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Res 1996-180
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Res 1996-180
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6/18/2007 8:52:58 AM
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6/18/2007 8:52:58 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1996-180
Date
10/14/1996
Volume Book
126
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<br /> Lltb <br /> - Page 5 of 8. <br /> thereafter foreclose any and all liens securing payment of the debt. Debtor waives all <br /> demands for payment, presentations for payment, notices of intention to accelerate <br /> maturity, protests, and notices of protest to the extent permitted by law. Failure of the City <br /> to exercise this option shall not constitute a waiver of the City's stated right in the event <br /> of any subsequent default. <br /> 3.3 If Debtor fails to begin project activities within six months of the execution of this <br /> Agreement, the HUD-EDP funds will be deobligated and this Agreement terminated. <br /> 3.4 If Debtor fails to create the six (6) full-time jobs within the time period outlined in <br /> paragraph 2.1.5, the City may accelerate repayment of a proportionate amount of the <br /> HUD-EDP funds then outstanding. For each full-time job not created per the terms of this <br /> Agreement, the proportionate loan amount is $6,667.00. Failure of the City to immediately <br /> exercise this option shall not constitute a waiver of the City's right to accelerate repayment <br /> for this or any subsequent violation. <br /> ARTICLE 4 <br /> MISCELLANEOUS PROVISIONS <br /> 4.1 This Agreement shall be governed by the laws of the State of Texas. Exclusive <br /> venue for any dispute arising under this Agreement shaH lie in Hays County, Texas. <br /> 4.2 As between the parties to this Agreement, as to all acts or failures to act by either <br /> party to this Agreement, any applicable statute of limitations shall commence to run and <br /> any alleged cause of action shall be deemed to have accrued in any and all events when <br /> the party commencing a cause of action knew or should have know of the existence of the <br /> subject act(s) or failure(s) to act. <br /> 4.3 The Debtor affirms that it has not made or agreed to make any valuable gift whether <br /> in the form of service, loan, thing or promise to' any person or any of his/her immediate <br /> family, having the duty to recommend, the right to vote upon, or any other direct influence <br /> on the administration of the City's HUD-EDP program within the two years preceding the <br /> execution of this Agreement. A campaign contribution, as defined by the Election Code <br /> of the City of San Marcos Code of Ordinances shall not be considered as a valuable gift <br /> for the purposes of this Agreement. <br /> 4.4 Debtor agrees to perform all of its obligations under this Agreement in accordance <br /> with all City Ordinances now in effect or hereafter adopted and the terms of the Applicable <br /> Laws and Requlations, as they are applicable, which is attached to this Agreement as <br /> Exhibit "A" and is incorporated by reference as if set forth herein. <br /> 4.5 Debtor agrees to maintain in full force and effect during the term of this Agreement <br /> a policy of casualty insurance on its vehicles and equipment in the amount of the <br />
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