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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A -102). As part of this agreement, CoSM will make the necessary certifications and agreements required, including but not limited to federal assurances in Exhibit " C ". C. Disposition. In accordance with federal regulations (43 CFR 12.71), in the event of noncompliance by the subgrantee, then TPWD, as the Grantee, and CoSM, as the subgrantee, shall request disposition instructions from the USFWS. D. Modification. This Agreement may not be altered, amended, or modified except in writing and approved by the Parties. E. No partnerships. This Agreement shall not make or be deemed to make any party to this Agreement an agent for or the partner of any other party. F. Nondiscrimination. The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and Title IX of the Education Amendments of 1972, and offers all persons the opportunity of participate in programs or activities regardless of race, color, national origin, age, sex or disability. Further, it is agreed that no individual will be turned away or otherwise denied access to or benefit from any program or activity that is directly associated with a program on the basis of race, color, national origin, age, sex (in educational activities) or disability. This clause is to be included in all subcontracts. G. Attorneys Fees. If any action at law or equity including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each party to the litigation shall bear its own attorneys' fees and costs. H. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered by this Agreement, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. I. Contact. Principal contacts for the parties are as provided in this section. Notices or requests for assistance under this Agreement shall be in writing, and may be given by hand delivery, U.S. mail, or electronic fax. If sent to the parties at the contact information addresses designated herein, notice shall be deemed effective upon receipt in the case of hand delivery and three days after deposit in the U.S. Mail in case of mailing. The address of the parties for all purposes shall be: City of San Marcos: Richard Salmon Grants Administrator San Marcos, TX (512) 393 -8405 office rsalmon@sanmarcostx.gov Trust for Public Land: Scott J Parker Senior Program Director, Gulf Coast Program 2579 Western Trails Boulevard, Suite 130 Austin, Texas 78745 (415) 269 -4231 office (415) 269 -4231 mobile scott.parker@ tpl.org Texas Parks and Wildlife Department: Dr. C. Craig Farquhar Endangered Species Grants Coordinator Wildlife Division 4200 Smith School Rd. Austin, Texas 78744 (512) 389 -4933 office (512) 389 -8043 fax craii�.farquhar @tpwd.texas. og_v 2