Reservation of Water. Upon execution of this MOU and until the Contract Date, and thereafter upon the closing of the acquisition of the Supplemental Water contemplated by this MOU, unless terminated, City will not enter into any agreement with any other corporation, government entity or other person with respect to the ownership, operation, rights or use of its water that would prevent City from (i) carrying out its obligations under this MOU; or (ii) delivering Supplemental Water to NCSD as contemplated by the Agreement. NCSD shall compensate City for the foregoing obligations to reserve water for NCSD as provided for in Section 3.1 of this MOU. Further, for the term of the Agreement, City shall not supply water to any other person or entity for use or distribution, in whole or in part, in the NHSA for a price or on any term or condition more favorable than that price and those terms and conditions provided for in the Agreement. The initial reservation payment of thirty seven thousand five hundred dollars ($37,500) shall be paid upon execution of this MOU and shall be non-refundable to NCSD notwithstanding any termination of this MOU.
Reservation of Water. The City and the Lower Colorado River Authority (“LCRA”) entered into a Service Agreement assigned to the WTCPUA. Pursuant to the Service Agreement, the City has submitted a service extension request (“SER”) with the WTCPUA for 1710 LUEs. The WTCPUA has approved the 1710 LUEs subject to certain conditions set forth in the Service Availability Letter. The City agrees to submit a service extension request (“SER”) to the PUA for reservation of an additional 1,683 LUEs for the Land within thirty (30) days of the Developer submitting the request in writing to the City. Such 1,683 LUEs will be in addition to the 1,710 LUEs previously approved by the WTCPUA that is reserved to serve the Land. Upon approval of the SER by the WTCPUA Board, water capacity of 3,393 LUEs for the Land is reserved, subject to compliance with all requirements set-forth in all conditions set forth in any WTCPUA issued Service Availability Letters for the Proposed Development and subject to payment of applicable fees (which may include reservation fees and impact fees) as charged by WTCPUA, and, if applicable, and any fees charged by LCRA for raw water to serve the Proposed Development and passed through by the City without mark-up pursuant to this Agreement. Unless such facilities are included in the City’s or the WTCPUA’S Capital Improvement Plan, the Developer will be responsible for the costs of its pro rata share of the facilities or actions required by the WTCPUA as specified in any Service Availability Letters issued by the WTCPUA for the Proposed Development. Developer or District shall pay all fees for submitting and processing the SER and for reserving the water for the Proposed Development directly to the WTCPUA or LCRA as required by those entities.
