S Grant Agreement NC Tobacco Trust Fund commission and Orange Co 01-22-09-4p

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pA~r- ~/2z1~ ? . y p ^ -Please return this copy to - Grant Number 2008-041-22 Clerk to the Board's office for PAF GRANT AGREEMENT BETWEEN THE N.C. TOBACCO TRUST FUND COMMISSION AND ORANGE COUNTY, NO,,R_ TH CAROLINA This Grant Agreement ("the Agreement") is entered into this ~~ of 2009 ("Effective Date") by and between the North Carolina Tobacco Trust Fund Commission ("the Commission"), an agency of the State of North Carolina organized pursuant to Article 75 of Chapter 143 of the N.C. General Statutes and Orange County, North Carolina, a local governmental entity with its principle place of business at 110 E. King St., Hillsborough, NC 27278 ("the Grantee") (together "the Parties" and each in the singular "the Party"). In consideration of mutual promises and such other valuable consideration as is set out in this Agreement, the Parties do mutually agree to the following: Section I. Term. This Agreement shall commence on the Effective Date and shall terminate on or before December 30, 2010 ("Termination Date") unless sooner terminated pursuant to this Agreement. Section II. Scone of the Grant. The purpose of this Grant is to fund equipment purchases and support the development of a regional shared-use food and agricultural processing facility to be located in Hillsborough, NC ("Project"). In performing this Project, the Grantee shall develop, perform and complete the work set out in the Project Scope of Services contained in Exhibit A. Exhibit A, which incorporates the Grantee's application for the Project, is expressly incorporated by reference and is made a part of this Agreement. The Grantee's application for the Project is therefore also incorporated by reference and made a part 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 shall first control, then provisions of Exhibit A, Scope of Services shall control, and finally the Grantee's application shall control. If the Grantee uses any of the funds disbursed from the Commission under this Agreement to grant funds to other entities as part of the Project ("Subgrantees"), it must require its Subgrantees to comply with certain reporting requirements of Section VII of this Agreement and certain record keeping provisions of Section VIII of this Agreement. Subgrantees must also comply with certain parts of Sections N, V, VII, VIII, IX, XII and XV of this Agreement as is provided for in those Sections. Section III. Changes in the Proiect 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 attached. The Grantee may not make changes to budgeted line items without first getting written authorization from the Commission. B. 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