Res 2014-028/Approving an interlocal agreement w/SMCISD for the design and construction of Improvements for widening Stagecoach between Hernandez Elementary School and Snyder Hill Dr.

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written instruments signed by representatives of either party. This Agreement may be amended by mutual written agreement approved by the governing bodies of the Parties. 5.06. Notice. Any notice required or permitted to be given by one Party to the other will be in writing and the same will be deemed to have been served and given if delivered in person, mailed by regular mail, e- mailed or sent by facsimile transmission to the person and to the destination specified below: If to the City: City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 E -mail: jmiller @sanmarcostx.gov Fax: 855.759.2844 If to the SMCISD: Superintendent San Marcos CISD 501 South LBJ San Marcos, Texas 78666 E-mail: mark.eads@smcisd.net Fax: 512.393.6787 Either Party may change the name and destination for notice by providing written notice of such change to the other Party. 5.07. Current Revenues. All payments from a party under this Agreement shall be from current revenues available to the paying party. 5.08. Waiver. No delay or failure by either Party hereto to exercise any right, power or remedy, under this Agreement, and no partial or single exercise of that right, power or remedy, shall constitute a waiver of that or any other right, power or remedy unless otherwise expressly provided herein. No waiver shall be deemed to have been made unless it is in writing and signed by the waiving Party. 5.09. Applicable Law and Venue. This Agreement is deemed to have been made in and to be performable in the Hays County, Texas, and shall be construed in accordance with and governed by the laws of the State of Texas. Venue for any dispute arising under this Agreement shall be in Hays County, Texas.