2015-439 OPT - FY2016 5311 Nonurbanized area public transportation grant

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(b) Contractor fully recaptures all costs related to the incidental use from the non-transit public entity or private entity; (c) Contractor uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and (d) Private entities pay all applicable excise taxes on fuel. f. Title to Vehicles. The Certificate of Title to all vehicles purchased under the Approved Budget for this Project shall be in the narne of the Contractor. The If Public Transportation DMsion shall be recorded on the Certificate of Title as first lien-holder. In the event of project termination or breach of contract provisions, the Contractor shall, Upon written notification by the Department, surrender Project equipment and/or transfer the Certificate(s) of Title for Project equipment to the Department or the Department's designee. 9. Encurnbrance-of-Project Property, The Contractor agrees to maintain satisfactory continuing control of Project property as follows: (1) Written Transactions, The Contractor agrees, that it will not execute any transfer of title, lease, lien, pledge, rnortgage, encumbrance, third party contract, subagreernent, 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 and State interest in that Project property, (2) Oral Transactions. The Contractor agrees that rt will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions. The Contractor agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Contractor's continuing corntrol of the use of Project property. h. Transfer of Project Property. The Contractor understands and agrees as follows: (1) Contractor Regues , The Conti-actor may transfer any Project property financed with Federal assistance authorized under 49 U.S,C. chapter 53 to a local governmental authority to be used for any public purpose with no further obligation to the Federal Government, provided the transfer is approved by the Federal Transit Administrator and conforms with the requirements of 49 U&C, §§ 5334(h)(1) through 5334(h)(3). (2) Federal/State Government Direction, The Contractor agrees that the FederMall or State Government may direct the disposition of, and even require the Contractor to transfer title to any Project property financed with Federal/ estate assistance under this Agreement. (3) Leasing P,roiect Property to Another Party, (a) General. Prior to entering: into any third party contract for leasing Project property to another party, the Contractor agrees to obtain approval from the Department, If the Conti-actor leases any Project property to another party, the Contractor agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project property appropriately, through a written lease between the Contractor and lessee. The Contractor agrees to use the standard lease agreement form provided by the Department and to provide a copy of the signed, executed lease agreement to the Department. In Updated 9/17/10 Page 22 of 35