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1982-076
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1982-076
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E. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance, <br />emergency repair reserves, obsolescence reserves, debt service and debt service reserves. <br />F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area <br />within its jurisdiction. <br />G. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by a <br />representative of the Grantor. <br />H' To execute Form FmHA 400-1, "Equal Opportunity Agreement," and to execute Form FmHA 400-4, "Nondis- <br />crimination Agreement," and to execute any Cher agreements required by Grantor which Grantee is legally authorized to <br />execute. If an such form 'has been executed 6 Grantee as a result of a loan being made to Gi-ntee by Grantor contempo- <br />raneously with the making of this grant, another form of the same type need not be executed in connection with this grant. <br />1. Upon any default under its representations or agreements set forth in this 'nstrument, Grantee, at the option and <br />demand of Grantor, will repay to Grantor forthwith the original principal amount of the grant stated hereinabove, with the <br />interest at the rate of 5 ercentum per annum frdln the date of the default. Default by the Grantee will constitute <br />termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions of this Grant <br />Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of previous defaults of <br />Grantee, by judicial proceedings to require specific performance of the terms of this Grant Agreement or by such other <br />proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance <br />with the provisions of this Grant Agreement and the laws and regulations tinder which this grant is made. <br />J. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not <br />needed by Grantee for approved purposes. <br />K. Use the real property including land, land improvements, structures, and appurtenances thereto, for authorized <br />purposes of the grant as long as needed. <br />1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real <br />property for the authorized purpose of the original grant as long as needed. <br />2. The Grantee shall obtain approval by the _Grantor agency for the use of the real property in other projects when <br />the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall <br />be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized <br />for support by the Grantor. <br />3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition <br />instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the following <br />rules in the disposition instructions: <br />(a) The Grantee may be permitted to retain title after it compensates the Federal Government in an amount <br />computed by applying the Federal percentage of participation in the cost of the original project to the fair market <br />value of the property. <br />(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency and <br />pay the Federal Government an amount computed by applying the Federal percentage of participation in the cost of <br />the original project to the proceeds from sale (after deducting actual and reasonable selling and fix -up expenses, if <br />any, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales <br />procedures shall be established that provide for competition to the extent practicable and result in the highest <br />possible return. <br />(c) The Grantee may be directed to transfer title to the -property to the Federal GoverRment provided that in <br />such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa• <br />tion in the cost of the program or project to the current fair market value of the property. <br />This Grant Agreement covers the following described real property (use continuation sheets as necessary). <br />L. Abide by the following conditions pertaining to nortexpendable personal property which is furnished by the Grantor <br />or acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a <br />useful life of more than one year and an acquisition cost of 5300 or more per unit. A Grantee may use its own definition of <br />nonexpendable personal property provided that such definition would at least include all tangible personal property as <br />defined above. <br />1. Use of nonexpendable property. <br />(a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no <br />Ionger needed for the original project, the Grantee shall use the property in connection with its other Federally <br />sponsored activities, if any, in the following order of priority: <br />
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