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Res 2015-045/Loan forgiveness agreement with TWBD for Reclaimed Water System Expansion
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Res 2015-045/Loan forgiveness agreement with TWBD for Reclaimed Water System Expansion
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6/8/2015 10:17:13 AM
Creation date
4/9/2015 4:32:38 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-45
Date
4/7/2015
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7.09. NO DEBT CREATED. Each Party agrees and understands that, by this Agreement, the <br />State, acting through the TWDB, is not lending its credit or in any manner creating a debt on <br />behalf of the State. To the extent that the City is not securing the Obligations with ad valorem <br />taxes, each Party agrees and understands that, pursuant to this Agreement, the City is not lending <br />its credit or in any other manner creating a debt on behalf of the City. <br />7.10• LAW AND VENUE. The validity, operation, and performance of this Agreement shall <br />be governed and controlled by the laws of the State of Texas and applicable federal regulations, <br />and the terms and conditions of this Agreement shall be construed and interpreted in accordance <br />with the laws of the State. The Parties understand and agree that this Agreement is for the <br />provision of financial assistance for the planning and design of the Project and as such all or part <br />of the performance of the terms and obligations of the Agreement will be performed in Hays <br />County, Texas. Notwithstanding the location of the Project, the Parties understand and agree that <br />any proceeding brought for any breach of this Agreement involving the TWDB shall be in Travis <br />County, Texas. This section does not waive the sovereign immunity of the State or the TWDB. <br />7.11• NODEM. All notices, notifications, or requests required or permitted by this <br />Agreement shall be in writing and shall be transmitted by personal delivery or transmitted by <br />United States certified mail, return receipt requested, postage prepaid, to the addresses of the <br />Parties shown below. Notice shall be effective when received by the Party to whom notice is <br />sent. <br />Texas Water Development Board City of San Marcos <br />Attn: Executive Administrator Attn: Mayor <br />1700 N. Congress Ave., 6' Floor 630 E. Hopkins <br />Austin, Texas 78701 -1496 San Marcos, Texas 78666 <br />7•IZ TERM. This Agreement is effective on the date signed by the Executive Administrator. <br />The Agreement shall expire upon the successful completion of the Project and Final Accounting <br />in accordance with Section 5.05 of this Agreement. <br />'ZUS WATER DEVELOPMENT BOARD <br />Kevin Patteson <br />Executive Administrator <br />Date <br />CITY OF SAN MARCOS <br />Daniel Guerrero <br />Mayor <br />Date <br />TWDB Contract No.t,F1000351 <br />Page 15 of 15 <br />OOC-001 t 1/06/3014 <br />
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