Res 2018-057/approving an Agreement of Sale with the Trust for Public Land for the City to purchase approximately 151 acres of land for the third and final acquisition out of the Wildenthal Tract at a cost to the City of $2,265,368, subject to the award t

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27. Contingencies. The parties agree that this Agreement is contingent upon the Following: (a) Buyer acknowledges that, Seller does not presently own the Property and that Seller's duties hereunder and Buyers rights hereunder are both expressly contingent upon, the acquisition by Seller of the Property, In the event Seller does not acquire the Property from Current Owner, this Agreement shall terminate and neither party shall have any .further obligations hereunder. (b) Seller acknowledges that Buyer, as a subgrantee: through the 'texas Parks and Wildlife Department, is relying upon the award of grant fundsfrom the United States Department of the Interior, to fund the purchase of the Property. If such grant funds are not awarded, thea this Agreement shall terminate and neither party shall have any further obligations hereunder, 28. Conditions to Access _ja±L2pKE!y. Before entering upon the Property, City shall notify TPL and TPL shall have obtained the Current Owner's permission for City to enter upon the Property to conduct said investigations. To the extent allowed by the constitution and laws of the State of Texas, City does hereby indemnify and hold the Current Owner and TPL and its officers, directors, principals, and employees, as the case may be, harmless from arid against any and all liability, loss, cost, claim, action, suit and/or expense (including but not limited to attorneys' fees and litigation expenses) which they may suffer or incur by reason of City's or its agents presence on the Property. 29'. Signage. The parties agree that permanent signage oil the Property shall provide for recognition of the role of TPL. in this acquisition, said signage being subject to applicable govem-mental regulations and the approval of TPL. This section shall survive the delivery of the deed. 30. Expiration. This Agreement shall be of no force or effect, and shall be null and void, unless a fully -signed original of this Agreement, signed by both parties, is delivered to Seller and received by Seller no later than ApriJ20, 2018. Seller may in its sole discretion waive this expiration date. IN WITNESS of the foregoing provisions the parties have executed Enid delivered this Agreement as of the date set forth below. The effective date (the "Effective Date") of this Agreement shall be the last date of execution by either of the parties to this Agreement. This Agreement may be executed and delivered by electronic signature (including facsimile or pr[f) by or on behalf of either Buyer or Seller, which forrn of execution and delivery shall be effective for all purposes. Agrint of Sale City orae Marcos Wildenthal Phase 3 8