R2003-23 AUTHORIZING AN AGREEMENT

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. i I Grantee shall immediatel noti the De artment and shall at the De a m ' Y fY p , p rt ent s discretion, and as provided in Department guidelines, remit to the State a proportional amount of the fair market value, if any, of such Project Facilities. If the Project Facilities include commuter parking, the Parties agree that users of the commuter parking facilities funded by this Grant may be charged a fee for the use of such facilities, but the amount of such fee shall be so established to meet reasonable maintenance and operating expenses, and to establish a sinking fund to cover major rehabilitation, or for other transit related purposes as approved by the Department in writing. The Project Facilities shall be equally available for use by all commuters regardless of the place of residence, and there shall be no difference in the amount of fees charged to users of such commuter parking facilities � based on place of residence. The Grantee shall keep satisfactory records with regard to the use of the Project Facilities and shall submit to the Department, upon request, such information as the Department may require in order to assure compliance with this ITEM, and the Grantee shall immediately notify the Department in all cases where Project Facilities are used in a manner substantially different from that described in the Grantee's final approved application. The Grantee shall maintain, in an amount(s) and form satisfactory to the Department, such insurance or self-insurance as will be adequate to protect Project Facilities throughout the period of required use. The cost of such insurance shall not be an item of allowable cost under this Agreement. The Grantee shall also submit, from time to time, to the Department upon request, a certification that the Project Facilities are still being used in accordance with the terms of this Agreement and further certify that no part of the local contribution to the cost of the Project has been refunded or reduced. B. Maintenance and Withdrawn Property-The Grantee agrees to maintain any Project Facilities at a high level of cleanliness, safety, and mechanical soundness and in accordance with any guidelines, directives, or regulations that the manufacturer, contractor, or the Department may issue, the stricter standard shall apply unless excused by the Department. For vehicles, the manufacturer's suggested maintenance and inspection schedule will be considered the minimum maintenance standard that must be adhered to. For vehicles, the Grantee must establish and follow a written maintenance plan which includes, pre-trip inspections, a preventive maintenance program, and documentation of repairs. The Department shall have the right to conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this Section. The Department reserves the right to require the Grantee to restore, repair or replace Project Facilities or pay for damage as a result of abuse, neglect, or misuse of such Project Facilities. If, at any time during the useful life of the Project Facilities, any of the Project Facilities are not used for the purposes specified in this Agreement, whether by planned withdrawal, misuse or casualty loss, the Grantee shall immediately notify and receive approval from the Department prior to disposing of such Project Facilities. Any such disposition shall be in accordance with Department procedures and this Agreement. (1) Interest in Property - Unless otherwise approved by the Department, the Grantee agrees to remit to the Department the State interest in the fair market value, if any, of any item of the Project Facilities whose unit value exceeds$5,000, or the Project Facility, at the option of the Department. The portion of that interest shall be determined on the basis of the ratio of the assistance provided by the Department for the particular Project Facifiry to the actual cost of the Project. State Capital Grant Pa ge 8