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DENR CONTRACT NO.P06038 DUNS Number:809785280 CFDA No:15.916 E. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. VII. RETENTION. OPERATION, MAINTENANCE AND USE A. Purpose: The standards that apply to the retention, operation, maintenance, and use of properties and facilities acquired or developed with Fund assistance are contained in this Section: . B. The applicant agrees to operate and maintain solely at its own expense, insofar as it is legally empowered to do so, for as long as they exist, the facilities and areas covered by this agreement. C. Retention and Use: Property acquired or developed with assistance from the Fund shall be retained and used for public outdoor recreation. Any property so acquired or developed shall not be wholly or partly converted to other than public outdoor recreation uses without the approval of the Director. Such approval will be given only if the conversion is in accord with the current Statewide Comprehensive Outdoor Recreation Plan that has been found by the Director to be adequate for the . purpose of the Act and only upon such conditions as the Director deems necessary to assure the substitution of other recreation properties of at least equal fair market. value and of reasonably equivalent usefulness, quality, and location. The above provisions do not apply to uses made of an assisted area or facility at the time. of approval of assistance for the area or facility in question, whensuch uses were made known to the Director at the time of approval of assistance. D. Operation and Maintenance: Property acquired or developed with assistance from the Fund shall be operated and maintained as follows: 1. The property shall be maintained so as to appear attractive and inviting to the public. 2. Sanitation shall be kept at reasonable standards for public use. Fire prevention, life guard services, and similar activities shall be maintained in accordance with applicable State and local public health standards. 3. Properties shall be kept reasonably safe for publiC use. Fire prevention, life guard services, and similar activities shall be maintained at levels reasonable to prevent loss of the lives of users. 4. Buildings, roads, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime, so as to prevent undue deterioration and not to discourage public use. 5. The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility. E. Availability to Users: Property acquired or developed with assistance from the Fund . shall be open to entry and use by all persons, regardless of race, color, creed, F-4- Page 9 of 14