R98-52 AUTHORIZING THE FILING OF A FINAL APPLICATION

Home Browse Search

f. Iilinois Law- This Agreement shall be construed in accordance with the laws of the State of Illinois. ITEM 8-CONTINUANCE OF SERVICE The Grantee agrees to use its best efforts to continue to provide,either directly or by contract, as the case may be, the service described in the Grantee's final, approved application. No reduction or termination of such service shall be made without compliance with all applicable statutory and regulatory provisions. At least 30 days prior to(a) any reduction or termination of such service or(b)the filing of a request for such reduction or termination with the appropriate regulatory agency,whichever comes first,the Grantee shall give written notice of the proposed action (or shall require the operator of such seroice to give such notice)to the Department and all units of local government within the Grantee's service area. ITEM 9-REAL PROPERTY, EQUIPMENT AND SUPPLIES a. Use of Projg�t Facilities-The Grantee agrees that the Project Facilities will be used for the provision of mass transportation service within the Grantee's service area substantially as described in the Grantee's final, approved application. Project Facilities may be used for incidental charter or sight-seeing services when not needed for mass transportation service operations. Such Project Facilities shall be used for(a) a period of twenty(20) years from the completion of the Project, or(b)the period of the useful life of such Project Facilities as determined in accordance with generally accepted accounting principles and Department guidelines,whichever period of time is less. If, during such period, such Project Facilities are not used in this manner or sold, or otherwise disposed of or withdrawn from mass transportation service at the initiative of the Grantee, the Grantee shall immediately notify the Department, and shall at the DepartmenYs discretion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 is required in order to assure compliance with this ITEM and shall immediately notify the Department in all cases where Project Facilities are used in a manner substantially different from that described in the final, approved application. The Grantee shall maintain in an amount 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 capital cost under this Agreement. The Grantee shall also submit to the Department upon request, a certification that the Project Facilities are still being used in accordance with the terms of this ITEM and that no part of the local contribution to the cost of the Project has been refunded or reduced. b. Maintenance & Withdrawn Pro�ertv - The Grantee agrees to maintain any State funded Project Facilities at a high level of cleanliness, safety, and mechanical soundness and in accordance with any guidelines, directives, or regulations that the Department may issue. For State funded vehicles, the manufacturer's suggested maintenance and inspection schedule will be considered the minimum � maintenance sfandard that must be performed. The Department shall have the right to conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this Section. The State State Capital Grant 7