Laserfiche WebLink
30 . A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any <br /> time in the event of the failure of the GRANTEE to fulfill any of its <br /> obligations under this PROJECT AGREEMENT . Prior to termination , the <br /> DEPARTMENT shall provide thirty (30 ) calendar days written notice of its <br /> intent to terminate and shall provide the GRANTEE an opportunity to <br /> consult with the DEPARTMENT regarding the reason (s) for termination . <br /> B . The DEPARTMENT may terminate this PROJECT AGREEMENT after <br /> three years if the Governor does not approve certification forward of the <br /> PROJECT funds . <br /> 31 . Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a <br /> refund , either in whole or in part , of the FRDAP funds provided to the GRANTEE <br /> for noncompliance with the material terms of this PROJECT AGREEMENT . The <br /> GRANTEE , upon such written notification from the DEPARTMENT , shall refund , <br /> and shall forthwith pay to the DEPARTMENT , the amount of money demanded <br /> by the DEPARTMENT. Interest on any refund shall begin the date that the <br /> GRANTEE was informed that a refund was required and continues to accrue <br /> until the date the refund and interest are paid to the DEPARTMENT . <br /> 32 . The GRANTEE shall comply with all federal , state and local regulations , rules <br /> and ordinances in developing this PROJECT . The GRANTEE acknowledges that <br /> this requirement includes compliance with all federal , state and local health and <br /> safety rules and regulations including all applicable building codes . The <br /> GRANTEE further agrees to include the requirements of this paragraph in all <br /> subcontracts made to perform this PROJECT AGREEMENT . <br /> 33 . The GRANTEE may subcontract work under this PROJECT AGREEMENT <br /> without the prior written consent of the DEPARTMENT'S Grant Manager. The <br /> GRANTEE agrees to be responsible for the fulfillment of all work elements <br /> included in any subcontract. It is understood and agreed by the GRANTEE that <br /> the DEPARTMENT shall not be liable to any subcontractor for any expenses or <br /> liabilities incurred under the subcontract and that the GRANTEE shall be solely <br /> liable to the subcontractor for all expenses and liabilities incurred under the <br /> subcontract. <br /> 34 . Land owned by the GRANTEE , which is developed or acquired with FRDAP <br /> funds , shall be dedicated in perpetuity as an outdoor recreation site by the <br /> GRANTEE for the use and benefit of the public as stated in section 62D-5 . 059( 1 ) <br /> of the RULE . Land under control other than by ownership of the GRANTEE , <br /> such as by lease , shall be dedicated as an outdoor recreation area for the use <br /> and benefit of the public for a minimum period of twenty-five (25 ) years from the <br /> completion date set forth in the PROJECT completion certificate . All dedications <br /> must be recorded in the county property records by the owner, or by the <br /> GRANTEE if the owner has given GRANTEE authority to do so . Such PROJECT <br /> DEP Agreement No. F8138, Page 7 of 10 <br /> DEP 55-231 (05107) <br />