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28 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT Contract No.: 8X3F A068 TxDOT CSJ No.: 9842SMRCO TxDOT Project No.: AP SAN MRCO Part I - Identification of the Project TO: The City of San Marcos, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of San Marcos, Texas, (hereinafter referred to as the "Sponsor"). WITNESSETH: WHEREAS, the Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C. "), and Rules, Regulations and Procedures promulgated pursuant thereto; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp); and WHEREAS, the project is described as follows: construction and engineering services to rehabilitate apron area 4 at the San Marcos Municipal Airport; and WHEREAS, the Sponsor hereby applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above; and WHEREAS, the parties hereto, by this Agreement, do hereby fix their respective responsibilities, with reference to each other, with reference to the accomplishment of said project and with reference to the United States. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Airport Project Participation Agreement and its Page 1 of 14