Agmt 2008 Association of Bay Area Governments ABAG

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VI. PROJECT COMPLETION A. Within ninety (90) days of completion of construction of the Project, the Grantee shall supply ABAG with two copies of evidence of completion by submitting a final report which includes: 1. An inspection report by a registered architect or engineer or the Grantee's Public Works Director certifying completion of the Project according to the approved work program. 2. A fully executed final "Request for Disbursement" form. 3. "As built" drawings of the completed Project. 4. If the Project is built by third parties, a copy of a recorded Notice of Completion covering the Project. B. Within forty-five (45) days of Grantee's compliance with this section, ABAG shall determine whether the Project has been satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABAG shall issue to the Grantee a letter of acceptance of the Project. The Project shall be deemed complete as of the date of the letter of acceptance. VII. EARLY TERMINATION AND FAILURE TO PERFORM If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to ABAG of all amounts disbursed by ABAG under this Agreement. ABAG may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies ABAG may have for breach of this Agreement. VIII. OPERATION AND MAINTENANCE A. The Grantee or its successor in interest shall maintain the facilities and structures constructed as part of the Project and shall operate these facilities and structures throughout the term of this Agreement (December 31, 2037) consistent with the purposes for which ABAG's grant was made. The Grantee assumes all operation and maintenance costs of these facilities and structures. Neither ABAG nor the Conservancy shall be liable for any cost of such maintenance, management or operation. The Grantee may be excused from its obligations for operation and maintenance during the term of this Agreement only upon the written approval of ABAG. B. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance and expenses necessary to produce gross revenues. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. IX. INSPECTION -6- Construction Grant Agreement - 2008