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<br />20 <br /> <br />July 1, 1992 <br /> <br />TWC Application No.:2965 <br />LPST No.:92680-B <br /> <br />CONTRACT OF TRANSFER, ASSIGNMENT, <br />SUBROGATION, AND COOPERATION <br /> <br />THE STATE OF TEXAS ~ <br /> <br />This contract, between CITY OF SAN MARCOS, hereinafter known <br />as "claimant", the Texas Water Commission (the "Commissionll), by <br />and through its Executive Director, witness: <br /> <br />That whereas claimant has filed a claim with the Commission <br />for reimbursement from the Petroleum Storage Tank Remediation Fund, <br />pursuant to the Texas Water Code ~26.3573; <br /> <br />And whereas the Commission may have raised questions regarding <br />the payment of some aspects of the claim and may have issued Fund <br />Payment Reports awarding less than the amounts claimed; <br /> <br />And whereas the Commission may need to investigate the amount <br />charged by claimant's consultants and contractors for the <br />remediation work; <br /> <br />And whereas the investigation would involve such consultants <br />and contractors who are third parties in privity of contract with <br />claimant and the investigation can best be resol ved by direct <br />negotiation between the Commission and such third parties; <br /> <br />And whereas a goal of House Bill 1588 was to provide for the <br />expeditious payment of money in ord~r to avoid undue disruption of <br />the businesses of affected tank owners and operators in the State <br />of Texas; <br /> <br />And whereas the Commission and claimant between themsel ves <br />have agreed for the payment of claimant's request; <br /> <br />And whereas the Commission wishes to ensure that the State of <br />Texas has the appropriate means available to address questions <br />which may arise during any subsequent audit of this case which the <br />Commission may undertake; <br /> <br />Now, therefore, and in consideration of Three Hundred Eighty- <br />Five Thousand Three Hundred Thirty-Five and 06/100 dollars <br />($385,335.06) to be paid to claimant upon the Commission's receipt <br />of this signed contract, claimant hereby agrees as follows: <br /> <br />1. This payment is in full satisfaction of all claims for <br />petroleum storage tank remediation (PST) funds which were not <br />disallowed or held by the Commission as described in the attached <br />