20A - TIERRA DE LAS PAMPAS APR ADJ-AGMT

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2. PROJECT PROPOSAL CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the COUNTY'S determinations will be final and the COUNTY will control the use of the funds. CITY agrees that the funds will be used between December 19, 2007 and December 31, 2008 for development of the Tierra de las Pampas permanent exhibit at the Santa Ana Zoo. Notwithstanding Section 1 herein, CITY agrees to use any real or personal properly or equipment that is acquired or improved with the funds for its entire useful life for the purposes, as described herein, for which the funds were granted to CITY by COUNTY. CITY agrees to notify COUNTY promptly if it ceases to use such property or equipment for the purposes described herein at any time before the end of its useful life. CITY agrees to properly maintain, repair and keep in good working order all such property or equipment. CITY warrants that it will obtain and keep in full force and effect, during the term of this agreement and for the useful life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or other governmental approvals required for the project and for any services provided in or with property or equipment constructed, acquired or improved with the funds. CITY further agrees that lack of compliance constitutes grounds for COUNTY to pursue the remedies set forth in Section 14 of this Agreement and to reduce the level of payment that otherwise would be provided under Section 6 of the Agreement. Such reduction shall occur only as a result of action of the COUNTY Board of Supervisors. Before such reduction may be made, COUNTY shall provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. 3. MODIFICATION OF AGREEMENT TERMS The parties hereto agree that the terms agreed upon in Section 2 may be modified so long as the amount of the total grant is not increased or reduced and the basic goals and objectives of the project are not altered. However, no such modification shall be made without the prior written approval of the County Executive Officer or his designee. 4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS CITY agrees that its level of operation will be adequate to ensure maximum utilization by the public of the property, equipment, programs and/or services funded by this Agreement and that an opportunity to use and enjoy said property, equipment, programs and/or services shall be granted 2 20A-4