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STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
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Last modified
3/26/2024 2:26:49 PM
Creation date
3/10/2022 3:00:03 PM
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Contracts
Company Name
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Contract #
A-2022-014
Agency
Public Works
Council Approval Date
2/1/2022
Expiration Date
2/1/2032
Destruction Year
2037
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City of Santa Ana <br />Master Agreement No. 64AO274 <br />Page 13 of 26 <br />(3) To be eligible for local match credit, RECIPIENT must ensure that local match funds <br />used for the PROJECT meet the General Provisions requirements outlined in this <br />ARTICLE Il in the same manner as required of all other PROJECT expenditures. <br />(4) In addition to the above, the preaward requirements of third party <br />contractor/consultants with local transit agencies should be consistent with Local <br />Program Procedures (LPP-00-05). <br />E. Change In Funds and Terms/Amendments <br />This AGREEMENT and the resultant PROGRAM SUPPLEMENTS may be modified, altered, <br />or revised only with the joint written consent of RECIPIENT and STATE. <br />F. Project Ownership <br />(1) Unless expressly provided to the contrary in a PROGRAM SUPPLEMENT, subject to <br />the terms and provisions of this AGREEMENT, RECIPIENT, or a designated <br />subrecipient acceptable to STATE, as applicable, shall be the sole owner of all <br />improvements and property included in the PROJECT constructed, installed or acquired <br />by RECIPIENT or subrecipient with funding provided to RECIPIENT under this <br />AGREEMENT. RECIPIENT, or subrecipient, as applicable, is obligated to continue <br />operation and maintenance of the physical aspects of the PROJECT dedicated to the <br />public transportation purposes for which PROJECT was initially approved unless <br />RECIPIENT, or subrecipient, as applicable, ceases ownership of such PROJECT <br />property; ceases to utilize the PROJECT property for the intended public transportation <br />purposes; or sells or transfers title to or control over PROJECT and STATE is refunded <br />the Credits due STATE as provided in paragraph (4) herein below. <br />(2) Should State bond funds be encumbered to .fund any part of a PROJECT under this <br />AGREEMENT, then, at STATE's option, before RECIPIENT will be permitted to <br />make any proposed change in use, RECIPIENT shall be required to first obtain a <br />determination by Bond Counsel acceptable to the State Treasurer's Office and STATE <br />that a change in the operation, proportion, or scope of PROJECT as originally proposed <br />by RECIPIENT will not adversely affect the tax exempt status of those bonds. <br />(3) PROJECT right-of-way, PROJECT facilities constructed or reconstructed on a <br />PROJECT site and/or PROJECT property (including vehicles and vessels) purchased <br />by RECIPIENT (excluding temporary construction easements and excess property <br />whose proportionate resale proceeds are distributed pursuant to this AGREEMENT) <br />shall remain permanently dedicated to the described public transit use in the same <br />proportion and scope, and to the same extent as mandated in the PROGRAM <br />SUPPLEMENT and related Bond Fund Certification documents, if applicable, unless <br />STATE agrees otherwise in writing. Vehicles acquired as part of PROJECT, <br />including, but not limited to, buses, vans, rail passenger equipment and ferry vessels, <br />shall be dedicated to that public transportation use for their full economic life cycle, <br />which, for the purpose of this AGREEMENT, will be determined in accordance with <br />Revised December 23,2020 <br />
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