Agmt 2004 State Dept of Boating and Waterways

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L~ Exhibit A ARTICLE 1 -DEFINITIONS A. "Account": An interest bearing account to be established by the Grantee for the deposit of Grant funds; such account is to be designated the "Boating Grant -San Leandro Marina Boat Launching Facility Development Fund" which shall reflect all receipts and expenditures of grant funds. B. "Budget Act": The Legislature enactment of a budget in support of on-going programs (appropriations) in accordance with the provisions of Section 12 or Article IV of the ^ Constitution of the State of California. C. "Commission": The Boating and Waterways Commission. D. "Date of Acceptance of the Project": The date specified on the Project Completion Certification and which denotes the beginning of the Twenty (20) year portion of the Grant term in accordance with Article 3 (A) of this Agreement. E. "Department": The Department of Boating and Waterways. F. "Grant": Funds provided pursuant to Harbors and Navigation Code section 72.5 to finance all or part of the Project Costs. G. "Grantee": The Entity identified in Exhibit B (Feasibility Report). H. "Project": The construction, improvement, acquisition, or maintenance of small craft launching facility described in Exhibit B. I. "Project Area": The real property, and improvements thereto, identified in Exhibit B, within which the Project will be undertaken. J. "Project Completion Certification": A fully executed Notice of Completion, or equivalent, which states the Grantee has accepted the Project as complete on a specific date. K. "Project Costs": Management, design, material and construction costs that are incurred by the Grantee for the purpose of completing the Project. Project costs incurred: 1. For indirect or overhead charges may be reimbursed up to the combined maximum budget for Engineering, Inspection and Permits Costs as identified in Exhibit B (Feasibility Report -Cost Estimate Table), and 2. Shall not include any expenses prior to the effective date of this Agreement. ARTICLE 2 - GRANTEE'S WARRANTIES A. Grantee warrants that the obligation created by this Agreement will not create an indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the Constitution of the State of California. B. Grantee warrants that it has title to, or adequate interests in, the Project Area. Adequate interests include, but are not limited to, the following: REVISION 01/21/04 7 03SANLEANDR01