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AG 2011 01 18
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AG 2011 01 18
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Last modified
6/13/2011 9:44:42 PM
Creation date
11/27/2017 11:13:55 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/18/2011
Board
Board of Commissioners
Meeting Type
Regular
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EXHIBIT H <br />GENERAL TERMS AND CONDITIONS <br />A. Affirmative Covenants <br />1. Compliance with Laws Grant Recipient agrees to perform and maintain the Project in <br />compliance with all federal, state and local laws and regulations, including, without limitation, <br />environmental, zoning and other land use laws and regulations. The Grant Recipient agrees to <br />take reasonable steps to advise Project participants that they shall comply in the same manner. <br />2. Insurance The Grant Recipient agrees to keep structures or improvements of any sort <br />constituting the Project fully insured at all times during construction and to keep fully insured all <br />building materials at any time located on the Project. Grant Recipient will ensure that all <br />contractors furnish adequate payment and performance bonds. <br />4. No Mitigation Grant Recipient shall not use a property(ies) of the Project Site or any <br />portion thereof to satisfy compensation mitigation requirements under 33 U.S.C. § 1344 or <br />N.C.G.S. 143 - 214.11. <br />5. No Pollution Credits If the Project enables the Grant Recipient to reduce the discharge of <br />phosphorus, nitrogen, or any other nutrient or pollutant below, or further below, applicable <br />regulatory limits ( "Pollution Credits "), Grant Recipient shall not sell, trade or give to another <br />person or entity that percentage of any resulting credits achieved by the Project corresponding to <br />the percentage of the Project costs provided by the Fund. <br />6. Right of Entry and Inspections The Grant Recipient shall permit representatives of the <br />Fund to visit the property(ies) of the Project Site and to review the activities of the Grant <br />Recipient pursuant to the Grant, including books and records in any way related to the Grant or <br />the Project. <br />6. Retention, Operation, Maintenance and Use <br />(a) Grant Recipient agrees to complete the Project as approved by the Fund. The <br />descriptions, purpose, schedules, scope of work and budgets set out in Exhibits A and B, and <br />accompanying or related plans, specifications, estimates, procedures and maps submitted to the <br />Fund by the Grant Recipient are the foundation of this Grant Contract. Only changes deemed <br />non - material in type at the discretion of the Executive Director may be made without the consent <br />of the Fund's Board of Trustees. <br />(b) For a period of ten (10) years after Project completion, Grant Recipient agrees to <br />maintain and manage, at maximum functional utility, the end product of the Project. The Grant <br />Recipient shall inspect the Project on a routine basis, with additional inspections following major <br />storm events and shall make all necessary repairs to return the infrastructure to its full function <br />within 2 weeks or as soon as possible thereafter. <br />(c) Property acquired, developed or improved with grant assistance from the Fund <br />shall be retained and used for the purposes identified in Exhibit A, and Grant Recipient hereby <br />Cabarrus Soil and Water Conservation District 27 <br />CWMTF 2010 -703; Cox Mill School Stormwater BMPs <br />APYdg" number 1 <br />F -7 <br />
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