HomeMy WebLinkAboutAgenda - 06-06-2017 - 8-e - Request for Funding Assistance - Eno River Association Clean Water Management Trust Fund Applications 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 6, 2017
Action Agenda
Item No. 8-e
SUBJECT: Request for Funding Assistance - Eno River Association Clean Water
Management Trust Fund Applications
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR)
ATTACHMENTS INFORMATION CONTACT:
1. Letters from the Eno River Association David Stancil, 245-2510
2. Location Map Kim Livingston, 245-2514
3. Iski Site Map Rich Shaw, 245-2511
4. Hobgood Site Map
5. Draft Letters of Funding Commitments
6. Orange County Grant Agreements
PURPOSE: To consider a request for matching funds from the Eno River Association for
Clean Water Management Trust Fund grant applications for the acquisitions of the Iski and
Hobgood properties.
BACKGROUND: The acquisition of conservation easements to protect highly important
natural and cultural resource lands in Orange County is a longstanding goal of the Board of
Commissioners, and is a priority of the Lands Legacy program. Since 2001, the County has
partnered with landowners and other entities to protect 2,244 acres of significant natural
areas and prime farmland with permanent conservation easements.
The Eno River Association submitted Clean Water Management Trust Fund grant
applications in February for two fee-simple acquisitions of lands along the Upper Eno River
corridor — the 56.31-acre Iski property, and the 22.66-acre Hobgood property. It is the intent
of the Eno River Association to have Orange County hold conservation easements on both
the Iski and Hobgood properties. The Association requests matching fund assistance from
Orange County for both acquisitions. The Eno River Association closed on the Iski Property
on May 15, 2017, and has the Hobgood Property under contract contingent on receiving all
necessary funding. The Hobgood property acquisition would also be augmented with an
additional 19-acre conservation easement donation by the landowner on farm property
across Highland Farm Road (please see Attachment 4).
The Iski Property is located on Lebanon Road in Cheeks Township, a short distance
downstream from the confluence of the East and West Forks of the Eno River. This
confluence and the Upper Eno River corridor north and west of Hillsborough, has long been a
top priority for conservation in the Lands Legacy Program. The site is just upstream of
Corporation Lake, near Duke Forest and other Orange County conservation lands. The Iski
property is entirely forested and has two small sheds, but is otherwise undeveloped. The
property contains over one-mile of stream frontage, of which 3,600-feet are on the Eno River
2
itself, and 2,200-feet are on tributaries of the Eno. There are a number of trails on the
property previously used by third parties for hiking and fishing and some motorized vehicle
trail riding. The Eno River Association plans to maintain the property as conservation open
space and will continue to make it available for public use, but will eliminate the use of
motorized vehicles on the trails.
The Hobgood Property, owned by Sam and Lynn Hobgood, is located on both sides of
Highland Farm Road, Hillsborough (Cheeks Township). The property is mostly wooded and
completely undeveloped. The 22.66-acres on the south side of the road, which would be
purchased by the Eno River Association with the requested grant and matching funds,
contains two subdivision lots. The Hobgood Property, which is already under contract with
the Eno River Association, has 800-feet of frontage on the east side of the East Fork Eno
River. This property is significant as it is adjacent to 180-acres directly across the river owned
by the Eno River Association, known as the Confluence Natural Area. Orange County
already holds a conservation easement on 100-acres of the Confluence Natural Area
between the East and West Forks of the river. The Hobgood Property would become part of
that natural area scheduled to open to the public for passive recreation in spring 2018.
The Hobgood land on the north side of Highland Farm Road, which includes the additional
conservation easement donation, lies on both sides of the East Fork Eno River and stretches
almost all the way up to Lake Orange. The 19-acre donation easement, consisting of 3,700-
feet of linear stream frontage, will include the 100-year flood plain on both sides of the river.
Both the Iski and Hobgood properties are located on a stretch of the Eno River classified by
the NC Department of Water Resources as Water Supply II, High Quality Waters, Nutrient
Sensitive Waters, and as Drinking Water Assessment Area Susceptibility Rating of Higher.
Both sections of the river are classified by the State's Natural Heritage Program as the Eno
River Aquatic Habitat due to the presence of rare and endangered species.
The Eno River Association has secured matching funds for both projects from the City of
Raleigh's Watershed Protection Program (Upper Neuse Clean Water Initiative). Draft letters
to the Clean Water Management Trust Fund are attached that would express the County's
commitment to providing the funding assistance requested. Grant agreements addressing
the terms of the funding for each project are attached.
FINANCIAL IMPACT: The Iski Property purchase price was $337,860. The value was
determined by an appraisal by Kirkland and Associates. The total project cost including
transaction costs is $353,970. Orange County's proposed share is $63,655.
The Eno River Association proposes the following funding sources for the Iski property:
Orange County (Lands Legacy) $ 63,655 (18%)
Eno River Association 62,029 (17%)
City of Raleigh (Upper Neuse Clean Water Initiative) 69,830 (20%)
Clean Water Management Trust Fund 158,456 (45%)
$ 353,970
The Hobgood Property purchase price is $350,000 which is $10,000 below the value
determined by an appraisal by Kirkland and Associates. The total project cost including
transaction costs is $377,890. Orange County's proposed share is $121,200.
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The Eno River Association proposes the following funding sources for the Hobgood property:
Orange County (Lands Legacy) $ 121,200 (32%)
City of Raleigh (Upper Neuse Clean Water Initiative) 97,095 (26%)
Clean Water Management Trust Fund 138,250 (37%)
Triangle Community Foundation 21,345 (6%)
$ 377,890
The County's share of funds (up to $185,000 total) would come from existing funds budgeted
and appropriated in the Lands Legacy program (Land Legacy Fund). At this time, a letter of
intention of funding is needed — the actual funds would not be required to be transmitted until
a later date. A conservation easement on both properties will be a result of the funding
assistance, and would be forthcoming at a future meeting for approval.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable
to this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding
necessary for residents to provide shelter, food, clothing and medical care for
themselves and their dependents.
The protection of water quality for County residents, which would be augmented by these
conservation projects, is consistent with the intent of the economic self-sufficiency goal.
RECOMMENDATION(S): The Manager recommends the Board 1) approve the draft letters
indicating the County's intention to provide the matching funds requested and convey the
letters to the Eno River Association for transmittal to the Clean Water Management Trust
Fund; and 2) authorize the Manager to sign the attached grant agreements, subject to final
review by the County Attorney.
Attachment 1
4
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May 1, 2017
Mr. David Stancil
Department Director DEAPR
306A Revere Road
Hillsborough, NC 27278
Via Email to dstancil @orangecountync.gov
Re: !ski Conservation Project Grant Request
Dear Mr. Stancil,
On behalf of the Eno River Association I am writing to request funding from Orange County in
the amount of$63,655 to be used for the purchase by the Association of 56.31 acres of
conservation land in the Upper Eno watershed. At the County's option, the Eno River
Association will convey a conservation easement on the property to the County in exchange for
this grant funding.
Project Status
• The Eno River Association will purchase the property on May 15, 2017 for the appraised
value of$337,860. Additional project costs include survey and legal expenses of$6,000
and stewardship endowment funding of$10,110, bringing the total project cost to
$353,970.
• The Association will make a down payment at closing of$62,029 and sign a promissory
note to the sellers for$275,831, with interest at 5 percent. The sellers are in need of
immediate funds and willing to finance the project, giving the Association time to raise
the funds necessary to complete the project. The Association believes that the
conservation values of the project are significant enough to warrant closing on the
project in the seller's timeframe rather than risk the land being lost to subdivision
development.
• The Association has also applied for grant funding from the City of Raleigh through its
Upper Neuse Clean Water Initiative, and from the North Carolina Clean Water
Management Trust Fund.
• Funding from Raleigh has been approved in the amount of$69,830. Raleigh does not
require a recorded conservation agreement for its grants to land trusts such as the
Eno River Association.
5
• Funding from the Clean Water has been requested in the amount of$158,456, with
a decision expected in September. If approved, the state will hold a 300 foot
conservation easement on all river and stream frontage on the property.
• Timing of the County's award is critical in that Clean Water funding is awarded based
on a ranking of all project submissions. In addition to contributing to the protection
of the property, committed funding from Orange County by June 30, 2017 will add
points to the project's application score with the Clean Water, potentially lifting the
project over the cutoff for funded projects. The Trust Fund has applications in this
cycle for$65 million in projects and anticipates available funds to be around $25
million.
Funding Summary
Purchase Price $337,860
Survey(estimated) $5,000
Legal $1,000
Stewardship Funding $10,110
Total Project Cost $353,970
Grant Funding Requests Purpose Status
acquisition,survey,legal and closing,and Approved
City of Raleigh(UNCWI) $69,830 stewardship endowment
Orange County $63,655 acquisition Applied for
CWMTF $158,456 acquisition Applied for;Decision expected Sept 2017
Total Grant Funding Requests $291,941
Eno River Association $62,029 plus interest on promissry note at 5%
Total All Funding Sources $353,970
Project Significance
The property is located a short distance downstream from Orange County's conservation
easement focus area near the Confluence of the East and West Forks of the Eno River. It is just
upstream of Corporation Lake, near Duke Forest Lands and other Orange County's conservation
land. The addition of this project will expand water quality and habitat protection on the Eno:
• Linear Stream Frontage:
o Eno River 3,600-ft (1 side of the river (south side): avg. 1,000-ft width)
o Panthers Branch 1,200-ft (2 sides of the stream: avg. 800-ft width)
o Tributary Stream 1,000-ft (2 sides for% and 1 side for% of the stream: avg. 300-
ft width)
• The Eno River is classified by DWR as Water Supply II, High Quality Waters, Nutrient
Sensitive Waters and as Drinking Water Assessment Area Susceptibility- Higher
• Eno River frontage on the property is a Natural Heritage Program NEU/ Eno River
Aquatic Habitat with Element Occurrences of Fusconaia masoni, Strophitus undulates,
Villosa constricta, and Etheostoma collis
• The property includes 3.5 acres of wetlands
• The property is wooded and has two small sheds on it, but is otherwise undeveloped.
The Eno River Association plans to maintain the property as conservation open space.
2
6
Eno River Association
The Eno River Association is a nationally accredited land trust which has protected more than
7,130 acres along the Eno and its tributary streams in Orange and Durham counties. The
Association has focused much of its work on the creation and expansion of five public parks, but
also owns and manages conservation lands. In addition, the Association works with willing
landowners to protect their property while retaining ownership through the use of
conservation easement agreements.
The Eno River Association and Orange County have collaborated on a number of conservation
projects and currently co-hold three farmland conservation easements, with a fourth scheduled
to close on June 6.
Please let me know if you have questions about this request or need additional information.
We appreciate consideration of funding for this project by the county and look forward to
continuing our productive working partnership.
Sincerely,
Robin Jacobs
Executive Director
3
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May 1, 2017
Mr. David Stancil
Department Director DEAPR
306A Revere Road
Hillsborough, NC 27278
Via Email to dstancil @orangecountync.gov
Re: Hobgood Conservation Project Grant Request
Dear Mr. Stancil,
On behalf of the Eno River Association I am writing to request funding from Orange County in
the amount of$121,200 to be used for the purchase by the Association of 22.66 acres of
conservation land in the Upper Eno watershed. At the County's option, the Eno River
Association will convey a conservation easement on the property to the County in exchange for
this grant funding.
Project Status
• The Eno River Association has the property under contract for$350,000, which is
$10,000 less than appraised value. The contract is contingent upon obtaining funding
approval from grant sources, and includes a provision for donation of a 19-acre
conservation easement. This donation is, in turn, contingent upon the Association
closing on the 22.66 acres to be purchased. Additional project costs include survey and
legal expenses of$9,500 and stewardship endowment funding of$18,390, bringing the
total project cost to $377,890.
• The Association has also applied for grant funding from the City of Raleigh through its
Upper Neuse Clean Water Initiative, and from the North Carolina Clean Water
Management Trust Fund.
• Funding from Raleigh has been approved in the amount of$97,095. Raleigh does not
require a recorded conservation agreement for its grants to land trusts such as the
Eno River Association.
• Funding from the Clean Water has been requested in the amount of$138,250, with
a decision expected in September. If approved, the state will hold a 300 foot
conservation easement on all river and stream frontage on the property.
• Timing of the County's award is critical, in that Clean Water funding is awarded
based on a ranking of all project submissions. In addition to contributing to the
8
protection of the property, committed funding from Orange County by June 30,
2017 will add points to the project's application score with the Clean Water,
potentially lifting the project over the cutoff for funded projects. The Trust Fund has
applications in this cycle for$65 million in projects and anticipates available funds to
be around $25 million.
Funding Summary
Purchase Price $350,000 22.6 acres Additional 19-acre donated easement
Survey(estimated) $8,000 purchase and donated easement
Legal $1,500 purchase and donated easement
Stewardship Funding $18,390 purchase and donated easement
Total Project Cost $377,890
Grant Funding Requests Purpose Status
acquisition,purchase survey,legal and Approved
closing,and stewardship endowment for
City of Raleigh(UNCWI) $97,095 purchase
Orange County $121,200 acquisition
CWMTF $138,250 acquisition Applied for;Decision expected Sept 2017
donation survey,stewardship endowment
Triange Community Foundation $21,345 for donation,and staff time for donation Applied for;Decision expected in June
Total All Funding Sources $377,890
Project Significance
The 22.66 acres to be purchased lies on the northeast side of the East Fork Eno River. The Eno
River Association owns 180 acres directly across the river, known as the Confluence Natural
Area. Orange County holds a conservation easement on 100 acres of the Association's
Confluence property, as well as two conservation easements just downstream of this project.
The 19-acre easement donation area lies on both sides of the East Fork Eno River, and stretches
nearly all the way upstream to Lake Orange. It will include the 100-year flood plain on both
sides of the river. The addition of this project will expand water quality and habitat protection
on the East Fork of the river:
• Fee purchase linear stream frontage:
• 800-ft on East Fork Eno River(1 side of the river (north side): avg. 900-ft width)
• Donated easement linear stream frontage:
• 3,000-ft on East Fork Eno River (both sides of river: average 100-ft width)
• 700-ft on tributary stream (both sides of stream: average 150-ft width)
• The East Fork Eno River is classified as by DWR as Water Supply II, High Quality Waters,
Nutrient Sensitive Waters and as Drinking Water Assessment Area Susceptibility- Higher
• The East Fork Eno River frontage on the property is a Natural Heritage Program NEU/
Eno River Aquatic Habitat with Element Occurrences of Villosa constricta and Strophitus
undulatus
• There are three acres of wetlands on the property which have been called "unique" by
the NC Natural Heritage Program (verbal report -waiting for the written report)
Eno River Association
The Eno River Association is a nationally accredited land trust which has protected more than
7,130 acres along the Eno and its tributary streams in Orange and Durham counties. The
2
9
Association has focused much of its work on the creation and expansion of five public parks,
but also owns and manages conservation lands. In addition, the Association works with willing
landowners to protect their property while retaining ownership through the use of
conservation easement agreements.
The Eno River Association and Orange County have collaborated on a number of conservation
projects and currently co-hold three farmland protection conservation easements, with a fourth
scheduled to close on June 6.
Please let me know if you have questions about this request or need additional information.
We appreciate consideration of funding for this project by the county and look forward to
continuing our productive working partnership.
Sincerely,
Robin Jacobs
Executive Director
3
Attachment 2 10
Location Map
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Association
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Attachment 3 11
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12
Attachment 4
Property Map
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Attachment 5 13
ORANGE
mumn 00,
Now
Department of Environment,
Agriculture,Parks&Recreation
June 7, 2017
Ms. Nancy Guthrie
Clean Water Management Trust Fund
1651 Mail Service Center
Raleigh, NC 27699-1651
Ms. Nancy Guthrie,
On June 6, 2017 the Orange County Board of Commissioners agreed to the
County partnering with the Eno River Association on an application for funding
from the Clean Water Management Trust Fund for the acquisition of the Iski
Property.
The Board of County Commissioners authorized offering up to $63,800 in County
matching funds (from the Lands Legacy Fund) for the acquisition of the Iski
Property.
Thank you very much for your consideration.
Sincerely,
David Stancil
Director
FP I dnd CFt... FP t... FFS UR FF DIVISI
Orange County Department of Environment, Agriculture, Parks&Recreation
PO Box 8181, Hillsborough, NC 27278
Phone: (919) 245-2510 Fax: (919) 644-3351
14
ORANGE COUNTY
A
Department of Environment,
Agriculture,Parks&Recreation
June 7, 2017
Ms. Nancy Guthrie
Clean Water Management Trust Fund
1651 Mail Service Center
Raleigh, NC 27699-1651
Ms. Nancy Guthrie,
On June 6, 2017 the Orange County Board of Commissioners agreed to Orange
County partnering with the Eno River Association on an application for funding
from the Clean Water Management Trust Fund for the acquisition of the
Hob good Property.
The Board of County Commissioners authorized offering up to $121,200 in
County matching funds (from the Lands Legacy Fund) for the acquisition of the
Hob good Property.
Thank you very much for your consideration.
Sincerely,
David Stancil
Director
FP I dnd CFt... FP t... FFS UR FF DIVISI
Orange County Department of Environment, Agriculture, Parks&Recreation
PO Box 8181, Hillsborough, NC 27278
Phone: (919) 245-2510 Fax: (919) 644-3351
Attachment 6 15
ORANGE COUNTY GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement"), entered into this 6th day of June, 2017,by and between
Orange County("County") and The Association for the Preservation of the Eno River Valley, Inc. (a.k.a.
Eno River Association) ("Grant Recipient").
WHEREAS, County is a political subdivision of the State of North Carolina; and,
WHEREAS, Grant Recipient is a North Carolina not for profit corporation whose primary
mission is the conservation and preservation of the natural, cultural and historic resources of the Eno
River basin; and,
WHEREAS, the Grant Recipient was selected to receive a grant to support the public purpose of
protection of permanent open space,identified natural area, and water quality, contingent upon agreement
by the Grant Recipient and the County as to the terms of a conservation easement to be held by Orange
County on the property to be protected with the grant funds;
NOW THEREFORE, the County and the Grant Recipient, for the consideration and under the
conditions hereinafter set forth, agree as follows:
1. Approved Grant. Grant funds are provided for the project("Project") described in the Grant
Recipient's Grant Request("Application"), dated May 1, 2017 and incorporated by reference,
subject to this Agreement,.
2. Grant Award. Grant funds in an amount of sixty-three thousand, six hundred and fifty-five
dollars ($63,655)have been awarded by County and shall be released to the Grant Recipient for
the approved Project. The grant cannot be assigned or transferred without prior written approval.
3. Responsibilities of the Grant Recipient
A. Implementation. The Project shall be implemented in the manner described in the
Application. Time is of the essence in the implementation of the Project.
B. Use of Funds. Grant recipient shall not use the grant funds for any of the prohibited purposes
described in the Guidelines. The grant shall be utilized solely for its intended use, as detailed
in the Application.
4. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County its officers
and employees from any and all claims of actual injury, damage or loss to a person, or real or
personal property that results from or is in any way connected to the receipt and/or use and/or
expenditure of the grant funds.
5. Termination.
OC GenGA Jan 2017
16
A. In the event of any of the circumstances set forth below(hereinafter referred to as"default"),
the County may immediately terminate this Agreement:
i. Any fraudulent representation on a material matter related to securing and utilizing
grant funds under this Agreement.
ii. Failure to satisfactorily comply with any provision of this Agreement or any term of
the Grant Application as determined by the County in its sole discretion.
iii. Failure to adhere to the terms of applicable county, state, or federal laws,regulations,
or stated public policy.
B. In the event of default by the Grant Recipient, the County has the discretion to elect to
terminate this Agreement, in whole or in part and/or require the Grant Recipient to repay the
grant funds within thirty(30) days from written notice or allow the Grant Recipient the
opportunity to cure the default. This clause shall not be interpreted to limit the County's
remedies in law or equity.
6. Miscellaneous.
A. Governing Law. This Agreement shall be interpreted and governed in accordance with the
laws of the State of North Carolina and Orange County. Grant Recipient shall at all times
remain in compliance with all applicable local, state, and federal laws,rules, and regulations
including but not limited to all state and federal anti-discrimination laws,policies,rules and
regulations and the Orange County Anti-Discrimination Policy. Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this
Agreement without further obligation on the part of the County. This paragraph is not
intended to limit the definition of breach to discrimination. By executing this agreement
Grant Recipient affirms that Grant Recipient and any subcontractors of Grant Recipient are
and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2
of Chapter 64 of the General Statutes constitutes a breach of this Agreement. By executing
this Agreement, Grant Recipient certifies that Grant Recipient has not been identified, and
has not utilized the services of any agent or subcontractor, on the Iran divestment list created
by the State Treasurer pursuant to G.S. 147-86.58.
B. Status.Nothing contained in this Agreement shall be construed to create the relationship of
principal and agent, or employer and employee,between Grant Recipient and County. Grant
Recipient understands and agrees that it is not authorized to incur any expenses or any
liability whatsoever on behalf of the County and has no authority, express or implied, to
obligate or make representations on behalf of the County.
C. Entire Agreement and Signatures. The parties have read this Agreement and agree to be
bound by all of its terms, and further agree that it constitutes the complete and exclusive
Agreement between the parties unless and until modified in writing and signed by the parties.
This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the intent of the Parties to
comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66.
OC GenGA Jan 2017
17
IN WITNESS WHEREOF,the County and the Grant Recipient have signed this Agreement, effective
on the first above recorded.
For and on behalf of the Grant Recipient
Robin Jacobs, Executive Director
For and on behalf of Orange County Government
Bonnie Hammersley, Manager
OC GenGA Jan 2017
18
ORANGE COUNTY GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement"), entered into this 6th day of June, 2017,by and between
Orange County("County")and The Association for the Preservation of the Eno River Valley, Inc. (a.k.a.
Eno River Association) ("Grant Recipient").
WHEREAS, County is a political subdivision of the State of North Carolina; and,
WHEREAS, Grant Recipient is a North Carolina not for profit corporation whose primary
mission is the conservation and preservation of the natural, cultural and historic resources of the Eno
River basin; and,
WHEREAS, the Grant Recipient was selected to receive a grant to support the public purpose of
protection of permanent open space,identified natural area, and water quality, contingent upon the
closing of the property by the Grant Recipient and agreement by the Grant Recipient and the County as to
the terms of a conservation easement to be held by Orange County on the property to be protected with
the grant funds;
NOW THEREFORE, the County and the Grant Recipient,for the consideration and under the
conditions hereinafter set forth, agree as follows:
1. Approved Grant. Grant funds are provided for the project("Project") described in the Grant
Recipient's Grant Request("Application"), dated May 1, 2017 and incorporated by reference,
subject to this Agreement,.
2. Grant Award. Grant funds in an amount of one hundred and twenty-one thousand, two hundred
dollars ($121,200)have been awarded by County and shall be released to the Grant Recipient for
the approved Project. The grant cannot be assigned or transferred without prior written approval.
3. Responsibilities of the Grant Recipient
A. Implementation. The Project shall be implemented in the manner described in the
Application. Time is of the essence in the implementation of the Project.
B. Use of Funds. Grant recipient shall not use the grant funds for any of the prohibited purposes
described in the Guidelines. The grant shall be utilized solely for its intended use, as detailed
in the Application.
4. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County its officers
and employees from any and all claims of actual injury, damage or loss to a person, or real or
personal property that results from or is in any way connected to the receipt and/or use and/or
expenditure of the grant funds.
5. Termination.
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A. In the event of any of the circumstances set forth below(hereinafter referred to as"default"),
the County may immediately terminate this Agreement:
i. Any fraudulent representation on a material matter related to securing and utilizing
grant funds under this Agreement.
ii. Failure to satisfactorily comply with any provision of this Agreement or any term of
the Grant Application as determined by the County in its sole discretion.
iii. Failure to adhere to the terms of applicable county, state, or federal laws,regulations,
or stated public policy.
B. In the event of default by the Grant Recipient, the County has the discretion to elect to
terminate this Agreement, in whole or in part and/or require the Grant Recipient to repay the
grant funds within thirty(30) days from written notice or allow the Grant Recipient the
opportunity to cure the default. This clause shall not be interpreted to limit the County's
remedies in law or equity.
6. Miscellaneous.
A. Governing Law. This Agreement shall be interpreted and governed in accordance with the
laws of the State of North Carolina and Orange County. Grant Recipient shall at all times
remain in compliance with all applicable local, state, and federal laws,rules, and regulations
including but not limited to all state and federal anti-discrimination laws,policies,rules and
regulations and the Orange County Anti-Discrimination Policy. Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this
Agreement without further obligation on the part of the County. This paragraph is not
intended to limit the definition of breach to discrimination. By executing this agreement
Grant Recipient affirms that Grant Recipient and any subcontractors of Grant Recipient are
and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2
of Chapter 64 of the General Statutes constitutes a breach of this Agreement. By executing
this Agreement, Grant Recipient certifies that Grant Recipient has not been identified, and
has not utilized the services of any agent or subcontractor, on the Iran divestment list created
by the State Treasurer pursuant to G.S. 147-86.58.
B. Status.Nothing contained in this Agreement shall be construed to create the relationship of
principal and agent, or employer and employee,between Grant Recipient and County. Grant
Recipient understands and agrees that it is not authorized to incur any expenses or any
liability whatsoever on behalf of the County and has no authority, express or implied, to
obligate or make representations on behalf of the County.
C. Entire Agreement and Signatures. The parties have read this Agreement and agree to be
bound by all of its terms, and further agree that it constitutes the complete and exclusive
Agreement between the parties unless and until modified in writing and signed by the parties.
This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the intent of the Parties to
comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66.
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IN WITNESS WHEREOF,the County and the Grant Recipient have signed this Agreement, effective
on the first above recorded.
For and on behalf of the Grant Recipient
Robin Jacobs, Executive Director
For and on behalf of Orange County Government
Bonnie Hammersley, Manager
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