|
As recipient of any of condemnation awards or proceeds referred to herein, the State Entity
<br />agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation
<br />awards or proceeds it receives so that the Public Entity can comply with the requirements that
<br />this Section imposes upon the Public Entity as to the use of such condemnation awards or
<br />proceeds.
<br />Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i)
<br />keep the Real Property and, if applicable, Facility, in good condition and repair, subject to
<br />reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike
<br />manner any building or other improvement which may be constructed on the Real Property and
<br />promptly restore in like manner any portion of the Facility, if applicable, which may be damaged
<br />or destroyed thereon and pay when due all claims for labor performed and materials furnished
<br />therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions
<br />and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any
<br />part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain
<br />abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and
<br />repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity's
<br />interest in the Real Property and, if applicable, Facility, is a leasehold interest, and (vi) comply
<br />with the provisions of any condominium documents and any applicable reciprocal easement or
<br />operating agreements if the Real Property and, if applicable, Facility, is part of a condominium
<br />regime or is subject to a reciprocal easement or use agreement.
<br />The Public Entity shall not, without the written consent of the State Entity and the
<br />Commissioner, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility,
<br />for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or
<br />substantially alter any of the Real Property or, if applicable, Facility, except such alterations as
<br />may be required by laws, ordinances or regulations or such other alterations as may improve
<br />such Real Property or, if applicable, Facility by increasing the value thereof or improving its
<br />ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing
<br />which would unduly impair or depreciate the value of the Real Property or, if applicable,
<br />Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste
<br />or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or
<br />personal property from the Real Property or, if applicable, Facility, that was paid for with the
<br />proceeds of the Grant unless the same are immediately replaced with like property of at least
<br />equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real
<br />Property or, if applicable, Facility, in violation of any law, ordinance or regulation.
<br />If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
<br />accordance with the provisions contained in this Section, then the State Entity may perform
<br />whatever acts and expend whatever funds that are necessary to so maintain the Real Property
<br />and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State
<br />Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to
<br />necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or
<br />funds expended by the State Entity hereunder shall be at its sole option and discretion, and
<br />nothing contained herein, including but not limited to this Section, shall require the State Entity
<br />to take any action, incur any expense, or expend any funds, and the State Entity shall not be
<br />Generic GO Bond Proceeds 2% Ver — 6/26/08
<br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt)
<br />
|