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Interlocal Agreement <br />Between the City of San Marcos and Texas State University-San Marcos <br />to Support the Development of a Science Research Park and Commercialization Center <br />The City of San Marcos, Texas ( "City ") and Texas State University -San Marcos ( "Texas <br />State "), enter into this Interlocal Agreement (the "Agreement ") under the authority of the Interlocal <br />Cooperation Act, Chapter 791 of the Texas Government Code, as amended. <br />Section 1. Purpose of Agreement <br />a) Texas State has proposed building a research center, tentatively known, for <br />purposes of this Agreement, as the Center for Research and Commercialization ( "CRC"), as part <br />of an approximately 38 acre science, technology and research park (the "CRC Site ") being <br />developed on land owned by Texas State in the vicinity of the intersection of Hunter Road and <br />McCarty Road as shown in Exhibit "A", attached hereto and made a part hereof. <br />b) Development of the CRC is consistent with and advances the economic <br />development objectives of the City The development of the CRC requires the extension of water <br />and wastewater facilities to and across the CRC Site and extending City water and wastewater <br />lines to the CRC advances the implementation of the City's utility plan for the McCarty area. <br />Thus, collaboration between the parties to develop the CRC and extend water and wastewater <br />lines to the CRC serves the mutual public interests of both parties. <br />C) In connection with the development of the CRC the City and Texas State jointly <br />applied for and were awarded a grant from the United States Department of Commerce, <br />Economic Development Administration ( "EDA ") to be applied toward construction of and <br />infrastructure to support the CRC. One component of the EDA grant includes the extension of <br />wastewater facilities from an area outside the CRC Site to the boundary of the CRC Site, <br />necessitating the establishment of an easement outside the CRC Site for such purpose. <br />d) The purpose of this Agreement is to delineate the roles and contributions of the <br />parties with regard to the development of the CRC and the extension of water and wastewater <br />facilities to benefit the CRC. As defined in §791.003 of the Texas Government Code, such <br />governmental functions and services include the activities of the parties under this Agreement. <br />Section 2. Scope of Services <br />a) Texas State agrees to: <br />Construct the CRC to include an approximately 20,000 square foot <br />facility within the CRC Site; <br />2. Develop the CRC science /research program intended to incubate high <br />technology start-up companies and bring private industry to San Marcos <br />for scientific research with the ultimate goal of creating new commercial <br />products and manufacturing enhancing economic development of San <br />Marcos and the surrounding area; <br />Make every reasonable effort to complete construction of the CRC <br />facility on or before December 31, 2012; <br />4. Upon completion of the water and wastewater facilities described in <br />subsection (a) (5) and reimbursement by the City under subsection (b) <br />and subject to terms acceptable to the City and the Board of Regents of <br />Texas State, grant to the City public utility easements for underground <br />public utility facilities, such easements to be 30 feet in width, together <br />I I P a g e <br />