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, . 85 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT FOR THE TEXAS CAPITAL FUND STATE OF TEXAS] COUNTY OF TRAVIS] SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Depart- ment", and city -of San Marcos, hereinafter referred to as "Contractor." The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD . . This contract and agreement shall commence on February 22, 1994, and shall terminate on February 21, 1996, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Department, an economic devel- . opment program, hereinafter sometimes referred to as CDBG, in a non-entitlement area under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sec. 5301 et seq.), hereinafter referred to as the Act and the implementing regulations at 24 C.F.R. Part 570 and 57 Fed. Reg. 53388 et seq. (Nov. 9, 1992), hereinafter, referred to as the Regulations. Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Project Implementation Schedule, here- inafter referred to as Exhibit C; the Applicable Laws and Regulations, hereinafter referred to as Exhibit 0; the Certifications, hereinafter referred to as Exhibit E; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all , other terms, provisions, and requirements set forth in this contract. I I SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Department's obliga- tions under this Section 4 are contingent upon the actual receipt of adequate state and/or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make paitments to Contractor under this contract. Page 1 of 15