Common use of Warranty for OHV use Clause in Contracts

Warranty for OHV use. (1) The Applicant shall warrant that the acquired property will be used for OHV Recreation, (2) With the exception of federal agencies, the Applicant shall cause to be inserted in the acquisition deed or other recorded transfer of title document a condition that the property shall be used for OHV Recreation purposes as defined in these Regulations and that the State of California is granted Power of Termination pursuant to California Civil Code Section 885.010 et seq. providing that, in the event the property is not used for OHV Recreation, title to the property shall be transferred to the State of California. (3) Federal agencies, to the maximum extent consistent with federal law, shall use and manage the property for OHV Recreation in accordance with the controlling Federal Agency’s land use plan; if the property is not used for the purpose of OHV Recreation, the Federal Agencies shall use reasonable efforts to request appropriations necessary to reimburse the State its pro-rata share of the acquisition costs of the property. (4) Funds awarded for acquisition shall only be released into an escrow account established for the acquisition. Applicant shall submit all acquisition documentation, including the escrow instructions, to the OHMVR Division for review prior to close of escrow. OHMVR Division shall have no obligation to release grant funds unless the acquisition transaction conforms to these regulations.

Warranty for OHV use. (1) The Applicant shall warrant that the acquired property will be used for OHV Recreation, (2) With the exception of federal agencies, the Applicant shall cause to be inserted in the acquisition deed or other recorded transfer of title document a condition that the property shall be used for OHV Recreation purposes as defined in these Regulations and that the State of California is granted Power of Termination pursuant to California Civil Code Section 885.010 et seq. providing that, in the event the property is not used for OHV Recreation, title to the property shall be transferred to the State of California. (3) . Federal agencies, to the maximum extent consistent with federal law, shall use and manage the property for OHV Recreation in accordance with the controlling Federal Agency’s land use plan; if the property is not used for the purpose of OHV Recreation, the Federal Agencies shall use reasonable efforts to request appropriations necessary to reimburse the State its pro-rata share of the acquisition costs of the property. (43) Funds awarded for acquisition shall only be released into an escrow account established for the acquisition. Applicant shall submit all acquisition documentation, including the escrow instructions, to the OHMVR Division for review prior to close of escrow. OHMVR Division shall have no obligation to release grant funds unless the acquisition transaction conforms to these regulations.