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INTERLOCAL AGREEMENT NO. 12- 562 -AM BETWEEN THE EDWARDS AQUIFER AUTHORITY AND THE CITY OF SAN MARCOS FOR FUNDING OF PURCHASE OF PROPERTY TO BE MADE SUBJECT TO A CONSERVATION EASEMENT This Agreement is made and entered into this 23rd day of January, 2012, by and between the EDWARDS AQUIFER AUTHORITY, (the "Authority "), a political subdivision of the State of Texas, with its principal place of business located at 1615 N. St. Mary's, San Antonio, Texas 78215, and the CITY OF SAN MARCOS (the "City "), a Texas municipal corporation with its principal place of business located at 630 East Hopkins Street, San Marcos, Texas 78666. RECITALS WHEREAS, the Authority is a conservation and reclamation district encompassing all or parts of Atascosa, Bexar, Caldwell, Comal, Guadalupe, Hays, Medina, and Uvalde counties in the State of Texas; and WHEREAS, the Authority is charged with and has been given all powers necessary to, among other things, manage, conserve, preserve, and protect the Edwards Aquifer and to protect certain species that are designated as threatened or endangered under applicable federal or state law; WHEREAS, the Authority and the City desire to and are authorized to enter into this Agreement pursuant to the Texas Interlocal Cooperation Act, 5 791.001, et seq. of the Texas Government Code; WHEREAS, the parties desire to partially fund the purchase of certain undeveloped real property in Hays County, Texas, in cooperation with other entities as more particularly described in Exhibit A attached hereto (the "Property ") by the City and to encumber the Property with a conservation easement in favor of the Authority which would help the Authority manage the Edwards Aquifer; and NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth in this Agreement, the Authority and the City agree as follows: ARTICLE I DESCRIPTION OF TRANSACTION Section 1.1. Purchase of the Property. The City has or shall enter into an Agreement Of Sale, substantially in the form of that attached hereto as Exhibit B, for the purchase of the 1134316v 1 11212/01015