Agenda - 12-15-2020; 8-d - Acceptance of N.C. Land and Water Fund Grant – Draper Savage Foundation

Browse Search

6 THIS GRANT CONTRACT(the"Grant Contract"or"Contract")is made and entered into as of the Effective Date by and between the Fund and the Grant Recipient. The Fund and the Grant Recipient may hereinafter be referred to individually as a"Party"or collectively as the"Parties." WITNESSETH: WHEREAS,Grant Recipient has submitted to the Fund an application requesting a grant of funds (hereinafter the"Grant Application")to purchase some or all of that certain real property more particularly described on the attached Exhibit "A" (the "Property") and/or to establish a conservation agreement(s) thereon("Conservation Agreement"), as specified in Exhibit A. WHEREAS,the Fund is authorized by N.C.G.S. Chapter 14313,Article 2, Part 41 to acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses; to acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and drinking water supplies; to coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality; to restore previously degraded lands to reestablish their ability to protect water quality;to facilitate planning that targets reductions in surface water pollution;to finance innovative efforts, including pilot projects,to improve stormwater management,to reduce pollutants to improve water quality, and to research alternative solutions to the State's water quality problems;to provide buffers around military bases or for State matching funds for the Readiness and Environmental Protection Initiative;to acquire land that represents the ecological diversity of NC; and to acquire land that contributes to the development of a balanced State program of historic properties. WHEREAS,the Grant Recipient is a qualified applicant as defined in N.C.G.S. §14313-135.238(a). WHEREAS, the acquisition of the Property in fee simple and/or the acquisition of the Conservation Agreement(s) (the"Acquisition"or the"Project") shall be for the purposes and according to the schedule set out in said Exhibit A,the specific details of the Project being set forth thereon. The Project shall be implemented pursuant to the budget set forth on the attached Exhibit`B." WHEREAS,the Fund approved the Grant Recipient's application at its meeting on the Award date and is willing to make the Grant to the Grant Recipient pursuant to the terms and conditions set forth in this Grant Contract. WHEREAS,the Parties desire to enter into this Grant Contract and intend to be bound by its terms. NOW,THEREFORE,for and in consideration of the Grant,the mutual promises each to the other made, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties mutually agree as follows: 1. Grant Contract Documents. The Grant Contract consists of, and only of, the documents described below,which are hereinafter collectively referred to as the Grant Contract. In the case of conflict, specific and special terms, conditions and requirements shall control over general terms, conditions and requirements. Upon execution and delivery of the Grant Contract, including the execution of all the Exhibits that require execution, the Grant Contract shall constitute a valid and binding contract between the Parties, enforceable in accordance with the terms thereof.This Grant Contract constitutes the entire contract between the Parties,superseding all prior oral and written statements or contracts. Only changes deemed non-material Orange County,North Carolina(NCLWF 2020-048 Moorefields Estate) Final—November 30,2020 Page 2 of 27