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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TPWD Agreement No. 447138 MEMORANDUM OF AGREEMENT BETWEEN CITY OF SAN MARCOS & THE TEXAS PARKS AND WILDLIFE DEPARTMENT This Agreement is made by and between the Texas Parks and Wildlife Department, an agency of the State of Texas ( "TPWD ") and the City of San Marcos ( "CoSM "), a municipal corporation of the State of Texas. Recitals WHEREAS, the United States Department of the Interior through the United States Fish and Wildlife Service (USFWS) has awarded Non - Traditional Endangered Species Section 6 Funds (TX E- 152 -RL -1, F13AP00677) ( "Grant Funds ") to TPWD to assist in acquiring in fee simple 92.73 acres of the Barker Tract B -1 parcel ( "Property "), located adjacent to the 463 acre Purgatory Creek Natural Area, to aid in the recovery and delisting of nine (9) federally listed endangered species, including the Golden - cheeked Warbler, Black- capped Vireo, and multiple species that inhabit the aquatic ecosystem of the Edwards Aquifer near San Marcos, Texas; and WHEREAS, both TPWD and CoSM have contractual capacity under Texas law, NOW, THEREFORE, in consideration of all of the foregoing, the parties hereby agree as follows: I. Purpose The purpose of this Agreement is to describe the relationship between and obligations of TPWD and the CoSM in relation to the grant described above. II. Authority This Agreement has been authorized by TPWD's Executive Director and is entered into pursuant to the Interlocal Cooperation Act, Chapter 791 Texas Government Code. III. Responsibilities of the Parties A. TPWD, as the grantee, will reimburse CoSM up to the amount of $1,242,209 (One million two hundred forty -two thousand two hundred nine dollars), or 63% of the Total Project Cost. TPWD will perform all obligations related to the Grant and this acquisition in accordance with the conditions described in the Project Statement, attached hereto as Exhibit "A" and incorporated herein. B. CoSM, as the subgrantee, will obtain fee simple title to the Property using Grant Funds, along with cash and in -kind match contributed by the CoSM, in the amount of $729,551 (Seven hundred twenty -nine thousand five hundred fifty -one dollars), or 37% of the Total Project Cost. C. CoSM shall comply with all conditions established in USFWS correspondence related to the Federal Aide Grant TX E- 152 -L -1 (CFDA# 15.615), attached hereto as Exhibit "B" and incorporated herein. IV. Term, Termination This agreement will remain in effect unless terminated by agreement of the Parties. V. Special Provisions A. Funding. Any expenditure of resources must be from current revenues available to the paying party. B. Other Law. CoSM understands and agrees that by accepting money for services under this Contract, it will comply with all federal laws and regulations related to grants of federal funds under this Contract, including 2 CFR 215, UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS WITH STATE AND LOCAL GOVERNMENTS (OMB CIRCULAR