Item 14 - Resolution and Master Agreement for State -Funded Transit Projects

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City of Santa Ana Master Agreement No. 64AO274 Page 15 of 26 contributions to third parties (other than RECIPIENT) shall be included if those contributions are incorporated into the PROJECT. (2) Once STATE has received the Credit as provided for above because RECIPIENT, or a sub -recipient, as applicable, has (a) ceased to utilize the PROJECT for the described intended public transportation purpose(s) for which STATE funding was provided and STATE has not consented to that cessation of services or (b) sold or transferred title to or control over PROJECT to another party (absent STATE approval for the continued transit operation of the PROJECT by that successor party under an assignment of RECIPIENT's duties and obligations), neither RECIPIENT, subrecipient, nor any party to whom RECIPIENT or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this AGREEMENT to continue operation of PROJECT and/or PROJECT facilities for those described public transportation purposes, but may then use PROJECT and/or any of its facilities for any lawful purpose. (3) To the extent that RECIPIENT operates and maintains Intermodal Transfer Stations as any integral part of PROJECT, RECIPIENT shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of STATE, RECIPIENT shall also authorize State -funded bus services to use those stations and appurtenances without any charge to STATE or the bus operator. This permitted use will include the placement of signs and informational material designed to alert the public to the availability of the State -funded bus service (for the purpose of this paragraph, "State -funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316). (4) Special conditions apply to any proposed sale or transfer or change of use as respects PROJECT property, facilities or equipment acquired with tax free State bond funds and RECIPIENT shall conform to those restrictions as set forth herein and in said bonds. G. Disputes STATE and RECIPIENT shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, RECIPIENT shall submit to the STATE's District Contract Manager or designee a written demand for a decision regarding the disposition of any dispute arising under this agreement. The District Contract Manager shall make a written decision regarding the dispute and will provide it to the fund RECIPIENT. The fund RECIPIENT shall have an opportunity to challenge the District Contract Manager's determination but must make that challenge in writing within ten (10) working days to the Mass Transportation Program Manager or his/her designee. [If the fund RECIPIENT challenge is not made within the ten (10) day period, the District Contract Manager's decision shall become the final decision of the STATE.] STATE and RECIPIENT shall submit written, factual information and supporting Revised December 23,2020