Operation and Use of Facility. A facility that will be constructed, remodeled or expanded using state grant funds must be maintained as a public library and provide free library service for a period of 20 years. Failure to maintain the facility exclusively as a public library or to provide free library service for the 20-year period will result in repayment of all or a portion of the grant funds. The 20-year period begins on the date of project closeout. If the facility is not maintained as a public library or free library service has not been provided for the 20- year period and release from the unconditional use requirement has not been requested and approved, the repayment schedule is as follows:
a) For each year that the facility is maintained as a public library, reduce the amount to be repaid by 5%, i.e., 1 year – 95% of the grant funds, 5 years – 75% of the grant funds, 10 years – 50% of the grant funds, etc.
b) If the facility is not maintained as a public library for an entire year, the amount to be repaid will be prorated based on the number of months the facility was not maintained as a public library, rounded to the next whole month. Release from the unconditional use requirement may be requested and will be granted if a situation arises that will provide a library facility to serve the same community that will result in a higher level of library service. The request shall be submitted in writing to the Director of the Division of Library and Information Services.
Operation and Use of Facility. A facility that will be constructed, remodeled or expanded using state grant funds must be maintained as a public library for a period of 20 years. Failure to maintain the facility exclusively as a public library for the 20-year period will result in repayment of all or a portion of the grant funds. The 20-year period begins on the date of project closeout. If the facility is not maintained as a public library for the 20-year period and release from the unconditional use requirement has not been requested and approved, the repayment schedule is as follows:
a) For each year that the facility is maintained as a public library, reduce the amount to be repaid by 5%, i.e., 1 year – 95% of the grant funds, 5 years – 75% of the grant funds, 10 years – 50% of the grant funds, etc.
b) If the facility is not maintained as a public library for an entire year, the amount to be repaid will be prorated based on the number of months the facility was not maintained as a public library, rounded to the next whole month. Release from the unconditional use requirement may be requested and will be granted if a situation arises that will provide a library facility to serve the same community that will result in a higher level of library service. The request shall be submitted in writing to the Director of the Division of Library and Information Services.
Operation and Use of Facility. (a) The Corporation shall have the exclusive use and possession of the Facility during the term of this Lease Agreement without hindrance by the Issuer and shall have the exclusive right and responsibility for the management, direction, control and operation of the Facility.
(b) The Corporation will cause the Facility to be operated in such a manner that would continue to qualify the Facility as a “facility” for which bonds could be issued under the Act at the time of the issuance of the Bonds. The Facility shall not be used in any manner or to any extent that causes or may cause the interest on the Tax-Exempt Bonds to be includable in gross income for purposes of federal income taxation.
(c) The Facility shall not be used for sectarian instruction or study or as a place of devotional activities or religious worship or as a facility used primarily in connection with any part of the program of a school or department of divinity for any religious denomination or for the training of ministers, priests, rabbis or other similar persons in the field of religion. The foregoing restrictions, however, shall not be construed to prevent the Corporation from (i) maintaining a nondenominational chapel, (ii) conducting education programs on any subject with one or more institutions, whether or not sectarian, or (iii) implementing pastoral care programs of the kind permitted or provided by senior housing and health care facilities generally.
(d) The Corporation shall comply with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements of all federal, state, local and other governments or governmental authorities, now or hereafter applicable to the manner of use or condition of the Facility, or otherwise. The Corporation shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of, or be imposed as a result of, the failure of the Corporation to comply with this Section. Notwithstanding any provision contained in this Section, however, the Corporation shall have the right, at its own cost, expense and risk, to contest or review by legal or other appropriate procedures the validity or legality of any such governmental statute, law, ordinance, order, judgment, decree, regulation, direction or requirement, and during such contest or review the Corporation’s noncompliance therewith shall not constitute an Event of Default hereunder.
Operation and Use of Facility. Section 5.1 Maintenance and Operation of the Facility 10 Section 5.2 Inspection of Facility and Borrower's Books and Records 11
