2018-139 OPT - NCDOT 2018 grant contract

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with the prohibitions of Section 401(b) of the Lead-Based Paint Poisoning Prevention Aot, 42 U.G.C. § 48]1(b). and the provisions of U.S. Housing and Urban Development reQu|sbpna. "Lead- based Paint Poisoning in Certain Residential Structures." Section 20. Real Property. For real property acquired with Federal assistance, the Grantee agrees as follows: a. Land Acquisition. The Grantee agrees to oonnpk/ with 49 U.G.C. § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197O.os amended, 43U.S.C.0§4801eteeq.; and with U.G. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. [See, new U.S. [)(}T final rule, "Uniform Relocation Assistance and F{eo| Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24' 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in the cost of that real property. b. Covenant Assurinq Nondiscrimination. The Grantee agrees to include a covenant in the title ofthe real property acquired for the Project toaoaunenondieorirninationduringtheuaefu||ihsofthe Project. C. Recording Title to Real Property. Tn the extent required byFTA and the Department, the Grantee agrees to record the Federal and/or State's inbsxaat in title to naa| property used in connection with the Project and/or execute at the request of the Department any instrument or documents evidencing or related tothe State's interest in the Project's property. M\ Asa condition nfits participation ino Facility Project, theDeportnnentviUretainmsenunad interest in the Project for the estimated life of the Project, expected to be forty (40) years, following completion of the Project; or the prorated share of the original investment or current fair market value (the higher value of the two); whichever comes first. e. Department Approval of Changes in Real Property Ownership. The Grantee agrees that it will not dispose uf, modify the use of' or change the terms of the real property title, or other interest in the site and facilities used in the Project without prior written permission and instructions from the Department. e Disposal of Real Property. (1) |f useful life isnot attained, upon the sale nr disposition of any Project tsci|itv'theDepartnnent shall be entitled to a refund of the original state and/or federal investment or the state and/or federal prorated share of the current fair market value of the project facility, whichever is greater. (2) For the purpose of this Agreement, the term "any sale or disposition of the Project faci|ity" shall mean any sale or disposition of the facility for a use not consistent with purposes for which the state and/or federal share was originally granted pursuant to the Project Agreement, or for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into mnassignment and assumption agreement with the Grantee with respect to the Grantee's obligation under this Agreement or the Grant Agreement, so that the transferee becomes obligated as if the transferee had been the original party. Section 21. to the extent the Department determines otherwise inwriting, the Grantee agrees oafollows: a. Drafting, Review, and Approval of Construction Plans and Specifications. The Grantee agrees to submit drevvngo, designs, and/or description of work for construction' renovaiion, or facility improvement projects, including the purchase or construction of bus shelters to the Department for its review and approval prior to solicitation. b. . The Grantee agrees to record and report Minority-owned Business good faith efforts in accordance with N.C.G.G. 143-128.2/D. C. Supervision of Construction. The Grantee agrees to provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications. 05/27/2016 Page Z6of3h