Agmt 2004 State Dept of Boating and Waterways

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' Exhibit A D. The Grantee shall maintain the Project Area and all improvements funded by this Agreement in accordance with the Department of Boating and Waterways Maintenance Guidelines ("Guidelines"), a copy of which is attached to and made a part of this Agreement. The Department and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project Area for purposes of inspecting the Project Area to determine if the #acility is being maintained according to the Guidelines. The Grantee shall: 1. Provide to the Department, within Sixty (60) days of approval by the Department of General Services of this Agreement, a maintenance schedule for approval detailing how each objective of the attached Guidelines will be addressed within the Project Area over the term of this Agreement. Each objective of the Guidelines must be considered; any objectives that are not applicable to a Grantee shall be included in the schedule with notation that such objective does not apply to this Project Area. The Department shall not unreasonably withhold its approval; however, it is the Grantee's responsibility to ensure that such maintenance schedule adequately addresses Grantee's responsibilities and each objective. The Department's written approval of the maintenance schedule shall be required before any funds are disbursed. 2. Follow its approved maintenance schedule throughout the term of this Agreement. Failure to maintain the facility according to the maintenance schedule is a breach of this Agreement and shall preclude the Grantee from receiving any future grants. 3. Update its maintenance schedule outlined in the Guidelines. Grantee must receive the prior written approval of the Department for updates to its maintenance schedule. E. The Department shall not be liable for any costs of maintenance, management, control or operation of the Project Area. F. The Project shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms. G. All Project Area facilities shall be maintained and operated with due regard to public safety and in accordance with all applicable laws, ordinances, and regulations. All contracts relating to the operation of the Project shall include a nondiscrimination and compliance clause as referenced on Article 6 (E.3). H. All concession agreements for operation of the Project shall provide the following: 1. Fees paid to the Grantee by the concessionaire for the operation and maintenance of the Project (usually a percentage of gross receipts) may only be for "reasonable REVISION 01/21/04 03SANLEANDROI 7