R97-22 AUTHORIZING EXECUTION OF STATE / FEDERAL CAPITAL ASSISTANCE GRANT AGREEMENT

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. . . . � � � � E. No Government Obligations to Third Parties - The Department and FTA shall not be subject to any obligations or liabilities by contractors of the Grantee or their subcontractors or any other person not a party to this contract in connection with the performance of this Project pursuant to the provisions of this Agreement without its specific written consent. Grantee agrees to include this clause in each contract and subcontract financed in whole or in part with federal assets by FTA. It is further agreed that this clause shall not be modified, except to identify the subcontractor who will be subject to this provision. E. Illinois Law - Notwithstanding federal preemption, this Agreement shall be construed in accordance with the laws of the State of Illinois. F. Grantee's Responsibility for Com lip ance - Irrespective of the participation of other parties or � third party contractors, the Grantee continues to remain primarily responsible to the , Department and FTA for compliance with all federal & state requirements published in , statutes, regulations, executive orders, Master Agreements or Grant Agreements for this � Project. i ITEM 7 - 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 senrice to give such notice) to the Department and all units of local government within the Grantee's service area. ITEM 8 - REAL PROPERTY, EQUIPMENT AND SUPPLIES Unless otheruvise approved by the Department, the following conditions apply to Project Facilities financed under this agreement: A. Use Of Projgct 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 Faci�ities 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 tMe 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 State/Federal Capita!Grant page 7