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Res 2017-084/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $961,821 out of $1,961,821 in principal funds to the city from the Clean Water State Revolving Fund to finance the planni
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Res 2017-084/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $961,821 out of $1,961,821 in principal funds to the city from the Clean Water State Revolving Fund to finance the planni
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6/2/2017 1:57:10 PM
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5/26/2017 10:29:06 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-84
Date
5/2/2017
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SECTION 12: EXPIRATION. This Agreement shall expire upon final transfer of the funds <br /> in the Escrow Account(s) to the City. <br /> SECTION 13: POINT OF CONTACT. The points of contact for the City, the Escrow <br /> Agent and the TWDB are as follows: <br /> Steve Parker, Assistant City Manager Jeff Walker <br /> City of San Marcos, Texas Executive Administrator <br /> 630 East Hopkins Street Texas Water Development Board <br /> San Marcos, Texas 78666 1700 North Congress Avenue <br /> (512) 393-8106 Austin, Texas 78701 <br /> (512) 392-4612 Fax <br /> sparker@sanmarcostx.gov <br /> Doug Milner <br /> Regions Bank <br /> 3773 Richmond Avenue, Suite 1100 <br /> Houston, TX 77046 <br /> (713) 244-8041 <br /> (713) 960-4058 Fax <br /> doug.milner@regions.com <br /> SECTION 14: CHOICE OF LAW. This Agreement shall be governed exclusively by the <br /> applicable laws of the State of Texas. Venue for disputes shall be in the District Court of Travis <br /> County, Texas. <br /> SECTION 15: ASSIGNABILITY. This Agreement shall not be assignable by the parties <br /> hereto, in whole or in part, and any attempted assignment shall be void and of no force and effect. <br /> SECTION 16: ENTIRE AGREEMENT. This Agreement evidences the entire Escrow <br /> Agreement between the Escrow Agent and the City and supersedes any other agreements, whether <br /> oral or written, between the parties regarding the Proceeds or the Escrow Account(s). No <br /> modification or amendment of this Agreement shall be valid unless the same is in writing and is <br /> signed by the City and consented to by the Escrow Agent and the TWDB. <br /> SECTION 17: VALIDITY OF PROVISIONS. If any term, covenant, condition or <br /> provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or <br /> unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no <br /> way be affected, impaired or invalidated thereby. <br /> SECTION 18: COMPENSATION FOR ESCROW SERVICES. The Escrow Agent shall <br /> be entitled to compensation for its services as stated in Exhibit A, which compensation shall be paid <br /> by the City but may not be paid directly from the Escrow Account(s). <br /> San Marcos(TWDB)2017B Escrow Agreement <br /> TWDB Commitment No.L1000601 <br /> Exhibit G,Page 5 of 7 <br />
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