R2014-120 AUTHORIZING THE AMENDED AND RESTATED RAW WATER SUPPLY AGREEMENT

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of potable water from the City and whose denominator is the total of ADM's average daily withdrawal from the Lake and ADM wells plus the City's average daily withdrawal from the Lake. In all events, the numerator and denominator shall be measured based on average daily withdrawal during the twelve calendar months prior to one month before City Council approval of Lake Improvements. In no event shall ADM be obligated to pay more than $1,000,000 in any calendar year for Lake Improvements with the exception of a one (1) time payment to the City of Two Million Five Hundred Thousand Dollars ($2,500,000) for use by the City in the development of alternative water supplies including, but not limited to, the development of horizontal wells for use by the City and payable upon request by the City. The City shall bill ADM annually as costs are incurred. ADM shall pay the City's billings for such cost within 30 days of the date of billing. Prior to commencement of any Lake Improvement, the City shall give ADM written notice and a thirty (30) day period for comment. Schedule A to this Agreement lists all Lake Improvements completed or in progress as of the date of this Agreement that are subject to the cost sharing provisions of this Section. For purposes hereof, the "cost of Lake Improvements" shall mean the City's net cost of Lake Improvements after subtracting all funds received by the City from any Federal, State or local governmental agency, grant or program (excluding the City) with respect to Lake Improvements. In the event that the City sells or otherwise disposes of for value any assets, a portion of the cost of which was paid or borne by ADM, the City shall promptly remit to ADM a portion of the amount received by the City with respect to such assets, such amount to be in direct proportion to the portion of the cost of such assets paid or borne by ADM. 8