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City of Eugene/ODOT <br /> Misc. Contracts & Agreements No 24796 <br /> Cross Ref. Master Certification Agreement 24651 <br /> 17. Agency shall, upon completion of Project and as a condition to this Agreement, <br /> complete and file with the appropriate County Clerk, an Acknowledgment of Federal <br /> Assistance, which is attached hereto as Exhibit B, and by this reference is made a <br /> <br /> . part hereof. Agency shall provide confirmation of this filing by forwarding to the <br /> State's Region 2 Manager a conformed copy of the recorded Exhibit B. By means of <br /> said acknowledgment, alien shall be established against said property and assets <br /> subject to the satisfaction of Agency's financial obligations, the continued use of <br /> said property for public purposes, and the maintenance of the facility or service at a <br /> level consistent with normal depreciation and/or demand. State's interest in said <br /> property is proportional to the federal and state participation in Project. Agency will <br /> be ineligible to receive any Enhancement funds while in default of conditions <br /> underlying the lien. <br /> 18. Agency shall, at its own expense, maintain and operate the Project upon completion <br /> and throughout the useful life of the Project at a minimum level that is consistent <br /> with normal depreciation and/or service demand. State and Agency agree that the <br /> useful life of this Project is defined as twenty (20) years. State may conduct periodic <br /> inspections following the execution of this Agreement to verify that Project is being <br /> properly maintained and continues to serve the purpose for which Enhancement <br /> funds were provided. <br /> 19. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, <br /> shall assume sole liability for Agency's breach of any federal statutes, rules, <br /> program requirements and grant provisions applicable to the federal funds, and <br /> shall, upon Agency's breach of any such conditions that requires the State to return <br /> funds to the FHWA, hold harmless and indemnify the State for an amount equal to <br /> the funds received under this Agreement; or if legal limitations apply to the <br /> indemnification ability of Agency, the indemnification amount shall be the maximum <br /> amount of funds available for expenditure, including any available contingency funds <br /> or other available non-appropriated funds, up to the amount received under this <br /> Agreement. <br /> 20. This Agreement, and the Local Agency Certification Program (Certification Program) <br /> Agreement No. 24651, -and all and the attached exhibits constitutes the entire <br /> agreement between the Parties on the subject matter hereof. There are no <br /> understandings, agreements, or representations, oral or written, not specified herein <br /> regarding this Agreement. No waiver, consent, modification or change of terms of <br /> this Agreement shall bind either party unless in writing and signed by both parties <br /> and all necessary approvals have been obtained. Such waiver, consent, <br /> modification or change, if made, shall be effective only in the specific instance and <br /> for the specific purpose given. The failure of State to enforce any provision of this <br /> Agreement shall not constitute a waiver by State of that or any other provision. <br /> 4 <br /> <br />