LETTER AGREEMENT
This Letter Agreement is between Lower Colorado River Authority ("LCRA") and Kerr
County ("Recipient"). Inconsideration of the Recipient's commitments made in a Grant
Application for the Project dated January 31, 2003, LCRA agrees to grant to Recipient
fifteen thousand and fifty nine dollars and no/100 ($15,059.00) ("grant money") for the
purpose of finish the restoration project for the old Union Church building ("Project").
Recipient agrees to use the grant money solely for Project purposes. If Recipient uses any
grant money for purposes other than the Project, Recipient shall return the amount used for
the other purposes to LCRA immediately upon demand.
Recipient agrees to complete the Project within twelve (12) months of the date the grant
money is awarded. If the Project is not completed within twelve months, Recipient shall
return the unexpended grant money to LCRA immediately upon demand. Upon completion
of the Project, Recipient agrees to provide LCRA with a photograph and the completed,
attached final report form.
Recipient shall not use property purchased in whole or in part with grant money for a
purpose other than that stated in the Project grant application, except with prior approval of
LCRA. Any interest earned by Recipient on the grant funds prior to their expenditure shall
be considered grant funds and applied exclusively to the Project. The project must remain
open and accessible to the general public for the life of the project. If Recipient uses such
property without LCRA approval, Recipient agrees that it shall refund to LCRA the full
amount of the grant.
Recipient shall maintain accurate records of all costs, payments, and related data as may
be required by LCRA to verify proper use of the grant money for the Project. Recipient shall
maintain such records for at least two years after completion of the Project, and shall make
the records available to LCRA for inspection upon being given reasonable notice.
Recipient shall comply with all federal, state and local laws, ordinances, and regulations in
connection with the Project. Recipient shall also be responsible for obtaining all necessary
permits, licenses, and any other such approvals required for the Project.
Recipient will clearly make public identification at the Project site acknowledging that LCRA
and ,are sponsors of the project.
LCRA shall have the right to enter upon and photograph the Project site at any reasonable
time for the purpose of inspection including but not limited to walk throughs, on site
evaluation, and end of project evaluations.
RECIPIENT AGREES TO INDEMNIFY AND HOLD LCRA AND ITS DIRECTORS,
OFFICERS, EMPLOYEES, WHOLESALE CUSTOMERS, AND AGENTS HARMLESS
FROM DAMAGES, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, JUDGMENTS,
COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES RESULTING FROM 1) DAMAGE TO PROPERTY OF ANY PERSON, FIRM,
CORPORATION OR GOVERNMENTAL AGENCY, INCLUDING PROPERTY OF LCRA,
AND/OR 2) DEATH OF, OR INJURY TO, ANY PERSON OR PERSONS, INCLUDING
EMPLOYEES OF LCRA, ARISING OUT OF, AND TO THE EXTENT CAUSED BY, A
NEGLIGENT ACT OR OMISSION OR WILLFUL MISCONDUCT OF RECIPIENT, ITS
AGENTS, SERVANTS, EMPLOYEES, AND ITS SUPPLIERS AND SUBCONTRACTORS
OF ANY TIER, THEIR AGENTS, SERVANTS AND EMPLOYEES.
IN THE EVENT THAT LCRA IS FOUND TO BE CONCURRENTLY NEGLIGENT,
RECIPIENT SHALL NOT INDEMNIFY FOR THE PROPORTIONATE NEGLIGENCE
ATTRIBUTABLE TO LCRA BUT SHALL INDEMNIFY FOR THE PORTION OF
NEGLIGENCE ATTRIBUTABLE TO RECIPIENT, ITS AGENTS, SERVANTS,
EMPLOYEES, AND ITS SUPPLIERS AND SUBCONTRACTORS OF ANY TIER, THEIR
AGENTS, SERVANTS, AND EMPLOYEES.
Neither party shall be liable to the other for incidental or consequential damages, whether or
not the possibility of such damages has been disclosed or could have been reasonably
foreseen.
Recipient shall procure and maintain insurance in full force and effect throughout the term of
the Project. Improvements constructed or property purchased with grant funds shall be
insured against loss for the full value of the improvements or property.
If the terms and conditions stated above are in accordance with your understanding, please
so indicate by signing both originals of this Letter Agreement and returning one of them to
LCRA.
o eph J. Bea , . E.
General Manager
LCRA
in y ~ --_
Kerr County Judge
STATE OF TEXAS §
COUNTY OF Kerr §
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared
Pat Tinley ,known to me to be the person whose name is subscribed to the foregoing
instrument, who, after being duly sworn and deposed, says that the above and foregoing
instrument is true and correct, within his/her knowledge and belief and that he/she executed
same in the capacity therein stated.
SUBSCRIBED TO AND SWORN TO BEFORE ME on this the qtr day of
Marsh , 2~~3, by - __Pat Tinley , Kerr County Judge , On
(name) (title)
behalf Of Kerr County
(organization)
Notary Public
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~' " i NOTARY PUBLIC STATE OF TEIIAS
~~~J~` coma:ior txnrES:
M/-RCN 10. 2007
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ENERGY • WATER • COMMVNITY SERVICES
March 21, 2003
The Honorable Pat Tinley
County Judge
Kerr County
700 Main Street
Kerrville, Texas 78028
Dear Judge:
The customers and employees of Lower Colorado River Authority (LCRA) congratulate
you for being awarded a Community Development Partnership Program (CDPP) grant
in the amount of $15,059.00. We are excited about your project and will be pleased to
see the resulting benefits in your community.
Your project reflects the strong leadership and alliances that have developed in your
community. LCRA is proud to be a part of these efforts.
We are enclosing two copies of the letter of agreement for your review and signature.
Please sign and return one copy in the enclosed envelope. After we receive the signed
agreement, we will schedule a date to deliver your grant check.
Again, congratulations on your grant award. If you have any questions please contact
Lola Flores at 1-800-776-5272, ext. 2867.
Very truly yours,
7
Robert W. Lambert
LCRA Board Chair
P.O. BOX 220 • AUSTIN, TEXAS 78767-0220 (512) 473-3200 1 -800-776-5272 WWW.LCRA.ORG