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<br />174. <br /> <br />CAPITAL IMPROVEMENT PROJECT FUNDING AGREEMENT <br /> <br />This Agreement is made on FEBRUARY 15 ,2000, between the City of San <br />Marcos (the "City"), 630 East Hopkins, San Marcos, Texas, and the Greater San Marcos Area <br />Seniors Association (the "Association"), a Texas nonprofit corporation. <br /> <br />WHEREAS, the City leased the property and facilities at 222 West San Antonio Street (the <br />Facilities") in San Marcos to the Association by lease dated December 22, 1998; and <br /> <br />WHEREAS, the City is interested in assisting the Association in making improvements to the <br />Facilities. <br /> <br />Now therefore, the City and the Association agree as follows: <br /> <br />ARTICLE 1 <br />ASSOCIATION'S RESPONSIBILITIES <br /> <br />1.1 The Association agrees to utilize the funds it receives under this Agreement (the "Funds") <br />solely for the construction of improvements to the Facilities, including the renovation of the restroom <br />areas, the installation of facilities for compliance with the Americans with Disabilities Act, and other <br />improvements that further compliance with City construction codes and the issuance of a certificate <br />of occupancy by the City. The Association, in performing and contracting for the construction <br />activities, will be an independent contractor and not an employee or agent of the City. <br /> <br />1.2 In performing this Agreement, the Association will comply with all local, state and federal <br />laws. The Association will ensure that all construction activities performed with the Funds are <br />performed in accordance with the City's construction codes and with City license and permit <br />requirements. <br /> <br />1.3 The Association will provide the City with a written report detailing the use ofthe Funds by <br />September 30, 2000. <br /> <br />1.4 The Association will maintain all records of its expenditures ofthe Funds for the term of this <br />Agreement and for three years thereafter. The City will have access to these records for the purpose <br />of making audit, examination, copying and transcriptions. <br /> <br />1.5 The Association agrees not to exclude any person from performing work with the Funds, or <br />from participating in activities in the Facilities on the grounds of race, color, religion, sex, national <br />origin, age or disability. <br /> <br />1.6 The Association agrees to hold harmless, indemnify and defend the City, its officers, agents <br />and employees from and against any claims for injuries or property damage caused by the <br />Association, its officers, agents or contractors during the course of this Agreement. <br /> <br />1 <br />