Res 1980-071 - Laserfiche WebLink

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LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT General Provisions Part I - Definitions A The term "HCRS" as used herein means the Heritage Conservation and Recreation Service, United States Department of the I nteri or B The term "Director" as used herein means the Director of the Heritage Conservation and Recreation Service, or any representative lawfully delegated the authority to act for such Director C. The term "Manual" as used herein means the Heritage Conservation and Recreation Service Manual (Grants-in-Aid Series). D The term "project" as used herein means a single project, a consolidated project, a project element of a consolidated project or project stage which is subject to the project agreement. I E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obi igation, or requirement that it is to apply solely to the State. F The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary Part II - Continu ing Assu ranees The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project creates an obligation to maintain the property described in the project agreement consistent with the Land and Water Conservation Fund Act and the following requirements Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, communsurate at least with the Federal cost-share, in a participant's outdoor recreation It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location This replacement land becomes subject to Section 6(f)(3) protection The approval of conversion shall be at the sole discretion of the Secretary, or his designee Prior to the completion of this project, the State and the Director may mutually alter the area described in the project agreement and the dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided. I In the event the HCRS provides Land and Water Conservation Fund assistance for the acquIsition and/or development of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to other than public outdoor recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the State agrees to notify the Service of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The State further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Service, after the conversion of property takes place The provisions of this paragraph are also applicable to leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existance of provisions in such lease known and agreed to by the Service, and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. D The State agrees to comply with the policies and procedures set forth in the Heritage Conservation and Recreation Service (HCRS) Grants-in-Aid Manual Provisions of said Manual are incorporated into and made a part of the project agreement. E The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements. PWD 1790/78) Fe 5000 SHEET 1