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Agenda - 12-13-2022; 8-c - Proposed Eighteen-Month Extension of the State of North Carolina’s “Building Reuse Grant” Incentive for Industrial Connections & Solutions-ABB Inc.
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Agenda - 12-13-2022; 8-c - Proposed Eighteen-Month Extension of the State of North Carolina’s “Building Reuse Grant” Incentive for Industrial Connections & Solutions-ABB Inc.
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12/8/2022 2:52:11 PM
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BOCC
Date
12/13/2022
Meeting Type
Business
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Agenda
Agenda Item
8-c
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Agenda - 12-13-2022; Agenda for December 13, 2022 BOCC Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 12-13-2022 Business Meeting
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Minutes 12-13-2022 Business Meeting
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OTHER-2022-064-Proposed contract amendment providing and eighteen month extension of the June 16 2020 signed contract with ABB
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OTHER-2022-065-North Carolina Department of Commerce Rural Economic Development division rural grant programs
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18 1 <br /> i <br /> Rural Economic Development Grant Agreement,Private Owner <br /> BUILDING REUSE PROGRAM—Revision#3 2020-025.3201.2587 <br /> 1 <br /> (e). Without limitation, failure by the Governmental Unit to timely demand repayment <br /> from and, if necessary, initiate and fully litigate such legal proceedings against the <br /> Owner may affect the future consideration of the Governmental Unit for grant i <br /> programs administered by Commerce. Further, and without limitation,if the <br /> Governmental Unit fails to timely initiate legal proceedings against the Owner for l <br /> such repayment and Commerce elects to do so instead,the Governmental Unit is } <br /> responsible and agrees to reimburse Commerce for all litigation costs and reasonable <br /> attorneys' fees that Commerce incurs in pursuing repayment, <br /> 2. Changes in the Proicot or Other Conditions, <br /> (a). A"Project Change" is any material alteration,addition,deletion or expansion of the <br /> Project,including(without limitation)material changes to construction or <br /> rehabilitation, the terms or conditions of the loan under the LBC("Loan"),the <br /> required number of New Jobs, the matching investment in the Project,any cessation <br /> of business by the Owner or any Business and any filing of bankruptcy by the <br /> Governmental Unit, the Owner or any Business, There shall be no Project Changes <br /> unless expressly approved of by Commerce in a separate,prior written agreement <br /> stating, if applicable,the costs and schedule for completing the Project Change. <br /> Notwithstanding the foregoing and wherever referred to in this Grant Agreement, <br /> "cessation of business,""ceasing to do business"and"ceases to do business"shall <br /> not include(1)ceasing operations to maintain,service or upgrade real or personal j <br /> property of the Owner,(2)seasonal shutdowns of operations as long as such cessation <br /> do not exceed a total of four(4)weeks in any calendar year(excluding time <br /> attributable to an event of force majeure as described below) and(3)under the <br /> circumstances of for the period of time described In Paragraph 17 below. <br /> (b). Additionally,the Governmental Unit shall immediately notify Commerce of any <br /> change in conditions or local law,or any other event,which may significantly affect <br /> its ability to oversee, administer or perform this Grant Agreement, the LBC or the <br /> Project, In its sole and unreviewable discretion, Commerce may deem such a change <br /> in conditions,local law or other event to constitute a Project Change. <br /> i <br /> 3. Term of Grant A r�eement, The effective period of this Grant Agreement shall commence <br /> on 10/17/2019("Effective Date")and shall terminate on 12/31/2022 unless terminated on <br /> an earlier date under the terms of this Grant Agreement(either one of which dates shall <br /> constitute the"Termination Date")or unless extended for an express term in writing by the <br /> Governmental Unit. <br /> 4, Funding. The Rural Authority grants to the Governmental Unit an amount not to exceed <br /> $500,000.00 for expenditures directly relating to the Project. The Governmental Unit <br /> hereby represents and warrants that all Grant funds shall be utilized exclusively for the <br /> purpose of the Project and consistent with all applicable laws,rules, regulations and <br /> requirements, and that the Governmental Unit shall not make or approve of any improper <br /> Grant Agreement-3 <br />
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