HomeMy WebLinkAbout2019-256 DEAPR - Brumley Forest grant agreement i
ORANGE COUNTY GRANT AGREEMRNT I
THIS GRANT AGREEMENT("Agreement"),entered into this 18 day of February ,2019 ,by and
between Orange County("County")and Triangle Land Conservancy ("Grant Recipient").
WHEREAS,County is a political subdivision of the State of North Carolina;and,
WHEREAS,Grant Recipient is a North Carolina not far profit corporation whose primary
mission is the conservation and preservation of natural areas and wildlife habitat;and,
WHEREAS,the Grant Recipient was selected to receive a grant to support the public purpose of
protection of permanent open space and an identified natural area:contingent on receipt of remaining
necessary funds to purchase the property;and,
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 Jebruary 15,2019 and incorporated by
reference,subject to this Agreement,.
2. Grant Award.Grant funds in an amount of one hundred and nine thousand,two hundred
and sixty dollars($ 109,260 )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. Tfine is of the essence in the implementation of the Project.
E. 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,
S. Termination.
A. In the event of any of the circumstances set forth below(hereinafter referred to as"default'),
the County may immediately terminate this Agreement:
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L Any fraudulent representation on a material matter related to scouring and utilizing f
grant funds under this Agreement. I
H. Failure to satisfactorily comply with arty provision of this Agreement or any term of
the Grant Application as determined by the County in its sole discretion. j
iii. Failure to adhere to the terms of applicable county,state,or federal laws,regulations, II
or stated public policy.
8. 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(30j days from written notice or allow the Grant Recipient the
opportunity to cure the default.This clause shall riot 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 tithes
remain in compliance with all applicable local,state,and federal Iaws,rules,and regulations
including but'not lirnited 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 he 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 ter ms,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 electronlo signatures affixed hereto evidence the intent of the Parties to
comply with Article I I A and Article 46 of North Carolina General Statute Chapter 66.
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OC Gen GA Jan 2017
l�W ITNESS WHERCU�,the County and the Grant Recipient have signed this Agreement,effective
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on the first above recorded.
For and on behalf of the Grant Recipient �
Sand weitzer Exe ector
For an on behalf of Grange County Government
f
Bonnie Hammersley,Manager
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