COMMONWEALTH OF MASSACHUSETTS SUBSIDY AGREEMENT This Subsidy Agreement has been issued by tlte otrtce otthe Comptroller under xi 5 CMR 2.00 tor subsidies or other legislatively mandated payments to a named Recipient lot a specified amount Note that Subsidies are very limited and must meet the requirements under non. gt! Sub wants and Subsidies Policy. Commonwealth ofM-ssachusetts Department: Mass-eh my; Department orTrunsporutiuo (DOT . Address: in Pl-u ?uite 5720 Hum MA all" Contuet Person: as clurlt Telephone: . Emlil: . Recipient Leg-I Nit-new" File with IRS): Rose Fiugeuld Kennedv Greenwuy Conservancy . Iss Kneelund 5047 Boston MA Cont-eti-erson: . Telephone: Total AmountoiSubtidy 9M . Approtimate Number or Payments To be Made: 3: Paymenttsi. Annch schedule it multiple payment will be made ursemrnt. etpl. Amounteirirtt Payment: 5 761 536 . Anticipated Date oi First Jlnulr)' "1.2m: Termination bate nf Subsidy Agreement . June so 2017. [Pnymenu can not be made aner esp on date or the "taunt or iunding titis Subsidy Agreement. Ii iront . budgetary funding be available only in the current fiscal yenr. schedule and any requirements tor payment Identin Addition-I Attachments to Subsidy Agreement that are incorporated by reierence: Massachusetts Department oi Tronspomt rt Su Agreement Reguirements amended nn 4/25/2016 . l. The Department and the Retipieut understand anti agree that pursuant to. |lntiie- - citation tor [\ufllorimuun rot Subsidy] ca :06 A2008., the Department is legislatively authorized to initiate a paymentts) oltunds to the nec'pient. Payments are subject to any conditions required by law as a prerequisite to payment, including any restrictions or condi 'ons specified by the Department as part ofihis Subsidy Agreement. Payments can not be made to the Recipient prior to the date that this Subsidy Agreement, including all relevant attachments, has been properly executed by nuihorized signatories or both parties in accordance with all relevant general or special laws and regulations and filed as prescribed by tlte omce orthe Comptroller. Notwithstanding the termination date of this Subsidy Agreement. the Recipient's obligations under Sections 2. and 3, shall survive the tertnination or this subsidy Agreement. The Rceipient specs to expend runds provided under this Subsidy Agreement in accordance all applicable redeml and state general and special laws and regulations and any restrietions or conditions specified by the Department by attachment to this Subsidy Agreement. Any actions arising out oithis Agreement shall be governed by the laws of the Commonwealth at Massachusetts, The Recipient may not use any funds provided or paid under this Subsidy Agreement ror any panisan political aetivity or to runlter the election or defeat orany candidate for public office. 3. Th: Reclplenl undcislands and Agnes lhul [he [he Slalc Auditor and file Cumpirollcr shall be entitled I0 copies of any programmatic or fiscal rtpom that verily compliance with. or are requtred as a condition to, receivtng fitnds under this Subsidy Agreement, or that are specified by attachment to this Subsidy Agreement. IN WITNESS WHEREOF, the and [he Recipient have caused this Subsidy Agreemem lo be by lhcir respective authorized officers, as oflhe lasl dale specified below: rm IZ/'Hjlt rNAHiIllv, mu I \l M'lu t-tm . ado/Aldo x: . to. (Sign-liar: Ind lie Mull B: AI Tim: mm Inn DAR \lusi Al \ant . Pollack Prim). . Jess Br It r' l'rlnl 'Hile and CFO l-rint lixgsullu litregtor . Amendment to the Massachusetts Department of Transportation Subsidy Agreement Requirements - Amended 4/25/2016 . payments to the Conservancy will be made by electronic ?md transfer on the 2536f each month as follows: October 2014-June July 2015- December 2016 - $165,633 January 201 7- June 201 7- $190,634 The amended total value of this subsidy agreement is $5,840,904 . The Conservancy is subject to the provisions of the Massachusetts open meeting Jaw (MGL Ch. 30A, ?18-25), except when meeting in executive session as permitted by subsection of Section 21 of Chapter 30A of the General Laws, or (ii) to discuss fundraising and non-govemmental revenue issues and opportunities, including but not limited to ?mdraising prospects, fundraising or grant agreements, or fundraising strategy. The Conservancy is also now subject to the Massachusetts Attorney General's Regulations Regarding Open Meetings, covered by 94 CMR 29.00. . The Conservancy is subject to the provision of the Massachusetts Public Records Law, which requires compliance with clause Twenty-sixth of Section 7 of Chapter 4 and Section 10 of chapter 66 of the General Laws, except with respect to documents pertaining to potential contributions and any donations received by the Conservancy from a private individual, corporation or any other private source. . Subject to reasonable restrictions and new guidelines to be developed in consultation with and with the consent of the Conservancy may develop additional programs and services designed to facilitate earned income opportunities and other strategic partnerships, including, but not limited to private receptions, concerts, and cultural exhibitions. . will require a full accounting of all sources and uses of revenue received from the use of the Greenway so as to ensure compliance with 23 USC 126 and other applicable Federal and state law. In particular, will require a full reporting on the use of state, and private ?mds used to operate the park, including (upon request) the salaries of staff, payments to vendors and copies of all contractual documents for vendors, regardless of funding source. . The Conservancy shall continue to develop a long term ?nancial plan that outlines how the operating income derived from can be replaced by revenue from other sources, as transitions to funding capital repairs of Greenway hardscape. This plan will include the possibility of a Business Improvement District and will also include other options to generate revenue. The plan is to be submitted in draft form to after which as discussion will take place prior to the Conservancy producing a ?nal plan. Ab This is to be a collaborative process designed to both reduce the ongoing operating ?mds commitment and to provide long term stability to the Conservancy. . For the duration of this subsidy agreement, will continue making other in-kind contributions (including of?ce space and utilities at 185 Kneeland) and the Conservancy and will continue to explore other opportunities to share responsibility for Greenway facility maintenance and management through in-kind contributions ?om in area; where has suf?cient expertise and resources. Such areas may include, but are not limited to basic horticultural maintenance, skilled trade work on built structures, and information technology. . Funds allocated to the Conservancy by under this subsidy agreement may only be used for horticulture and maintenance programs. Only staff assigned to and involved in the daily operations of the horticulture and maintenance program may be supported from ?mds. funds may not be used for any other purpose. . Funds allocated to the maintenance and horticultural program may be used to fund personnel salaries at a level comparable to that of equivalent OCR staff. The Conservancy will be required to fund the remaining salary from non-state ?mds. A9