2004 - 12-13-04 Regular Meeting - Laserfiche WebLink

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6;,0^ v fIGE 1 p -4 "The property described herein was obtained or improved with Federal financial assistance and is subject to the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, and other similarly worded Federal statutes, and the regulations issued pursuant thereto that prohibit discrimination on the basis of race, color, national origin, handicap, religion, age, or sex in programs or activities receiving Federal financial assistance. Such provisions apply for as long as the property continues to be used for the same or similar purposes for which the Federal assistance was extended, for so long as the purchaser owns it, whichever is later." 2. This transfer is contingent upon the City receiving a favorable interest rate, the City not being required to repay any grants, approval of the Local Government Commission and approval by the Farmer's Home Administration. USDA Rural Development regulations state in part: "When facilities financed in part by grants are transferred or sold, repayment of all or a portion of the grant is not required if the facilities will be used for the same purposes and the new owner provides a written agreement to abide by the terms of the grant agreement." A copy of the grant agreement is attached. The City of Sanford will be required to execute USDA Rural Development Form 400-4, Assurance Agreement, copy attached. County and District agree to provide written consent from United States of America acting through the Rural Utility Service, Department of Agriculture, to transfer the water system in accordance with the Grant Agreement. 3. County and District agree to provide to the City a bill of sale for all tangible personal property of the water system, including pipes, fittings, lines, tanks, etc., and to provide an assignment of all easements related to the water system, an assignment of leases for antennas located on the water tanks, and deeds for any real property owned by County and District, necessary for operation of the water system, including tank sites. County and District shall provide all as built drawings, engineering studies, financial information or other information relevant to the water system. County and District shall disclose all warnings, notifications of violations or penalties or other pertinent information from the North Carolina Department of Environment, Health and Natural Resources or the EPA relating to the water system. 4. County and District agree to provide to the City all financial assets of the respective systems consistent with the most recent audit. City agrees to drop