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Res 2008-012
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Res 2008-012
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Last modified
6/29/2009 9:32:11 AM
Creation date
1/22/2008 2:38:53 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2008-12
Date
1/15/2008
Volume Book
174
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financing statement in a form satisfactory to the Agency or the Trustee and meeting the <br />requirements of the Texas Uniform Commercial Code to perfect any security interest created <br />hereby. To the extent required by law, each Sponsoring Public Entity fiuther agrees to execute <br />such continuation statements or other documents as may be necessary to maintain any such <br />security interest. <br />SM628 &19 Entire Agree t. This Contract constitutes the entire agreement <br />among the parties with respect to the matters described herein. <br />See Qn 8.20 ' Apphc= Law. This Contract shall be governed by and construed in <br />accordance with the laws of the State, and the obligations, rights, and remedies of the parties <br />hereunder shall be determined in accordance with such laws without reference to the laws of any <br />other state or jurisdiction, except for applicable federal laws, rules, and regulations. <br />Section lull Coantgmarb. This Contract may be executed in counterparts, each <br />of which shall be an original and all of which together shall constitute but one and the same <br />instrument. <br />Section 8;2 Reservation of Rights to Utilize the Tem Water Development <br />Board's State Participation Account Program. The Sponsoring Public Entities and the <br />Agency hereby agree that the Agency may file an application with the TWDB to seek financial <br />assistance pursuant to the TWDB Program. To the extent the Agency utilizes the TWDB <br />Program to access fiords to complete the Project, the TWDB Program's rules and regulations <br />require that the TWDB take an undivided ownership interest in up to 50% of the infrastructure <br />improvements comprising the Project. This undivided ownership interest is represented by a <br />master agreement and other documents to be executed between the Agency and the TWDB to <br />effectuate the Agency's financial participation in the TWDB Program. Under the TWDB <br />Program, the Agency will be obligated (and the Sponsoring Public Entities will be obligated to <br />pay the Annual Payment Amounts to reflect this financial obligation) to make lease or other <br />rental payments to the TWDB to repay the TWDB's financial assistance which enabled the <br />Agency to construct the Project in a manner in which excess capacity in the Project was <br />implemented on a regional basis. <br />[The remainder of this page intentionally left blank.] <br />-36-
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