Orange County NC Website
of money furnished by the United States by way of assistance under the terms of this <br /> agreement . The Applicant furthermore agrees that payment by the applicant to the State <br /> and the United States of an amount equal to the amount of assistance extended under this <br /> agreement would be inadequate compensation to the State and the United States for any <br /> breach by the applicant of this agreement . The Applicant further agrees , therefore , that <br /> the appropriate remedy in the event of a breach by the applicant of this agreement shall <br /> be the specific performance of this agreement . <br /> E . Termination either for cause or for convenience requires that the project in question be <br /> brought to a state of recreational usefulness agreed upon by the State and the Director or <br /> that all funds provided by the National Park Service be returned . <br /> VII . RETENTION , OPERATION , MAINTENANCE , AND USE <br /> A . Purpose . The standards that apply to the retention , operation , maintenance , and use of <br /> properties and facilities acquired or developed with Fund assistance are contained in this <br /> Section . <br /> Be The applicant agrees to operate and maintain solely at its own expense , insofar as it is <br /> legally empowered to do so , for as long as they exist , the facilities and areas covered by <br /> this agreement . <br /> C . Retention and Use . Property acquired or developed with assistance from the Fund shall <br /> be retained and used for public outdoor recreation . Any property so acquired or <br /> developed shall not be wholly or partly converted to other than public outdoor recreation <br /> uses without the approval of the Director . Such approval will be given only if the <br /> conversion is in accord with the current Statewide Comprehensive Outdoor Recreation <br /> Plan that has been found by the Director to be adequate for the purpose of the Act and <br /> only upon such conditions as the Director deems necessary to assure the substitution of <br /> other recreation properties of at least equal fair market value and of reasonably equivalent <br /> usefulness , quality , and location . <br /> The above provisions do not apply to uses made of an assisted area or facility at the time <br /> of approval of assistance for the area or facility in question , when such uses were made <br /> known to the Director at the time of approval of assistance . <br /> D . Operation and Maintenance . Property acquired or developed with assistance from the <br /> Fund shall be operated and maintained as follows : <br /> 1 . The property shall be maintained so as to appear attractive and inviting to the <br /> public . <br /> 2 . Sanitation shall be kept at reasonable standards for public use . Fire prevention , <br /> life guard services , and similar activities shall be maintained in accordance with <br /> applicable State and local public health standards . <br /> Page - 9 - <br />