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Res 2017-083/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $685,839 out of $5,445,839 in principal funds to the city from the Clean Water State Revolving Fund to finance the const
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Res 2017-083/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $685,839 out of $5,445,839 in principal funds to the city from the Clean Water State Revolving Fund to finance the const
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6/2/2017 2:36:19 PM
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5/26/2017 11:40:21 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-83
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 <br />City of San Marcos, Texas <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />(512)393-8106 <br />(512) 392-4612 Fax <br />sparl,,er@sanl,l,iarcostx.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 />Jeff Walker <br />Executive Administrator <br />Texas Water Development Board <br />1700 North Congress Avenue <br />Austin, Texas 78701 <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, unpaired 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) 2017A Escrow Agreement <br />TWDB Commitment No. L1000600 <br />Exhibit G, Page 5 of 6 <br />
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