Agmt 2004 State Dept of Boating and Waterways

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Exhibit A administrative charges" so as not to motivate the Grantee to turn over the operation and maintenance of the Project for purely profit considerations. 2. Fees paid to the concessionaire for use of the facility shall be no greater than those allowed in this Agreement. 3. The concessionaire shall operate the Project and all other improvements placed in the Project Area as a recreational boat launching facility. 4. The Project shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms. 5. All Department signs shall be kept permanently in place. ARTICLE 8 -BREACH OF AGREEMENT The Department through written notice may require the Grantee to remedy (to Department 's satisfaction) any breach of this Agreement within Ninety (90) days of the date of such notice. The Department may extend the time permitting remedy of the breach if the Grantee begins such remedy within the said period; however, if the Grantee fails to proceed with or complete any remedial action within the time allowed, and then the Department may take one of the following steps: ' 1. The Department may take any action to correct the breach. The Grantee shall be liable for all costs, including administrative costs, incurred in the course of correcting the breach; 2. The Department may require the Grantee to repay the Department for all Project Costs covered by the Grant; the Grantee shall make such repayment within One Hundred Eighty (180) days of the close of the fiscal year within which Department demands repayment. Repayment shall be determined by the Department on a prorated unexpired term basis. 3. In the event the Grantee adopts atime-of-day, speed zones, special-use area, or pollution control measures which restrict the Project Area, or results in its closure or partial closure to any form of recreational vessel, the Department may determine the percentage of boaters affected and, with the concurrence of the Commission, may require the Grantee to repay the Grant on a prorated unexpired term basis for that percentage of all Project Costs covered by the Grant. The Grantee shall make such repayment within One Hundred Eighty (180) days of the close of the fiscal year within which a Department demands repayment. Repayment shall be made according to a schedule determined by the Department after consultation with Grantee. REVISION 01/21/04 p 03SANLEANCR01 O