W. Va. Code R. § 157-10-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 157-10-5 - Comprehensive Agreement

5.1. Prior to acquiring, constructing or improving a transportation facility, the project sponsors must enter into a comprehensive agreement with the Division. The comprehensive agreement must provide for:

5.1.a. Delivery of performance or payment bonds in connection with the construction of or improvements to the transportation facility, in the forms and amounts satisfactory to the Division;

5.1.b. Review and approval of the final plans and specifications for the transportation facility by the Division;

5.1.c. Inspection of the construction of or improvements to the transportation facility to ensure that they conform to the engineering standards acceptable to the Division;

5.1.d. Maintenance of a policy or policies of public liability insurance or self-insurance, in a form and amount satisfactory to the Division and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the transportation facility. However, in no event may the insurance impose any pecuniary liability on the State, its agencies or any political subdivision of the state. Copies of the policies must be filed with the Division accompanied by proofs of coverage;

5.1.e. Monitoring of the maintenance and operating practices of the sponsoring governmental entity by the Division and the taking of any actions the Division finds appropriate to ensure that the transportation facility is properly maintained and operated;

5.1.f. Itemization and reimbursement to be paid to the Division for the review and any services provided by the Division;

5.1.g. Filing of semi-annual financial statements in a level of detail approved by the Division;

5.1.h. The date of termination of the sponsoring governmental entity's duties and dedication to the Division; and,

5.1.i. That a transportation facility must accommodate all public utilities on a reasonable, nondiscriminatory and completely neutral basis and in compliance with W. Va. Code § 17-4-17b, as amended.

5.2. In the comprehensive agreement, the Division may agree to accept grants or loans from the sponsoring governmental entity, from time to time, from amounts received from the state or federal government or any agency or instrumentality of the state or federal government.

5.3. The comprehensive agreement must incorporate the duties of the sponsoring governmental entity and may contain any other terms and conditions that the Division determines serve the public purpose of the West Virginia Community Empowerment Transportation Act. Without limitation, the comprehensive agreement may contain provisions under which the Division agrees to provide notice of default and cure rights for the benefit of the sponsoring governmental entity and the persons specified in the comprehensive agreement as providing financing for the qualifying transportation facility. The comprehensive agreement may contain any other lawful terms and conditions to which the sponsoring governmental entity and the Division mutually agree.

5.4. Changes in the terms of the comprehensive agreement must be mutually agreed to in writing.

W. Va. Code R. § 157-10-5