Res 1998-126 - Laserfiche WebLink

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(vii) For property with a current fair market, per-unit value in excess of five thousand dollars ($5,000), if no longer needed for support of the authorized projects or programs under this Contract, whether original or replacement, and within six years of the initiation date of this Contract, the SUBCONTRACTOR shall obtain written authorization from CAPCO prior to changing the use of the property, to include selling or transferring ownership of the property. In requesting authorization for a change 10 use of the property, the SUBCONTRACTOR shall provide information as requested by CAPCO, to include information to assure that the new use of the property will adhere to the requirements of Section (b) of this Article. Prior to authorizing the SUBCONTRACTOR to change the use of the property, CAPCO may, at its discretion, require the SUBCONTRACTOR to notify and request input from private industry providers of recycling or solid waste services in the area of the proposed new use or activity, to determine that a competitive advantage issue does not exist. After six years of the initiation date of this Contract, the SUBCONTRACTOR is not required to obtain authorization for a change in use of the property acqùired under this Contract, but the provisions of Section (b) of this Article shall still apply. (viii) If any property acquired or replaced under this Contract is sold or transferred within six years of the initiation date of this Contract, the TNRCC is entitled to a share of the proceeds from such sale or may require the transfer of ownership of the property to a third party, provided the fair market, per-unit value of the property at the time of the sale is in excess of five thousand dollars ($5,000). The TNRCC's share of the sale proceeds shall be the same percentage as was the funding provided under this Contract that enabled the original purchase or acquisition of the property in question. Property that is no longer needed and that has a fair market, per-unit value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to CAPCO, provided the other requirements set forth in this Article are met. including the requirements of Section (b) of this Article. (ix) If, prior to the termination date of this Contract, the SUBCONTRACTOR determines that any property acquired with funds provided as a result of this Contract is no longer needed for the original intended project, CAPCO may require the SUBCONTRACTOR to transfer title and possession of such property to a third party named by the TNRCC. (x) The SUBCONTRACTOR shall not grant or allow to a third party a security interest in any original or replacement materials, equipment, or facilities purchased or constructed with funds made available under this Contract. Article 7 Compliance with Applicable Laws The SUBCONTRACTOR shall give all notices and compJy with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, Capital Area Planning Council FY 1998 Solid Waste Contract 10 -