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Res 2011-109
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Res 2011-109
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Last modified
11/18/2011 12:43:33 PM
Creation date
9/29/2011 10:04:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-109
Date
9/20/2011
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A. Agreement Term. This Agreement will take effect only upon designation of the <br />Reinvestment Zone by ordinance of the City and will be in effect for the earlier of 1) thirty (30) <br />years from the date of the designation of the Reinvestment Zone or 2) the date the Developer is <br />reimbursed the Project Costs, unless earlier terminated by the parties hereto. Nothing in this <br />Agreement limits the authority of the County or City to extend the term of this Agreement. Upon <br />termination of this Agreement, the obligation of the County to make payments to the City shall <br />end; however, any refund obligations of the City shall survive the termination. <br />B. Early Termination of Reinvestment Zone. The City may terminate the <br />Reinvestment Zone pursuant to the provisions of Section 311.017 of the Texas Tax Code. <br />SECTION 5. MISCELLANEOUS. <br />A. Cooperation. This City and the County agree to cooperate with each other, in <br />good faith, at all times during the term hereof in order to achieve the purposes and intent of this <br />Agreement. <br />B. Entire Agreement; Amendments. This Agreement contains the entire <br />agreement between the parties respecting the subject matter hereof, and supersedes all prior <br />understandings and agreements between the parties regarding such matters. This Agreement may <br />not be modified or amended except by written agreement duly executed by the parties and <br />Developer. <br />C. Interpretation. The parties acknowledge and confirm that this Agreement has <br />been entered into pursuant to the authority granted under the Interlocal Cooperation Act, Chapter <br />791 of the Texas Government Code. All terms and provisions hereof are to be construed and <br />interpreted consistently with that Act. <br />D. Invalid Provisions. Any clause, sentence, paragraph or article of this Agreement <br />which is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in <br />any respect shall not be deemed to impair, invalidate, or nullify the remainder of this Agreement if <br />the Agreement can be given effect without the invalid portion. <br />E. Applicable Laws. This Agreement shall be construed in accordance with the <br />laws of the State of Texas. All obligations hereunder are performable in Hays County, Texas, and <br />venue for any action arising hereunder shall be in Hays County, Texas. <br />F. Authorization; Funding. Each party hereto acknowledges and represents that his <br />Agreement has been duly authorized by its respective governing body, and that funding from each <br />party for the performance of this Agreement will be provided from current revenues available to <br />the parties. <br />G. Notices. Notices required by this Agreement will be provided by the parties to <br />one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to <br />the following address /fax numbers: <br />6 <br />SAN MAROCS TIRZ NOA: IntedocaL4grtnnt <br />
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