Common use of Use, Maintenance, Repair and Alterations Clause in Contracts

Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year.

Use, Maintenance, Repair and Alterations. The Public Entity Grantee shall not, without the written consent of MnDOT the State and the Commissioner, (i) permit or allow the use of any of the property improved with these grants funds (the Real Property Property) for any purpose other than in conjunction with or for the purposes specified in Section 2.04operation of a county highway, county state-aid highway, town road, or city street or for other uses customarily associated therewith, such as trails and utility corridors, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04section (i), (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity Grantee fails to maintain the Real Property in accordance with this Section, MnDOT the State may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity Grantee irrevocably authorizes MnDOT the State to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT the State shall be at its sole discretion, and nothing contained herein shall require MnDOT the State to take any action or incur any expense and MnDOT the State shall not be responsible, or liable to the Public Entity Grantee or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT the State pursuant to this Section shall be due and payable on demand by MnDOT the State and will bear interest from the date of payment by MnDOT the State at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year.

Use, Maintenance, Repair and Alterations. The Public Entity Grantee shall not, without the written consent of MnDOT the State and the Commissioner, (i) permit or allow the use of any of the property improved with these grant funds (the Real Property Property) for any purpose other than the purposes specified in Section 2.04conjunction with or for nonmotorized transportation, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04section (i), (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity Grantee fails to maintain the Real Property in accordance with this Section, MnDOT the State may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity Grantee irrevocably authorizes MnDOT the State to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT the State shall be at its sole discretion, and nothing contained herein shall require MnDOT the State to take any action or incur any expense and MnDOT the State shall not be responsible, or liable to the Public Entity Grantee or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT the State pursuant to this Section shall be due and payable on demand by MnDOT the State and will bear interest from the date of payment by MnDOT the State at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year.