Res 2024-180 approving an Amendment to the Advance Funding agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation (TxDOT) for the SH-123 Drainage and Landscape Betterment Project

Home Browse Search

Docusign Envelope ID: BFF7ED3A-A2BB-4670-9665-116F4D51 FF64 CCSJ # 0016-03-114 AFA CSJs 0016-03-114 District # 14 AFA ID I Z00010391 Code Chart 64 # 37950 Project Name SH 123 Drainage and Landscape Betterment THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For LOCAL GOVERNMENT CONTRIBUTIONS to TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH On -System AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and the City of San Marcos, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the parties executed a contract on 05/26/2020 to effectuate their agreement to allowthe Local Government to participate in said improvement by contributing a fixed amount of funds towards the portion of the improvement described as drainage and landscaping betterment on IH-35 from south of SH 80 to north of RM 12 in San Marcos, Texas; and, WHEREAS, it has become necessary to amend that contract to utilize the 2024 Governor's Community Achievement Awards (GCAA) for outstanding community improvement.as relates to CSJ#OOi6-03-114; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the parties do agree as follows: AGREEMENT Attachment A, Payment Provision and Work Responsibilities, is deleted in its entirety and replaced with Attachment A-1, Payment Provision and Work Responsibilities, which is attached to and made part of this Amendment. The Local Government will reduce its contribution for CSJ#0016-03-114 by $270,000 from $5,822,990.22 to $5,552,990.22. because the Local Government was approved to receive the GCAA fund. This amendment will be effective on the date it is signed by the last party whose signing makes this amendment fully executed (the "Execution Date"). Promptly thereafter, the State will refund to the City $270,000, and will endeavor to make this refund as promptly as practicable. All other provisions of the original contract are unchanged and remain in full force and effect. AFA Amend Page 1 of 2 Rev. 10/03/2024