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<br />H. Criminal Penalties: Whoever embezzles willfully misapplies steals or obtains by <br />fraud any funds, assets, or property from a grant, whether received directly or <br />indirectly from the NCDOCCJPP, shall be subject to prosecution under applicable <br />law. Whoever knowingly and willfully falsifies or conceals any material fact in any <br />application for assistance submitted pursuant to the State-County Criminal Justice <br />Partnership Act or in any record required to be maintained pursuant to this <br />contract, shall also be subject to prosecution. <br />I. Continuation of Fuadiag: The Grantee understands that the awarding of any <br />NCDOCCJPP grant in no way assures or implies continuation of funding beyond <br />the project duration indicated on the grant award contract. <br />J. Waiver: It is agreed that the- Grantors failure to insist upon the strict performance <br />of any provision of this application or to exercise any right based upon a breach <br />thereof, or the acceptance . of any performance during such a breach, shall not <br />constitute a waiver of any rights assigned to the Grantor under this application. <br />K. Title to Property: The title to all real or other property acquired or constructed in <br />whole or in part with grant funds in accordance with an approved budget and other <br />requirements set by the Grantor shall be held at all times by the Grantee county <br />and may not be reassigned. The deed to such property shall be held in the name of <br />the Grantee county. Said property is subject to transfer or divestment at the option <br />of the NCDOCCJPP where its use for project purposes is disallowed or <br />discontinued. The proceeds of any transfer or divestment of property shall belong <br />to the North Carolina Department of Correction. All items procured with <br />NCDOCCJPP grant funds must be the property of the Grantee, not any of. its <br />employees or contractors. The Grantee shall exercise due caution in the use, <br />maintenance, protection, and preservation of such property during the period of <br />project use. <br />If NCDOCCJPP funds are spent for an approved renovation project on rental <br />property, the Grantee is responsible for securing written agreements from the deed <br />holder of the renovated property stating the form in which the cost of said <br />renovations will be repaid to the Grantee. An example is waiver of lease or rental <br />payments during the period in which the cumulative amount of such payments <br />equals the cost of the renovation. <br />L. Selection of Facility Site: No grant funds may be expended for the purpose of <br />purchasing, constructing ~or remodeling a facility or locating a program unless all <br />necessary local land use ordinances and permits have been met and the facility <br />approved for operation at the proposed site by the appropriate governing body. ]f <br />there are no local zoning ordinances in the jurisdiction in which the proposed <br />facility or program will be located, the Grantee must report this to the NCDOCCJPP <br />before any funds are expended, in order that a procedure for gathering public input <br />on the proposed facility or program can be put into place. <br />Page 3 ---July 1, 2004 to June 30, 2010 <br />