Agenda - 12-02-2013 - 6g - Laserfiche WebLink

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8 County now but commits to employ at least 90 people by December of 2016 . The Corporation can request that DOC verify the creation of the jobs stated above prior to December of 2016 , and release the Corporation from further job creation documentation. Upon the request of the Corporation,the County shall submit a request for an extension with DOC if such an extension is necessary to achieve the minimum employment number of 90 employees beyond the commitment date of December of 2016. In addition,the Corporation commits to employ persons whose household income is within low to moderate-income limits in sixty percent(60%)of all the jobs to be created at the Corporation's Facility. The Corporation agrees that if it fails to create 90 jobs prior to December of 2016 or verified by DOC, it will reimburse DOC $8,333.33 for each job not created. The Corporation also agrees that if the number of jobs created for prior low to moderate-income people at the Facility falls below fifty one percent (51%) of the total jobs stated above at the Facility, the entire grant amount will be due and payable to DOC by the Corporation. The Corporation's liability under this Agreement shall not j exceed the dollar amount of the grant made by the Department of Commerce. If unforeseen calamity, an Act of God or financial disaster is the cause of action under this section of the Agreement,the Corporation and the Applicant may appeal to DOC for an extraordinary modification of this responsibility. Such modification shall be at the discretion of the Secretary of the Department of Commerce. The requirement that persons of low to moderate income must hold a minimum of fifty-one percent(51%)of all jobs created cannot be waived. B. Each party shall keep and maintain books,records, and other documents relating directly to the receipt and disbursement of grant funds and fulfillment of this Agreement. C. Each party agrees that any duly authorized representative of the Applicant,DOC,the United States Department of Housing and Urban Development, and the Comptroller General of the United States shall,at all reasonable times,have access to and the right to inspect, copy, audit, and examine all of the books,records, and other documents relating to the grant and the fulfillment of the Agreement for a period of four(4)years following the completion of all close- out procedures respecting the CDBG funds, and the final settlement and conclusion of all issues arising out of the CDBG funds. D. Not withstanding anything herein to the contrary,the parties hereto acknowledge the due execution of the CDBG Grant Agreement between the Applicant and DOC and agree that any conflict between the provisions,requirements, duties,or obligations of this Agreement and the CDBG Grant Agreement shall be resolved in favor of the CDBG Grant Agreement. II. ENFORCEMENT A. If at the end of the approved project period the Corporation has failed to create the full number of job positions and low to moderate-income job positions presented in Agreed Actions Section I of this Agreement,then the Corporation will pay to the Applicant an amount calculated in the manner set out in Section I-A of this Agreement. B. This Agreement constitutes a legally enforceable contract and shall be governed and construed in accordance with the laws of the State of North Carolina. CDBG-ED LBC Section 12(1) New Employer(Job Creation)