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Governor’s Office of Land Use and Climate Innovation– Extreme Heat and Community Resilience Program – Round 1
<br />Grant Number: LCI SPPD24132, City of San Leandro
<br />Page 24
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<br /> Exhibit D, Special Terms and Conditions
<br />F. Grantee must maintain an inventory record for grant-funded equipment
<br />purchased or built with funds provided under this Grant Agreement. In addition,
<br />items of grant-funded equipment or supplies that are prone to theft, loss, and
<br />misuse and may contain sensitive data (e.g., computers, printers, smartphones,
<br />tablets, cameras, GPS devices, etc.) must be inventoried. This equipment
<br />inventory record must be updated within mid-term reports and reports
<br />accompanying quarterly invoices, and upon request [reference reporting
<br />requirements section].
<br />17. Infrastructure
<br />A. Grantee must ensure all necessary rights of way, property ownership, or leases
<br />have been secured prior to construction for at least the useful life of the Project.
<br />Purchases of all real property required for the Project must be free and clear of
<br />liens, conflicting easements, obstructions, and encumbrances. Any property
<br />acquisition by Grantee must not involve eminent domain proceedings or threat
<br />of eminent domain proceedings. Grantee must record deed restrictions on
<br />Project property, as applicable.
<br />B. For any rights of way, real and personal property, leases, improvements, and
<br />infrastructure funded as a reimbursable direct cost of the Project, the Grantee,
<br />Partner, or public agency, as approved in writing by the LCI Grant Manager,
<br />must be the sole owner of the title or leasehold. Each site acquired or improved
<br />upon with funding provided under this Grant Agreement must remain
<br />permanently dedicated to the described use in the same proportion and scope
<br />as was in the Grant Agreement, unless LCI agrees otherwise in writing. If the
<br />ownership or use of the property changes to a use not in accordance with the
<br />Grant Agreement, Grantee may be required to reimburse the State in a manner
<br />determined by LCI.
<br />C. Grantee, Partner, or Subcontractor, as applicable, is obligated to continue
<br />operation and maintenance of the physical aspects of the Project for its full
<br />useful life, which, for the purpose of this Grant Agreement, includes any
<br />extensions of that life achievable by reconstruction, rehabilitation or
<br />enhancements, in accordance with the described use in the same proportion
<br />and scope as in the Grant Agreement, unless LCI agrees in writing. Grantee may
<br />be excused from its obligations for operation and maintenance of the Project
<br />site only upon written approval from LCI. The Project and its facilities must be
<br />maintained, supervised, and inspected by adequate and well-trained staff
<br />and/or professionals and technicians as the project reasonably requires.
<br />18. Debt Security
<br />Grantee will not use or allow the use of any portion of real property purchased
<br />solely with EHCRP grant funds as security for any debt.
<br />19. Force Majeure
<br />Neither the State nor Grantee will be responsible hereunder for any delay, default,
<br />or nonperformance of this Grant Agreement, to the extent that such delay, default,
<br />or nonperformance is caused by an act of God, weather, accident, enemy or
<br />hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or
<br />other casualty, or other contingencies unforeseen by the State or Grantee, its
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