Res 2004-009 - Laserfiche WebLink

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CS J: 3379-01-008 County: Hays Location: FM 3407 From Stagecoach Drive to IH 35 If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 10. Termination This agreement may be terminated in the following manner: · by mutual written agreement and consent of both parties; · by either party upon the failure of the other party to fulfill the obligations set forth herein; . by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. A. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. B. Upon completion of the Project, the State will perform an audit of the Project costs. Any fUnds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. C: In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. D. The State will not pay interest on any funds provided by the Local Government. E. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. '11. Notices Ail notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: Mark B. Taylor City Attorney 630 E. Hopkins St. San Marcos, Texas 78666 State: Robert B. Daigh, P.E. District Engineer P.O. Drawer 15426 Austin, Texas 78761-5426 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of AFA - AFAVolTIP Page 3 of 4 Revised 9/17/03