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<br /> 18 <br /> CONTRACT OF TRANSFER, ASSIGNMENT, <br /> SUBROGATION, AND COOPERATION <br /> THE STATE OF TEXAS § <br /> This contract, between THE CITY OF SAN MARCOS, a municipality <br /> doing business in Texas, ("The City of San Marcos"), by and through <br /> its authorized representative, Larry Gilley as <br /> Ci ty Manager , and the Texas Water Commission (the <br /> "Commission"), by and through its Executive Director, witness: <br /> That whereas The City of San Marcos has filed a claim with the <br /> Commission for reimbursement from the Petroleum Storage Tank <br /> Remediation Fund, pursuant to the Texas Water Code §26.3573; <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 /> And whereas the Commission may need to investigate the amount <br /> charged by The City of San Marcos's consultants and contractors for <br /> the remediation work; <br /> And whereas the investigation would involve such consultants <br /> and contractors who are third parties in privity of contract with <br /> The City of San Marcos and the investigation can best be resolved <br /> by direct negotiation between the Commission and such third <br /> parties; <br /> And whereas a goal of House Bill 1588 was to provide for the <br /> expeditious payment of money in order to avoid undue disruption of <br /> the businesses of effected tank owners and operators in the state <br /> of Texas¡ <br /> And whereas the Commission and The City of San Marcos between <br /> themselves have agreed for the payment of The City of San Marcos's <br /> claim¡ <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 /> Now, therefore, for and in consideration of Five Hundred <br /> Eighty six Thousand, Three Hundred Seventy-Nine and 39/100 <br /> ($586,379.39) dollars to be paid to The City of San Marcos upon the <br /> Commission's receipt of this signed contract, The City of San <br /> Marcos hereby agrees as follows: <br />