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corrections plan or plan amendments shall constitute approval of agreements or <br />contracts contained therein. <br />H. Criminal Penalties: Whoever embezzles, willfully misapplies, steals or obtains by fraud <br />any funds, assets, or property from a grant, whether received directly or indirectly from the <br />NCDOCC.IPP, shall be subject to prosecution under applicable law. Whoever knowingly <br />and willfully falsifies or conceals any material fact in any application for assistance <br />submitted pursuant to the State-County Criminal Tustice Partnership Act or in any record <br />required to be maintained pursuant to this contract, shall also be subject to prosecution. <br />L Continuation of Funding: The Grantee understands that the awarding of any NCDOCCJPP <br />grant in no way assures or implies continuation of funding beyond the project duration <br />indicated on the grant awazd contract. <br />J. Waiver: It is agreed that the Grantor's failure to insist upon the strict performance of any <br />provision of this application or to exercise any right based upon a breach thereof; or the <br />acceptance of any performance during such a breach, shall not constitute a waiver of any <br />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 whole or <br />in pazt with grant funds in accordance with an approved budget and other requirements set <br />by the Grantor shall beheld at all times by the Grantee county and may not be reassigned. <br />The deed to such property shall beheld in the name of the Grantee county. Said property <br />is subject to transfer or divestment at the option of the NCDOCCJPP where its use for <br />project purposes is disallowed or discontinued. The proceeds of any transfer or divestment <br />of property shall belong to the North Carolina Depaztment of Correction.. All items procured <br />with NCDOCCTPP grant fimds must be the property of the Grantee, not any of its employees <br />or contractors, The Grantee shall exercise due caution in the use, maintenance, protection, <br />and preservation of such property during the period of project use, <br />IfNCDOCCTPP funds are spent for an approved renovation project on rental property, the <br />Grantee is responsible for securing written agreements from the deed holder of the renovated <br />property stating the form in which the cost of said renovations will be repaid to the Grantee. <br />An example is waiver of lease or rental payments during the period in which the cumulative <br />amount of'such payments equals the cost of the renovation. <br />L. Selection of Facility Site: No grant fimds maybe expended for the purpose of purchasing, <br />constructing or remodeling a facility or locating a program unless all necessary local land use <br />ordinances and permits have been met and the facility approved for operation at the proposed <br />site by the appropriate governing body. If there are no local zoning ordinances in the <br />jurisdiction in which the proposed facility or program will be located, the Grantee must <br />report this to the NCDOCCJPP before any funds are expended, in order that a procedure for <br />gathering public input on the proposed facility or program can be put into place. <br /> <br />Page 3---.July 1, 2004 to June 30, 2005 <br />