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Res 2023-155R accepting financial assistance for the Taxiway Alpha Reconstruction Project at the San Marcos Regional Airport from the Texas Department of Transportation Aviation Division
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Res 2023-155R accepting financial assistance for the Taxiway Alpha Reconstruction Project at the San Marcos Regional Airport from the Texas Department of Transportation Aviation Division
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10/12/2023 2:59:47 PM
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10/12/2023 2:57:04 PM
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Resolutions
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Adopting
Number
2023-155
Date
10/2/2023
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power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of <br /> Agent, is a limited power to perform acts in connection with airport improvements as <br /> specified in or necessitated by this Agreement. <br /> 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal <br /> and/or state regulations, laws, and orders to insure satisfactory performance of contract <br /> vendors. Such items include, but are not limited to, bid bonds, payment bonds, and <br /> performance bonds. Pursuit and enforcement of contract items may require litigation and <br /> other remedies of law. <br /> 4. The United States and the State of Texas shall not be responsible or liable for damage to <br /> property or injury to persons, which may arise from, or be incidental to, compliance with <br /> this grant agreement. <br /> 5. This Agreement is executed for the sole benefit of the contracting parties and is not <br /> intended or executed for the direct or incidental benefit of any third party. Furthermore, <br /> the State shall not be a party to any other contract or commitment, which the Sponsor <br /> may enter into or assume, or have entered into or have assumed, in regard to the above <br /> project. <br /> 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written <br /> notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension <br /> shall contain the following: <br /> a. The reasons for the suspension and the corrective action necessary to lift the <br /> suspension; <br /> b. A date by which the corrective action must be taken; <br /> C. Notification that consideration will be given to terminating the grant after the <br /> corrective action date. <br /> In the case of suspension or termination, the Sponsor may request the State to reconsider <br /> the suspension or termination. Such request for reconsideration shall be made within 45 <br /> days after receipt of the notice of suspension or termination. <br /> 7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. <br /> Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and <br /> the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and <br /> Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and <br /> statutes shall be considered a breach of this contract and will allow the State to pursue the <br /> remedies for breach as stated below. <br /> a. Of primary importance to the State is compliance with the terms and conditions <br /> of this Agreement. If, however, after all reasonable attempts to require <br /> compliance have failed, the State finds that Sponsor is unwilling and/or unable to <br /> comply with any of the terms and conditions of this Agreement, the State may <br /> Page 13 of 44 V.9-1-23 <br />
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