Ord 2014-027/Dedicating fifty percent of its tax increment from the FM 110 transportation reinvestment zone and approving an interlocal agreement with Hays County

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IV. ADMINISTRATION OF AGREEMENT This Agreement shall be administered by the of the County and the of the City or their respective designees. V. NOTICES Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the addresses shown below: If intended for City, to: City of San Marcos 630 East Hopkins San Marcos, TX 78666 Attn: City Manager with a copy to: City of San Marcos 630 East Hopkins San Marcos, TX 78666 Attn: Michael J. Cosentino, City Attorney If intended for County, to: Mark D. Kennedy General Counsel - Hays County 111 E. San Antonio St., Room 202 San Marcos, Texas 78666 Locke Lord LLP 600 Congress Avenue Suite 2200 Austin, TX 78701 Attn: C. Brian Cassidy or to such other addresses as the parties may request, in writing, from time to time. VI. GOVERNING LAW AND VENUE This Agreement is made subject to the provisions of the Texas constitution, codes, and statutes; and all other applicable state and federal laws, regulations and requirements, as amended. Venue shall lie exclusively in Hays County, Texas. VII. TERM This Agreement is effective as of May 20, 2014, and shall terminate upon the termination date of the San Marcos Zone, provided that in no event shall the termination date of the San Marcos Zone be earlier than the date that the obligations set forth in Article II have been satisfied; and further provided, however, that the obligations of the City to deposit to the Tax Increment Fund Tax Increments which accrue during the term of the San Marcos Zone, but which are not collected until subsequent to the expiration of the term, shall survive. Notwithstanding anything in this Agreement to the contrary, in the event TxDOT does not receive adequate funding to meet its obligations under the AFA and the AFA is terminated pursuant to Paragraph 12.Q thereof, the obligations of the parties pursuant to this Agreement shall terminate and, absent an agreement of the parties to the contrary, neither the City or the County shall have any further obligation to provide funding for the Project. VIII. ENTIRE AGREEMENT /AMENDMENTS /SUCCESSORS AND ASSIGNS This Agreement embodies the complete understanding of the City and County, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein. This Agreement may be amended, modified, or supplemented only by an instrument in writing executed by the City and the County. Any alterations, additions or deletions to the terms of this Agreement required by changes in federal, state or local law or regulations will be automatically incorporated into this Agreement without written amendment, and shall become effective on the date designated by such law or regulation. This Agreement shall bind and benefit the respective Parties and their legal successors, and shall not be assignable, in whole or in part by either Party without first obtaining the consent of the other Party. -4-