Res 2008-165 - Laserfiche WebLink

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designated Sponsor for the receipt of the LWCF Program funds and will execute all documents required pursuant to the LWCF Program in order to receive said funds on behalf of both parties. The City of San Marcos hereby certifies that it approves the appointment of Hays County as the designated Sponsor and it consents to Hays County executing the requisite documents necessary to receive said LWCF Program funds on behalf of both parties. Hays County and the City of San Marcos agree that all funds received by Hays County in its capacity as designated Sponsor shall be used toward development of the Project as approved for use of LWCF Program funds. The City of San Marcos agrees to submit all required documentation to Hays County relating to its eligible and available Project reimbursement billings. Upon receipt of LWCF Program funds, Hays County shall remit current funds to the City of San Marcos based upon these eligible and available Project reimbursement billings. Under the LWCF Program guidelines, certain conditions are in place to ensure the continued operation and maintenance of fund-assisted sites, along with protection of the property for outdoor recreation in perpetuity. With the execution of this Agreement, Hays County and the City of San Marcos agree to comply with all terms and conditions of the LWCF Program, specifically those guidelines and conditions as set forth in the General Provisions, attached hereto and incorporated herein as Exhibit "A." Hays County and the City of San Marcos agree that all properties acquired, developed, and improved with federal LWCF Program assistance will be operated for public outdoor recreation purposes in compliance with the provisions of the Land and Water Conservation Fund Act of 1965, 16 U.S.C. §§ 46014 through 4601-11. II. PROJECT ACTION PLAN To ensure compliance of both parties with the LWCF Program, Hays County and the City of San Marcos have implemented a Project Action Plan, attached hereto and incorporated herein as Exhibit "B," which sets forth Project activities and time frames for completion of each activity. Hays County, as designated Sponsor, will supervise said Project Action Plan. The City of San Marcos agrees to timely submit to Hays County the required documentation according to said Project Action Plan. III. GENERAL PROVISIONS This Agreement contains the entire agreement of the parties and supersedes any and all other agreement or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith, regarding the specific matters contained herein. Hays County and the City of San Marcos may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both counties. Hays County and the City of San Marcos may, in its discretion, amend this Agreement to conform with federal, state, and local governmental guidelines, policies and procedures as deemed necessary. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas and the laws, rules and regulations of Hays County, Texas.