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Interlocal Agreement City of San Marcos and Texas State University-San Marcos Access agreement to install drainage improvements in conjunction with the Baseball/Softball Stadium Enhancements, within the Right-of-Way of Charles Austin Street The City of San Marcos ("City") and Texas State University-San Marcos ("Texas State"), enter into this Interlocal Agreement under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. Section 1. Purpose of Agreement The purpose of this Agreement is to allow access for Texas State to install storm drainage improvements within the City's Right-of-Way of Charles Austin Street. This work is in conjunction with improvements to Texas State's Baseball/Softball Stadium and will improve drainage at this location. Section 2. Scope of Services a) Texas State agrees to make drainage improvement within the right-of-way to include drainage structures, piping, fill, sidewalks and ground cover consistent with the project scope and City standards. b) Texas State agrees to pay the full cost of the expenditures associated with the proposed drainage improvement within the right-of-way as represented by construction documents prepared by Pape-Dawson Engineers. C) When the installation is complete, Texas State will convey the associated drainage improvement, and any necessary easements encompassing the improvements, to the City. d) The City grants a license and permission for Texas State and its agents, engineers, contractors and employees to enter the property of the City as needed for the sole purpose of accomplishing the purposes of this Agreement. Section 3. Term The term of this Agreement will commence on the date this agreement is fully executed by both parties and will continue until the completion and final acceptance of the drainage improvements by both parties to this agreement, unless this Agreement is terminated at an earlier time by either party in accordance with Section 4(f). Section 4. Miscellaneous Provisions a) Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purpose of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. b) Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party.