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<br /> <br /> <br /> <br /> <br />Exhibit A <br />1. Access to the Project Area by a maintained public way, <br />2. Aright of passage over a waterway, open to the public, between the Project Area <br />and navigable waters, and <br />3. Easements or other rights of way outside the Project Area sufficient to provide <br />utilities and services to the Project. <br />Grantee warrants that there is no encumbrance, lien, easement, license, title, cloud or other <br />interest that may interfere with the Project Area or use thereof by the public. <br />ARTICLE 3 -TERM OF AGREEMENT <br />A. This Agreement, subject to any provision for prior termination, shall begin on the effective <br />date and shall continue for Twenty (20) years from the Date of Acceptance of the Project by <br />the Grantee. <br />B. This Agreement maybe extended, amended or cancelled upon the written agreement of the <br />parties. <br />ARTICLE 4 -PHASE FUNDING OF GRANT /BUDGET CONTINGENCY <br />A. The Legislature has appropriated and this Agreement authorizes for expenditure <br />184 000 as Phase I of the Project. All subsequent phases of a multi-year Agreement <br />are subject to prior appropriation by the Legislature. This Agreement shall authorize <br />subsequent phases for expenditure upon the Department's written notice specifying the <br />phase number and amount appropriated. <br />B. It is mutually agreed that this contract may have been written before ascertaining the <br />availability of appropriation of funds. If the Budget Act of any subsequent year covered <br />under this Agreement does not appropriate sufficient funds for the Project; this <br />Agreement shall be of no further force and effect. In this event, the Department shall <br />have no liability to pay any funds whatsoever to Grantee or to furnish any other <br />considerations under this Agreement and Grantee shall not be obligated to perform any <br />provisions of this Agreement. <br />C. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this <br />Project, the Department shall have the option to either cancel this Agreement with no <br />liability occurring to the Department or offer an amendment to Grantee to reflect the <br />reduced amount. <br />ARTICLE 5 -DISBURSEMENT OF GRANT <br />A. The Department shall provide a Grant to the Grantee in the maximum amount stated on <br />STD 213 line 3 of this Agreement. <br />REVISION 01/21/04 03SANLEANDR01 <br />7 <br />