Res 2016-165/approving an interlocal agreement with the Guadalupe-Blanco River Authority in an amount not to exceed $313,450.00

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GBRA at their respective addresses. For the purposes of notice, the addresses of the parties, until changed by written notice, as provided above, shall be as follows: City of San Marcos Jared Miller City Manager 630 E. Hopkins San Marcos, TX 78666 Guadalupe Blanco River Authority Kevin Patteson, General Manager/CEO 933 East Court Street Seguin, TX 78155 Section 5. FUNDING. It is expressly understood and agreed by the parties, such understanding and agreement being of the absolute essence to the Agreement, GBRA will not financially contribute toward completion the Project, but will manage the project. When GBRA has expended the total contribution actually paid by Local Participant to meet its obligations hereunder, GBRA shall have no further obligation of duty under the terms of this Agreement, notwithstanding any word, statement, or thing contained in or inferred from the provisions hereof, which might in any light by any person be construed to the contrary. Participation by the parties in the Project shall in no way commit a party to financial participation in implementation of any solution to problems which may be identified by the Project, or the adoption of floodplain management regulations which may be recommended in the Project. It is expressly understood and agreed by the parties that once Local Participant has provided payment, they shall have fully met their obligations hereunder, and shall have no further obligations, financial or otherwise, under the terms of this Agreement. Section 6. TERMINATION. This Agreement may be terminated by either party by thirty (30) days advance written notice to the other party to this Agreement. In the event of termination under this provision, GBRA shall have no further obligation to Local Participant for any respective contribution at the time of termination. In the event of termination by Local Participant under this provision, Local Participant shall be responsible for any cost incurred for its respective portion of the project up to the date of termination. Section 7. IMMUNITY. It is expressly understood and agreed that in the execution of this Agreement, no party waives nor shall be deemed to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions.