Res 1991-071 - Laserfiche WebLink

Home Browse Search

1. This payment is in full satisfaction of all claims The city of San Marcos may have for payment of funds from the Petroleum Storage Tank Remediation Fund for any corrective action represented within and included in the Commission's application No 001071, incorporated herein by reference, and represented by the Fund Payment Report attached to this Contract, incorporated herein by reference, at the site located at 630 E. Hopkins, San Marcos, Hays County, Texas, also known as Leaking Petroleum Storage Tank ("LPST") No. 92680 or City of San Marcos Public Works; PROVIDED THAT, if the Legislature authorizes reimbursement for corrective action performed in response to a release of spent oil or waste oil, claims for those corrective action expenses are not waived¡ and PROVIDED FURTHER, if the Legislature decreases the amount of the deductible or owner/operator contribution which applicant must pay, the right of Applicant to claim a partial payment or refund of its $10,000 deductible is not waived; 2. The City of San Marcos hereby agrees and by these presents does assign, transfer and subrogate to the Commission any and all sums of money due or owing The City of San Marcos by its consultants and contractors, and/or their agents and subcontractors, and/or all claims, demands, and causes of action of whatsoever kind which The City of San Marcos may have against its consultants and contractors, and/or their agents and subcontractors, arising out of the remediation work included in the Commission's Application No. 001071, at the site located at 630 E. Hopkins, San Marcos, Hays County, Texas, also known as LPST No. 92680 or City of San Marcos Public Works~ and, 3. The City of San Marcos shall cooperate fully, including providing testimony and documentary (including, but not limited to, drawings, designs, charts and graphs) photographic, audiotape, or videotape evidence within the possession or control of The City of San Marcos, as requested by the Commission for the purposes of investigating and, if necessary, prosecuting in court any matters arising out of the remediation at the site covered by this agreement or the claims paid for corrective action performed at thïs site. The City of San Marcos further agrees to maintain all documentary (including, but not limited to, drawings, designs, charts and graphs) photographic, audiotape, or videotape evidence at its expense for a period of four (4) years from the date this agreement is signed by The City of San Marcos.