Use of Project Property. The Recipient agrees to maintain continuing control of the use of Project property to the extent satisfactory to FTA. The Recipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the Project’s award period and used to support public transportation activities) for the duration of the useful life of that property, as required by FTA. Should the Recipient unreasonably delay or fail to use Project property during the useful life of that property, the Recipient agrees that it may be required to return the entire amount of the Federal assistance expended on that property. The Recipient further agrees to notify FTA immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Recipient has made in its Application or in the Project Description for the Grant Agreement or Cooperative Agreement for the Project.
Use of Project Property. The State Recipient agrees to use Project property for the purpose for which it was acquired under the period of performance of the Grant. State recipients acknowledge that the FMCSA may ensure that the purpose of the grant is being satisfied. State recipients acknowledge that FMCSA may request a copy of the State statute and procedures in determining whether a State is in compliance with its own State procedures, and to assist the FMCSA in determining the allocability, reasonableness, and allowability of costs. The Non-State Recipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period, beginning on the effective date, and used to support public transportation activities) for the duration of the useful life of that property, as required by FMCSA. Should the Recipient unreasonably delay or fail to use Project property during the useful life of that property, the Recipient agrees that it may be required to return the entire amount of the Federal assistance expended on that property. The Non-State Recipient further agrees to notify FMCSA immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Recipient has made in its Application or in the Project Description for the Grant Agreement or Cooperative Agreement for the Project.
Use of Project Property. The Recipient agrees that:
Use of Project Property. Grantee fully understands that the Property shall be used in a manner that is consistent with this Agreement and Article XV, Section 4(b) of the Oregon Constitution.
Use of Project Property. Grantee warrants that the land within the Project boundary described in the Application (Attachment B) shall be dedicated and used for a period of no less than 25 years from the completion of the Project. Xxxxxxx agrees to not change the use of, sell, or otherwise dispose of the land within the Project boundary, except upon written approval by OPRD. If the Project is located on land leased from the federal government, the lease shall run for a period of at least 25 years after the date the Project is completed. If the Project is located on land leased from a private or public entity, other than the federal government, the lease shall run for a period of at least 25 years after the date the Project is completed, unless the lessor under the lease agrees that, in the event the lease is terminated for any reason, the land shall continue to be dedicated and used as described in the Project Application for a period of at least 25 years after the date the Project is completed. Land acquired using Local Government Grant funds shall be dedicated, by an instrument recorded in the county records, for recreational use in perpetuity, unless OPRD or a successor agency consents to removal of the dedication.
Use of Project Property. The Recipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property, as required by FTA. Should the Recipient unreasonably delay or fail to use Project property during the useful life of that property, the Recipient agrees that it may be required to return the entire amount of the Federal assistance expended on that property. The Recipient further agrees to notify FTA immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Recipient has made in its Application or in the Project Description for the Grant Agreement or Cooperative Agreement for the Project.
Use of Project Property. 3.2.1 Subject to all the terms and conditions of this Agreement, Developer agrees to build a Project as follows:
A. On Parcel 3, Developer shall build five (5) residential buildings containing approximately 110 residential units plus a clubhouse and pool. The size of the residential units will range from approximately 583 to 1,166 square feet. Developer shall have sole discretion as to the size and mix of the units, so long as a density of at least 40 dwelling units per acre is achieved.
B. On Parcel 13, Developer shall build two (2) residential buildings containing approximately 44 residential units. The size of the residential units will range from approximately 583 to 1,166 square feet. Developer shall have sole discretion as to the size and mix of the units, so long as a density of at least 40 dwelling units per acre is achieved.
C. On Parcels 21, 22, 23 and 24, Developer shall build three (3) residential buildings containing approximately 66 residential units. The size of the residential units will range from approximately 583 to 1,166 square feet. Developer shall have sole discretion as to the size and mix of the units, so long as a density of at least 40 dwelling units per acre is achieved.
D. On Parcels 4 and 6, Developer shall build one mixed-use building on each parcel with approximately 4,615 square feet of restaurant/retail space on the ground floor, plus garage parking for 10-12 vehicles. The enclosed ground floor parking stalls will be reserved for 8 residential units located on the second floor. The residential units will range in size from approximately 770 to 1,130 square feet.
E. The design of the buildings will be in substantial conformance with the Site Plan Review and Tentative Map, as may be revised by the final map approval process.
F. All parking for residents will be provided off-street.
G. On June 22, 2015, the City and Agency approved the “Victorian Square Property Exchange Agreement” with Wolfhound Holdings, LLC. The terms of the agreement enable the Agency to acquire, through an exchange of real property, Parcel 23 (APN 032-134- 14) from Wolfhound Holdings, LLC. Parcel 23 is one of the Agency Residential Parcels. In accordance with Article 6.C.2 (“Agency’s Covenant to Wolfhound”) of the Victorian Square Property Exchange Agreement, the Agency and Developer agree that Developer is: (i) prohibited from using Parcel 23 (APN 032-134-14) for or in connection with the construction and operation of a nonrestricted gaming establishment...
Use of Project Property. The Recipient agrees to maintain continuing control of the use of Project property satisfactory to FTA.
Use of Project Property. The State Recipient agrees to use Project property for the purpose for which it was acquired under the period of performance of the Grant. State recipients acknowledge that the FMCSA may ensure that the purpose of the grant is being satisfied. State recipients acknowledge that FMCSA may request a copy of the State statute and procedures in determining whether a State is The Non-State Recipient agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, subagreement, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing Federal interest in that Project property.
Use of Project Property. The Grantee agrees to use Project property for appropriate Project purposes for the duration of the useful life of that property, as required by the State and set forth in the scope. Should the Grantee unreasonably delay or fail to use Project property during the useful life of that property, the Grantee agrees that it may be required to return the entire amount of the State assistance expended on that property. The Grantee further agrees to notify the State immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Grantee has made to CDOT.
