Res 2013-093/Approving an Interlocal Agreement between Guadalupe Blanco River Authority (GBRA) local participation for Phase II of a US Army Corps of Engineers

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Guadalupe Blanco River Authority W.E. (Bill) West, Jr, General Manager 933 East Court Street Seguin, TX 78155 Section 5. FUNDING. It is expressly understood and agreed by the parties, such understanding and agreement being of the absolute essence to the Agreement, that GBRA will not financially contribute toward completion of Phase II of the Project, but will manage the project. When GBRA has expended the total 25% contribution from each participating community to meet its obligations hereunder, GBRA shall have no further obligation of duty under the terms of this Agreement, notwithstanding any word, statement, or thing contained in or inferred from the provisions hereof, which might in any light by any person be construed to the contrary. Participation by the parties in the Project shall in no way commit a party to financial participation in implementation of any solution to problems which may be identified by the Project, or the adoption of floodplain management regulations which may be recommended in the Project. It is expressly understood and agreed by the parties that once Local Participant has provided payment, they shall have fully met their obligations hereunder, and shall have no further obligations, financial or otherwise, under the terms of this Agreement. Section 6. TERMINATION. This Agreement may be terminated by either party by thirty (30) days advance written notice to the other party to this Agreement. In the event of termination under this provision, GBRA shall have no further obligation to Local Participant for any respective contribution at the time of termination. In the event of termination by Local Participant under this provision, Local Participant shall be responsible for any cost incurred for its respective portion of the project up to the date of termination. Section 7. IMMUNITY. It is expressly understood and agreed that in the execution of this Agreement, no party waives nor shall be deemed to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 8. NOT A JOINT ENTERPRISE. This Agreement is not intended to and shall not create a joint enterprise among any party to this Agreement. The parties are undertaking governmental functions or services under this Agreement and the purpose hereof is solely for the public good, rather than any pecuniary purpose. A party undertaking work under this Agreement shall have a superior right to control the direction and management of such work, except as may otherwise expressly be provided herein.