R98-52 AUTHORIZING THE FILING OF A FINAL APPLICATION

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� This Contract No. 2758 (hereinafter referred to as "Agreement") is made by and between the Illinois Department of Transportation, Division of Public Transportation, (hereinafter referred to as the "State" or "Department") and the City of Decatur (hereinafter referred to as the "Grantee," which term shall include its successors and assigns). WHEREAS, the Grantee is undertaking a mass transportation capital project (hereinafter referred to as the • "Project"); and WHEREAS, the Grantee is an eligible grant recipient and the Project is an eligible mass transportation project under the provisions of the Civil Administrative Code of Illinois (20 ILCS 2705/49 et seq.) and the General Obligation Bond Act(30 ILCS 330/1 et seq.)(hereinafter collectively referred to as the"Acts");and WHEREAS, the Grantee has made application to the Department for State aid for the Project in accordance with the Acts and the procedures established by the Department; and WHEREAS, the Grantee's final application, including subsequent submittals, information, and documentation, as provided by the Grantee in support thereof, has been approved by the Department: NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, this Agreement is made to provide State financial assistance to the Grantee in the form of a capital grant (hereinafter referred to as the "Grant"), to set forth the terms and conditions upon which the Grant will be made and to set forth the agreement of the Parties as to the manner in which the Project will be undertaken,completed and used. ITEM 1 -DEFINITIONS As used in this Agreement: - a. Mass Transportation Service means general or special transportation service provided to the public (but not school bus, charter or sight-seeing service) on a regular and continuing basis in the service area described in the Grantee's final, approved application. b. Nef Project Cost means the sum of the eligible costs incurred in performing the work on the Project, including work done by the Grantee, less proceeds from sale of scrap and replaced facilities. c. Project Facilities means any facilities, equipment or real property purchased, acquired, constructed, improved, renovated or refurbished as part of the Project. d. "Contracto�' or"Third Party contracto�" means Grantee's contract or purchase order awarded by the Grantee to a vendor or contractor,financed in whole or part with federal or state assistance. ITEM 2-THE PROJECT The Grantee agrees to undertake and complete the Project and to provide for the use of Project Facilities as � described in the Grantee's final application approved by the Department, as specified by the Approved Project ', Budget and in accordance with this Agreement and all applicable laws. State Capital Grant 4