Res 2020-141/expressing support of the submission of a grant application to the Lyda Hill Lone Star Grant Program by the San Marcos River Foundation in partnership with the City of San Marcos and San Marcos Greenbelt Alliance to fund a trail connecting Pu

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3.5. All activities, grants awarded or funds expended for the project shall be subject to the terms and conditions of any pre-existing grant of funding restrictions in place on any land owned by the City that is part of the project. 3.6. All forms of conveyance, deeds, easements, terms and conditions regarding management of activities, maintenance, construction and similar activities, including the allocation of risk, and provisions concerning liability, insurance and indemnification shall be negotiated and agreed upon in writing before acceptance of the Lone Star Prize. 4. Article 4. City -retained Authority and Responsibility 4.1. The City may collect parking fees and other means of revenue to be used for the City of San Marcos Parks and Recreation Department during the initial 5 -year period and beyond. 4.2. Mutual approval of trail locations. 4.3. Approval, in its sole discretion, of the final terms and conditions of the Lone Star Prize or any grant awarded for the project to the extent such final terms and conditions affect property owned or controlled by the City, or the expenditure of City funds. 4.4. Provide customary enforcement of park rules on tracts owned by the City. 5. Article 5. SMRF-retained Authority and Responsibility 5.1. Mutual approval of trail locations. 5.2. To cease the grant application process at any time. 5.3. Retain ownership of acquired tracts if desired. 6. Article 6. Miscellaneous Provisions 6.1. Term. Subject to either party's right to terminate earlier under 6.3, the term of this Agreement will be for the period of the project Lone Star Prize. 6.2. Renewal. This Agreement may be renewed for additional five-year periods thereafter upon mutual agreement of the parties. 6.3. Termination. Notwithstanding any other provision in this Agreement regarding the term or default and termination, this Agreement may only be terminated: a) up until the time the parties agree to the terms and conditions of the Lone Star Prize and the Lone Star Prize is accepted, this Agreement may be terminated for convenience by either party upon providing 30 days' written notice of termination to the other party; and b) for failure of the other party to comply with its obligations herein. 6.4. Severability. If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable, it is the intention of the parties that the remainder of this Agreement will not be affected, and the parties declare that this Agreement would have been entered into without the unenforceable portion. 6.5. Amendments. This Agreement may not be altered, changed, or amended, except by a written document signed by both parties. The terms, provisions, covenants and conditions contained in this agreement will apply to, inure to the benefit, and be binding upon the Scanned with CarnScanner