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Res 2015-065/agreement with the Greater San Marcos Economic Development Corporation (GSMP) for Economic Development Services
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Res 2015-065/agreement with the Greater San Marcos Economic Development Corporation (GSMP) for Economic Development Services
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6/24/2015 9:21:36 AM
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6/15/2015 1:49:44 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Approving
Number
2015-65
Date
6/2/2015
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If a party changes its address, facsimile number or email address for notice purposes, it will <br />provide written notice of the new information to the other party within 10 days of the change. <br />B. Non - Appropriation of Funds. Funds for payments under this Agreement have been <br />provided through the City budget approved by the City Council for the current fiscal year only. <br />State laws prohibit the obligation and expenditure of public funds beyond the fiscal year for <br />which a budget has been approved. However, the cost of services covered by this Agreement is <br />likely to be a recurring requirement, and the City anticipates including this cost as a standard <br />and routine expense of the City to be included in each proposed budget within the foreseeable <br />future. However, the City does not guarantee the availability of funds in future fiscal years of <br />the City, and the City enters into this Agreement only to the extent such funds are made <br />available in the City's adopted budgets for future fiscal years. The fiscal year for the City <br />extends from October 1 st of each calendar year to September 30th of the following calendar <br />year. <br />C. Termination. <br />1. Termination by City. The City reserves the right to terminate this Agreement <br />upon 30 days' written notice for any reason deemed by the City Council to <br />serve the public interest. In the event of such termination the City will pay the <br />Corporation those costs directly attributable to services received by the City in <br />compliance with the Agreement prior to temnination. The City will not be <br />liable for any damages or any loss of profits anticipated to be made by the <br />Corporation under this Agreement in connection with any such termination. <br />Termination by Corporation. The Corporation may terminate this Agreement <br />based on default by the City if the City fails to comply with any term or <br />condition of this Agreement. The Corporation must notify the City in writing of <br />any default. The City will take action so that the default is corrected within 30 <br />days of receipt of the notice. If the City fails to timely correct the default, the <br />Corporation may immediately terminate this Agreement in its entirety. <br />D. Dissolution of Corporation. Upon dissolution of the Corporation, after the <br />payment of all debts and obligations of the Corporation, the assets of the Corporation shall be <br />distributed to one or more exempt organizations under Sections 510 (c) (6) and 170 (c) (2) of the <br />Internal Revenue Code as amended, or any successor provisions, or to the federal, state or local <br />government for lawful purposes. To the extent allowed tinder said provisions of the Internal <br />Revenue Code and applicable laws, such distribution shall be as follows: <br />I . Contributed property shall be offered to the member entity that contributed <br />such property; <br />2. All other property shall be sold and the proceeds of sale distributed to <br />qualifying exempt members in proportion to their financial contributions <br />to the Corporation; <br />3. All remaining unencumbered funds shall be distributed to qualifying <br />exempt members in proportion to their contributions to the Corporation. <br />E. Authority of Signatories. Each of the persons executing this Agreement represents <br />
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