Agenda - 01-22-2009 - 4p - Laserfiche WebLink

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• 3 {Trout Number 2003-041-22 GRANT AGREEMENT BETWEEN THE N.C.TOBACCO TRUST FUND COMMISSION AND ORANGE COUNTY,NORTH CAROLINA A This Grant Agreement("the Agreement")is entered into this ur_ __. . 2008 ("Effective Date")by and bctvl.sen the North Carolina Tobacco TrmrtFind Commission(the Commission"),an agency o:tlhe State c f North Carolina organized pursuant to Article 75 of Clulpusr 143 ufihc N.C.General Statute;and Orange County,North Carolina,a local governmental entity with its principle place of business at 110 E.King St.,Hillsborough, NC 27778(the Grantee")(together"the Parties"and each in the singular"the Party"). In consideration of mutual pmmises and such other valuable consideration as is set oat in this Auk men!,Lhc:Partite du mutually amt.;Lu ibt following: Section I. Term. This Aureemenl shall ccsmrnenc s on Limo Effective 1Jalo rind shall nerruiutshe on or before December 30,2010("TcrrainEiion Detc")unless sooner terminated pursuant to this Agreement. Section Il. Scone of the Grant. The purpose of this Grant is to fund equipment purchases and support the development of is ngianal shahad-w a fluid and agricultural processing facility to be located in iIillshorough, IcC (Projeof'). In performing this Project,the Grantee shall develop,perform and complete the work set out in the Pmject Scope of Services contained in Exhibit A. Exhibit A, which incorporates the Grantee's application far the Project,is expressly incorporated by reference and is made a part of this Agreement The Grantee's application for the Prvjoot is thcrfurc also incorporated by refircnce and made a pan.of this Agreement. If there is a conflict among or between this Grant Agreement;the Project Scope of Services contained in Exhibit A,or the Grantee's application for the Project,provisions of this Grant Agreement;ball first control,then provisions of Exhibit A,Scope of S iccs shall control,and finally the Ciraniud's application shall control. If the Grantee uses any of the funds disbursed from the Commission under ibis Agreement to grout funds to other entities as part of the Project("Subgranteas"),it must require its Subwantccs to comply with eerlaim reporting requirements of Sc atom VI]of this Agrccanunl and certain record keeping provisions of Section NMI of this Agreement Subgra ntces must also comply with certain parts of Sections IV, V,MI,VIII,IX,XII and IR'of this Agreement as is provided for in those Sections. . Section W. Changes in the Protect A. The Commission must authorize any changes with respect to the Project in writing including any changes the Grantee requests be made to budgeted line items as provided in Exhibit A:ttinclted.T e Grantee may not make changes to budgeted Fore items without first getting written anthoriration from the Commission. 13. The Grantee shall immediately notify the Commission of any change in conditions or applicable law or any other event which may significantly affect its ability to perform the • 1 BOCC Meeting, January 22, 2009, Page 3/39