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7?1/- -~ ,. : TEXAS LOCAL ~ARK. RECREATION AHD OPEN SPACE FUND PROJECT AGREEMENT GENERAL PROVISIONS (Revised 3/94) Part I - Definitions A. The term "Department" as used herein means the Texas Parks and Wildlife Department. B. The term "Di rector" as used herei n means the Executi ve Di rector of the Te:ças Parks and Wi 1 dl i fe Department, or any representative lawfully delegated the authority to act for the Executive Director. c. The term "Project" as used herein means a single project which is the subject of. this project agreement. D. The term "Participant" as used herein means the pol itical subdivision which is party to the project agreement. E. The term "Fund" as used herein means the Texas Local Parks, Recreation and Open Space Fund. F. The term "Procedural Guide" as used herein means the Procedural Guide for the Land and Water Conservation Fund Program. Part II - ~ntinuing Assurances The parties to the project agreement specifically recognize that the Texas Local Parks, Recreation and Open Space Fund assistance project creates an obligation to maintain the property described in the project agreement consistent with the Texas Local Parks, Recreation and Open Space Fund Act and the following requirements: A. The Particioant aGrees that the orooertv described in the oroiect aGreement and in the dated oroiect boundarv maD made cart of that aareement is beina acquired or develDoed with Fund assistance and that it shall not be converted to other than oublic recreation use but shall be maintained in oublic recreation in oercetuitv or for the term of the lease in the case of leased orocertv. { B. The Participant agrees that the benefit to be derived by the State of Texas from the full compliance by the Participant with the terms of this agreement is the preservation, protection, and the net increase in the quality of public-recreation facilities and resources which are available to the people of the State, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. C. The Participant agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by the Retention, Operation and Maintenance guidel ines of the Procedural Guide. D. The Particinant aarees that a cermanent record shall be kect and available for oublic insoection to the effect that the crooertv described in the scooe of the oro;ect aoreement and the dated croiect boundarv maD made cart of that aoreement has been acQuired or developed with Fund assistance and that it cannot be : converted to other than oublic recreation use. E. Nondiscrimination 1. The Participant shall comply the terms of this agreement is the preservation, protection, and the net increase in the quality of public recreation facilities and resources which are available to the people of the State, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. 2. The Participant shall comply with Title VI of the Civil Rights Act of 1964, which in part, (a) prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant-aided facility. (b) prohibits discriminating against any person on the basis of residence. Part III - Project Assurances A. Applicable Circulars 1