Res 2013-096/Approving an Agreement of Sale with the Trust for Public Land for the city to purchase 93 acres of land for the expansion of Purgatory Creek

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VIII. TERM OF CONTRACT: This Contract is to begin _upon signature by both parties whichever is later , and shall terminate An extension to this contract may be granted with prior written approval by TPWD. Any extensions shall be at the same terms and conditions, plus any approved changes. This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature, or otherwise made available, to TPWD. IX. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: A. Capitalized Property is real or personal property that have an estimated life of greater than one year. A capital asst has a value equal to or greater than the capitalization threshold established for that asset type. In accordance with State Property Accounting (SPA) regulations B. Controlled Property is a capital asset that has a value less than the capitalization threshold established for that asset type, however due to its high -risk threshold, is required to be reported to SPA. The Comptrollers controlled assets list can be found online at: hftps://fmx.cpa.state.tx.us/fmx/spa/classcosed/control.php. C. Contractor shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the Performing Agency. D. Deliverables means the work product(s) required to be submitted to TPWD as set forth in the Work Plan. E. Equipment means tangible personal property have a useful life of more than one (1) year and an acquisition cost of Five Thousand Dollars ($5,000) F. Final Report means a written report that must be received by TPWD upon completion of the Work Plan, as set forth herein. G. Public Information Act means Chapter 552 of the Texas Government Code H. Work Plan means the statement of work and special conditions, if any, contained in Attachment A I. UGMS means Uniformed Grant Management Standards. (www.governor.state.tx. us/files /state - grants /UGMS062004.doc) X. GENERAL TERMS AND CONDITIONS: Abandonment or Default: If the contractor defaults on the contract, TPWD reserves the right to cancel this Contract without notice. The defaulting contractor will not be considered in the re- solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope Page 4 PWD 8 A1500- (01/2011)