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"Treasurer") for the purpose of paying the "costs of capital facilities' including acquiring, constructing,
<br />reconstructing, rehabilitating, renovating, enlarging and otherwise Improving, equipping, and furnishing
<br />capital facilities for parks and recreation, all as defined and described in R.C. § 154.01(K). A portion of
<br />those Bonds proceeds will be used by ODNR to provide funding to the Grantee for the Project under this
<br />Agreement. Because ODNR is funding the ProJect with proceeds of those Bonds, ODNR requires that the
<br />Grantee make certain representations, warranties, and covenants (both affirmative and negative)
<br />concerning the Project and use of the grant funds, as more fully described or provided in this Agreement,
<br />in order to comply with federal and state laws, regulations, and rules relating to those Bonds and the
<br />projects funded with proceeds of those Bonds.
<br />NOW THEREFORE, for the purposes of providing the funds to Grantee pursuant to House Bill No. 687 of
<br />the 134th General Assembly, the parties hereto covenant and agree as follows:
<br />1. Funding Amount. ODNR agrees to provide the Grantee xxxxxxx Dollars ($xxxx.00), via qualifying
<br />advance and reimbursement, to be used toward the total cost ofthe Project. xxxx Dollars ($xxx.00)
<br />of the amount appropriated for the Project will be retained by CORR to cover administrative costs.
<br />In no event shall ODNR's payment to Grantee exceed xxxxx Thousand Dollars($M.00). Fundsforthis
<br />Project have been released by the Controlling Board as of and encumbered by Contract
<br />Encumbrance Record Number and are so certified by the Director of Budget and
<br />Management on . Obligations of the State are subject to the provisions of R.C.§126.07.
<br />Any funds provided under this Agreement that are not spent shall be returned in full to the State.
<br />2. Project Description. The Grantee shall use the grant funds for'xxxxx', a project to xnax, all as more
<br />fully described in Exhibit A attached hereto.
<br />3. Effective and Termination Dates. This Agreement shall commence on the date that R is signed by
<br />ODNR (the "Effective Date") and will, unless otherwise earlier terminated as provided herein, expire
<br />on the later of: (1)15 years from the date of the payment of the final Project reimbursement (or Project
<br />acquisition if the Project is solely for the acquisition of real property) ("Project Closeout"); or (ti) the
<br />date upon which the latest Bond issuance funding or refinancing of the Protect Is paid In full (the
<br />"term'). Grantee shall complete the Project on or before June 30th, 2024.
<br />4. No Restrictions of Record. Grantee hereby represents and warrants that there are not now, and there
<br />will not be, any restrictions of record or otherwise with respect to the Project, Including without
<br />limitation, any encumbrances, liens, or other matters, which would interfere with or otherwise Impair
<br />the use of the property as described in the Boundary Map attached hereto as Exhibit B, on which the
<br />Project will be located and developed as a public parks and recreation or conservation facility (the
<br />"Property") except for those restrictions permitted below. Grantee represents that it is the fee simple
<br />owner, or has a lease, exclusive easement, or cooperative use agreement with a term longer than the
<br />Term hereof, on the Property and that the only restrictions of record, or otherwise, with respect to
<br />the Property are: (a) all zoning regulations, restrictions, rules and ordinances, and other laws and
<br />regulations now in effect or hereafter adopted by any governmental agencies havingjudsdiction over
<br />the Property, (b) dedicated public rights-of-way Identified on Exhibit B, Boundary Map, and (c) the
<br />encumbrances, hems, and other matters identified in Exhibit C, Title Encumbrances. Grantee hereby
<br />represents and warrants that there are not now, and shall not rause there to be, any restrictions with
<br />respect to the Project or Property, including without limitation, any encumbrances, liens, or other
<br />matters, which would interfere with or otherwise impair the use of the Property as a public park,
<br />recreation facility, or conservation facility.
<br />Capital Improvement Page A-14 ODNR Legal
<br />Project Guide Rev. Aug. 10, 2022
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