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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Pollution Control Act, 33 U.S.C.A. §§ 1251 et seq.; applicable federal regulations; Texas Water Code, Chapter 15, §§ 15.601 - 15.618; and 31 TAC Chapter 375. Disadvantaged Community means an area that meets the requirements of a disadvantaged community as defined in 31 TAC § 375.1(23) and the criteria identified in the 2017 CWSRF IUP. Eligible Expenses means the expenses allowed by TWDB program requirements and authorized by the TWDB in the approved Project Budget. EPA means the U.S. Environmental Protection Agency. Escrow Account means an account established by the City that will be used to manage the Principal Forgiveness Funds in accordance with an escrow agreement acceptable to the Executive Administrator, which is attached hereto as EXHIBIT G, until such time as the Executive Administrator authorizes the release of the Principal Forgiveness Funds to the Construction Account. Executive Administrator means the Executive Administrator of the TWDB or designated representative. Financial Assistance means funding made available to eligible Applicants, as authorized in 33 U.S.C. §1383(d), including principal forgiveness Force Majeure means acts of god, strikes, lockouts, or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery, pipelines or canals, and any other inabilities of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming such inability, which by the exercise of due diligence and care such party could not have avoided. Green Project means a project or portion of a project that meets the EPA criteria for inclusion in the Green Project Reserve, including green infrastructure, water or energy efficiency improvements or other environmentally innovative activities. Green Project Reserve means the equivalent amount of the EPA capitalization grant that is reserved for projects that meet the EPA's criteria for green projects. IUP means the Intended Use Plan, State Fiscal Year 2017, approved by the TWDB and the EPA in which the Project was prioritized for funding. Obligations means the $1,000,000 City of San Marcos, Texas Water and Wastewater System Revenue Bonds, Series 2017B,together with all authorizing documents,which evidence the portion of the financial assistance that is not forgiven, identified as L1000601. TWDB Commitment No.L1000601 Page 2 of 14