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RESTATED AND AMENDED INTERLOCAL <br /> COOPERATION AGREEMENT <br /> For Habitat Conservation Planning,Including Removal of <br /> Non-Native Plants, Texas Wild Rice Enhancement and <br /> Management of Key Recreation Areas <br /> Contract Number: 217-077-1 <br /> STATE OF TEXAS <br /> COUNTY OF HAYS <br /> The City of San Marcos ("City") and the Texas State University (the "University"), <br /> collectively referred to as the "Parties" enter into this Interlocal Agreement (the "Agreement") <br /> under the authority of the Interlocal Cooperation Act (the "Act"), Chapter 791 of the Texas <br /> Government Code, as amended. <br /> RECITALS: <br /> WHEREAS,pursuant to their respective incidental take permits from the Edwards Aquifer <br /> Authority ("EAA") the City and the University have worked cooperatively to achieve their <br /> common objectives under the Edwards Aquifer Habitat Conservation Plan ("EAHCP"). <br /> WHEREAS,the Parties initially entered into a Memorandum of Understanding("MOU") <br /> in May 2001 (the "MOU") under which the Parties would jointly fund the compensation of a <br /> person employed by the City to manage the habitat conservation planning efforts on behalf of both <br /> Patties (the "Plan Manager"). <br /> WHEREAS, among other activities in connection with the EAHCP, the Parties entered <br /> into an Interlocal Agreement ("Contract No. 217-077") in December 2017, as amended in <br /> December 2019 under which the City contracted with the University to remove non-native plants <br /> in the San .Marcos River and replant with Texas Wild Rice ("TWR") and other native aquatics. <br /> Additionally, education of river users and maintenance activities will be accomplished (the <br /> "Project"). <br /> WHEREAS,this Project is being accomplished in accordance with a Section 10(a)permit <br /> and is funded by the EAA. <br /> WHEREAS,the average long-term biological goal for TWR in the EAHCP is 12,000 m2 <br /> and achieving this goal will require an 8000 m2 increase over the first phase (7 years) of the HCP <br /> period with an annual goal of approximately 1100 int of TWR restoration each year. <br /> WHEREAS, the Parties have identified necessary amendments to the MOU and to <br /> Contract No. 217-077 and determined that it is in the interest of economy and efficiency that the <br /> mutual obligations of the Patties in relation to both such agreements be consolidated into this <br /> Restated and Amended Interlocal Cooperation Agreement. <br /> I <br />