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EXHIBIT 3 <br />6 <br /> <br />I. Use of Facilities <br /> 1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of <br />the property acquired or developed with the GRANT MONIES, for the duration of the <br />CONTRACT PERFORMANCE PERIOD. <br />2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the <br />GRANTEE shall use the property acquired or developed with grant funds under this contract <br />only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or <br />other disposition or change of the control or use of the property or of any interest in the <br />property to one not consistent with the grant purpose shall be permitted except as authorized <br />by the DEPARTMENT and the property shall be replaced with property of equivalent value <br />and usefulness as determined by the STATE. <br />3. The property acquired or developed may be transferred or assigned to another entity only if <br />the successor entity assumes the obligations imposed under this contract and only with the <br />prior approval of STATE. <br />4. Any real Property (including any portion of it or any interest in it, including any leases) may <br />not be used as security or collateral for any debt, loan or mitigation, without the prior written <br />approval of the STATE, provided that such approval shall not be unreasonably withheld as <br />long as the purposes for which the grant was awarded are maintained. Any such permission <br />that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, <br />nor does it waive STATE’s rights to enforce performance under the CONTRACT. <br />5. All real property (including any portion or interest in it, including any leases), or rights thereto, <br />acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, <br />rights, or covenants approved by the STATE. If the project property is taken by use of <br />eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount <br />of grant monies received from STATE or the pro-rated full market value of the real property, <br />including improvements, at the time of sale, whichever is higher. <br />6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify <br />STATE within 10 days of receiving the complaint. <br /> <br />J. Nondiscrimination <br />1. The GRANTEE shall not discriminate against any person on the basis of race, religious <br />creed, color, national origin, ancestry, physical disability, mental disability, medical condition, <br />genetic information, marital status, sex, gender, gender identity, gender expression, age, <br />sexual orientation, or military and veteran status in the administration and in the use of any <br />property or facility developed pursuant to this contract. <br />2. The GRANTEE shall not discriminate against any person on the basis of residence except to <br />the extent that reasonable differences in admission or other fees may be maintained on the <br />basis of residence and pursuant to law. <br />3. All facilities shall be open to members of the public generally, except as noted under the <br />special provisions of this project contract or under provisions of the enabling legislation and/or <br />grant program. <br />