO PAT MAYSE RESERVOIR

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(2). The Government assumes no responsibility for deviations from estimated rates of sedimentation, or the distribution thereof. Such deviations may cause unequal distribution of sediment reserve storage greater than estimated, and/or encroachment on the total storage at the Project. ITEM 2: Article 5, as amended by Supplemental Agreement No. 1, is deleted in its entirety and the following substituted therefore: "ARTICLE 5- PAYMENTS. In consideration of the right to utilize the aforesaid storage space in the Project for municipal and industrial water supply purposes, the City shall pay the following sums to the Government: a. Project First Cost. In accordance with Section 3152 of the Water Resources Development Act of 2007 (wRDA 2007), the Secretary of the Army is directed to accept payment from the City and the City shall repay to the Government in a lump sum payment a total of $3,461,432 which reflects payment in full of monies owed to the United States for 100 percent of the total storage space in the Project between elevations 451.0 and 415.0 above National Geodetic Vertical Datum, which total storage space is estimated to contain 109,600 acre- feet of water supply storage space in Pat Mayse Lake, Texas, after adjustments for sediment deposits under water storage contract DA-34-066-CIVENG-65-1272. The payment shall be due and payable within 30 days after the City is notified by the District Engineer of approval of this Supplemental Agreement. A copy of Section 3152 of WRDA 07 is attached to and made a part of this supplemental agreement as Exhibit E. b. Repair, Rehabilitation, and Replacement (RR&R) Costs. The City will be required to pay 10.526 percent of the cost of joint-use RR&R of Project features. Payment of these costs shall be made either incrementally during construction or in lump sum (including interest during construction at the rate as determined in Section 932 of the Water Resources Development Act of 1986) upon completion of construction. c. Annual Operation and Maintenance (O&M) Expense. The City will be required to pay 23.659 percent of the 4