Agmt 94 State of CA DOT Fund Transfer Agmt FTA04A39 Jefferson Ave grade sep

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Agreement No. FTA04A39 Sheet 9 of 13 proportionate resale proceeds are distributed pursuant to this Agreement) shall remain dedicated to public transit use in the same proportion and scope and to the same extent as described in this Agreement and related Bond Fund Certification documents if applicable. Equipment acquired as part of the Project, including rail passenger equipment and ferry vessels shall be dedicated to that passenger use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation or enhancements. Subsequent fund allocations for this Project, if any, will be identified by phase and will be described in detail in an Amendment to this document. SECTION 8. To the extent that RECIPIENT operates and maintains Intermodal Transfer Stations, RECIPIENT shall: maintain the station and its appurtenances, including, but not limited to, restroom facilities, in good condition and repair, and in accordance with high standards of cleanliness; upon request of the STATE, authorize state-funded bus service to use the station without any charge to the department in the placement of signs and informational material designed to alert the public to the availability of the state- funded bus service. (For the purpose of this section, "state-funded bus service" means any bus service funded pursuant to Public Utilities Code, Section 99316.) SECTION 9. RECIPIENT shall, for the purposes of any State bond funded right of way acquisition which will become a permanent part of the Project(such acquisitions exclude construction easements, property allocated to matching funds, and excess property purchased with State funds whose resale proceeds are returned or credited to STATE), maintain ownership of such Project property for a minimum of twenty years or until the bonds have matured, whichever occurs first, before transferring or selling such property, subject to the credits due STATE as provided in Article V, Section 10 herein below. SECTION 10. Except as otherwise set forth in this Section 10, STATE, or any assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit, at STATE's sole option, equivalent to the proportionate funding participation by STATE and other NON-RECIPIENT generated public funds towards Project acquisition or construction in the event that RECIPIENT ceases to utilize the Project for the intended public transportation purposes or sells or transfers title to or control over the Project. Such refund or credit to STATE shall not be required, subject to STATE approval of that intended use, if RECIPIENT dedicates the proceeds of such sale or transfer exclusively to STATE approved public transportation purposes which are also subject to this credit due STATE if subsequently sold or transferred or, in the case of proceeds attributable to NON- STATE, NON-RECIPIENT funding, such proceeds are returned to the funding entity or otherwise expended according to the funding agreement with such entity. STATE shall also be granted an acquisition credit for future purchases or