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(2) No new structure will be erected on property other than: <br />a. a public facility that is open on all sides and functionally related to a designed open <br />space; <br />b. a restroom; or <br />(3) A structure that the Director of the Federal Emergency Management Agency approves in <br />writing before the commencement of the construction of the structure; <br />(4) After the date of the acquisition or relocation no application for disaster assistance for any <br />purpose will be made to any Federal entity and no disaster assistance will be provided for <br />the property by any Federal source; and <br />(5) If any of these covenants and restrictions is violated by the owner or by some third party <br />with the knowledge of the owner, fee simple title to the Property described herein shall be <br />conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of <br />Florida without further notice to the owner, its successors and assigns, and the owner, its <br />successors and assigns shall forfeit all right, title and interest in and to the property. <br />HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional <br />Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set <br />forth in 44 CFR 206.438(b). <br />The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a <br />HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies <br />participating in the NEPA process. <br />As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing <br />changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for <br />Grants and Cooperative Agreements to State and Local Governments: <br />(1) For Construction projects, the grantee must "obtain prior written approval for any budget <br />revision which result in a need for additional funds" (44 CFR 13(c)); <br />(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the <br />budget implications; and <br />(3) The Sub -recipient must notify the State as soon as significant developments become <br />known, such as delays or adverse conditions that might raise costs or delay completion, <br />or favorable conditions allowing lower cost or earlier completion. Any extensions of the <br />period of performance must be submitted to FEMA sixty days prior to the project <br />expiration date. <br />The Sub -recipient assures that it will comply with the following statutes and regulations to the <br />extent applicable: <br />(1) 53 Federal Register 8034 <br />(2) Federal Acquisition Regulations 31.2 <br />(3) Section 1352, Title 31, US Code <br />(4) Chapter 473, Florida Statutes <br />(5) Chapter 215, Florida Statutes <br />(6) Section 768.28, Florida Statutes <br />(7) Chapter 119, Florida Statutes <br />(8) Section 216.181(6), Florida Statutes <br />(9) Cash Management Improvement Act of 1990 <br />(10) American with Disabilities Act <br />(11) Section 112.061, Florida Statutes <br />(12) Immigration and Nationality Act <br />(13) Section 286.011, Florida Statutes <br />35 <br />