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<br />Management and Maintenance of Property
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<br />I. Although not an exhaustive list, none of the prohibited uses described in Exhibit ADRC - C,
<br />attached hereto and incorporated herein by this reference, shall be made of the REAL PROPERTY.
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<br />2. APPLICANT will use, manage and maintain, now and in the future, the REAL PROPERTY
<br />acquired, developed, landscaped, rehabilitated, or restored with federal Transportation Enhancement
<br />Activities funds (TEA Funds) allocated to APPLICANT, pursuant to terms and conditions of the Cooperative
<br />Agreement, dated March 25, 2003, attached hereto as Exhibit ADRC - D and incorporated herein by this
<br />reference, the approved APPLICATION, and this AGREEMENT. If there is any conflict between the
<br />documents, this AGREEMENT shall control first, the Cooperative Agreement second and the approved
<br />APPLICATION last. If APPLICANT fails to use, manage and maintain the REAL PROPERTY pursuant to
<br />the terms of this AGREEMENT, APPLICANT will be required to cure said noticed violation within thirty
<br />(30) calendar days of awareness of that violation. If APPLICANT fails to cure the violation within thirty (30)
<br />calendar days of awareness, or where the violation cannot reasonably be cured within thirty (30) calendar
<br />days, fails to begin curing such violation within that thirty (30) calendar day period, or fails to continue
<br />diligently to cure such violation until finally cured, such failure will be deemed as a default of this
<br />AGREEMENT Ifa default occurs, the TRANSPORTATION ENHANCEMENT PURPOSES will have been
<br />deemed violated and APPLICANT must comply with the requirements set forth in section 4 below.
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<br />3. All of the REAL PROPERTY, including all of the improvements made thereto, shall be
<br />subject to this AGREEMENT. APPLICANT shall notify STATE of any proposed sale, transfer, trade or
<br />taking by an exercise of the power of eminent domain of REAL PROPERTY by sending written notice to:
<br />State of California, Department of Transportation, Legal Division, 1120 N Street, (MS57) Sacramento, CA
<br />95814.
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<br />4. A. In the event of a default or a non-approved sale, transfer, or trade, APPLICANT shall
<br />reimburse STATE an amount either equal to (i) STATE'S total funding participation for the REAL
<br />PROPERTY including improvements made thereto, specifically Five Hundred Eighty Four Thousand Dollars
<br />($584,000.00) or (ii) STATE'S pro rata participation (determined to be 80.11%) in the acquisition of said
<br />REAL PROPERTY, including the improvements made thereto, measured by the subsequent fair market value
<br />at the time of default or non-approved sale, trade, or transfer, whichever is higher; or
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<br />B. If REAL PROPERTY is sold pursuant to a threat of or taken by an exercise of the power
<br />of eminent domain, in whole or in part, APPLICANT shall then reimburse STATE for REAL PROPERTY
<br />that is taken or sold, based upon STATE's pro rata participation (determined to be 80.11%) in the acquisition
<br />of said REAL PROPERTY, including the improvements made thereto, measured by the subsequent fair
<br />market value at the time of that sale or taking. Said sum shall be paid from the net property acquisition
<br />proceeds received by APPLICANT from any sale or taking of REAL PROPERTY.
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<br />TEA - ADRC
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