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WATER CONSERVATION GRANT <br />CONTRACT NO. 10- 465 -AO <br />BETWEEN THE EDWARDS AQUIFER AUTHORITY <br />AND <br />CITY OF SAN MARCOS <br />FOR A COMMERCIAL PLUMBING RETROFIT PROGRAM <br />This Contract is made and entered into this 14` day of April 2010 by and between the <br />EDWARDS AQUIFER AUTHORITY, (the "Authority "), a political subdivision of the State of <br />Texas, with its principal place of business located at 1615 N. St. Mary's Street, San Antonio, <br />Texas 78215 -1415, and the City of San Marcos (the "Grantee "), with its principal place of <br />business located at 630 E. Hopkins San Marcos, TX 78666. <br />RECITALS <br />WHEREAS, the Authority is a conservation and reclamation district encompassing all or <br />parts of Atascosa, Bexar, Caldwell, Comal, Guadalupe, Hays, Medina, and Uvalde counties in <br />the State of Texas; and <br />WHEREAS, the Authority is charged with and has been given all powers necessary to, <br />among other things, manage, enhance, and protect the Edwards Aquifer and to protect certain <br />species that are designated as threatened or endangered under applicable federal or state law; and <br />WHEREAS, the Grantee has been awarded a Water Conservation Grant by the Authority <br />and will implement a commercial plumbing retrofit program targeted for hotels and motels <br />within the City of San Marcos' service area for the conservation of Edwards Aquifer <br />groundwater within the region, all pursuant to the Authority's Water Conservation Grants <br />program under Chapter 715, Subchapter D, of the Edwards Aquifer Authority Rules (the "Grant <br />Rules "). <br />NOW THEREFORE, for and in consideration of the mutual promises and agreements set <br />forth in this Contract, the Authority and the Grantee agree as follows: <br />ARTICLE I <br />DESCRIPTION OF WORK <br />Section 1.1. Project. Subject to the terms and conditions of this Contract, the Authority <br />hereby authorizes the Grantee to perform the work set forth and described in this Contract and in <br />the following documents (the "Project ") which are attached hereto and incorporated herein for all <br />purposes: (1) the Scope of Work which is attached hereto as Exhibit A (the "Scope of Work "); <br />and (2) the Budget Estimate which is attached hereto as Exhibit B (the "Budget Estimate "). The <br />Grantee hereby accepts such engagement and agrees to furnish all labor, machinery, equipment, <br />tools, and transportation necessary in furtherance of its engagement hereby and specifically <br />1 of 8 <br />