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Home My WebLink About1977-103RESOLUTION NO. 77-103 WHEREAS, Indian River County is in the process of purchasing URBAN DEVELOPMENT UTILITIES, INC. assets and obtaining necessary loans from the Farmers Home Administration; and WHEREAS, it is necessary for the Board of County Com- missioners to execute Farmers Home Administration Form FHA 442-31, entitled "Association Water or Sewer System Grant Agreement"; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Chairman is hereby authorized to execute the "Association Water or Sewer System Grant Agreement" with Farmers ffomc Administration, Form No. FILA 442-31. Said Resolution shall become effective as of the 20th day of October , 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RI�/JVER COUNTY, FLORIDA By i Frlar� Wj.11iam C. Wodtke, Jam, Chairman Attest:..,. x,11, /�_! ,, / i_' Freda Wright, Clerk Vorm FHA •147.-31 UNITLO NTATES OSPARTMEN'1' OF AGNICULTURti (Rev. 9-15-70) FARMERS HOME ADMINISTRATION ASSOCIATION, WATER Olt SEWER SYSTEM GItAN'1' AGREEMENT THIS AGREI4MI:NT date) SepCember 13 19....77... , between .,...,Board bf CounCy _........................................_......_...... .. ............. !"omtniasioners....Radian...Ri.vt~x-Caunty-.............._.............._...._...._..................................... ................ ....... _..... . a public body corporate organized and operating under ......C)1AP1C ....).2.�.a....k _Q?. Si.?...SLatutes (1975) (Authorizing State Statute) herein called "Grantee," and the United States of America acting through the Farmers Ilome Administration, Department of Agriculture, herein called "Grantor," WITNESSETH: WHEREAS— Grantee has determined to undertake a project of ocquisition, construction, enlargement, or capital improvement of a (water) (sewer) system to serve the area under its jutisdiction at an estimated cost of $ ...12270,000 „ , and has duly authorized the undertaking of such project. Grantee is able to finance not more than $._$42,500,,,,,,,,,,,,,,_,,,,,,_,___._ of the development costs through revenues, charges, taxer or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge. Said sum of $ ._ ZL7 00 .......... _.... __._.... __ has been committed to and by Grantee for such project development costs. Grantor has agreed to grant to Grantee a sum not to exceed $ ..... _.427.x500 ..................... __ or ....... _33.66 percent of said development costs, whichever is the lesser. NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to section 306 (a) of the Consolidated Farmers Home Administration Act of 1961 for the purpose only of defraying a part not to exceed_.._ r?Q...._......__.. percent of the development costs, as defined by applicable Farmers Home Administration instructions; Grantee agrees that Grantee will 1. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the project plans and specifications and any necessary modifications thereof prepared by Grantee and approved by Grantor. 2. Permit periodic inspection of the construction by a designated representative of Grantor during construction. 3. Manage, operate and maintain the system, including this project if less than the whole of said system, continuously in an efficient and economical manner. 4. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimination as to race, color, religion, or national origin, at reasonable charges, including assessments. taxes, or fees in accordance with a schedule of such charges, whether for one or more classes of service,arlopted by resolution dated ..................... , 19..7.... , as may be modified from time to time by Grantee. The initial rite schedule must be approved by Grantor. Thereafter Grantee may make such modifications to the rate schedule as Grantee deems necessary to efficiently and economically provide for the financial requirements of the system as long as the rate schedule remains reasonable and nondiscriminatory. S. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves. 6. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within its jurisdiction. 7. Not transfer or dispose of the system, or any part thereof, being constructed or improved with such grant funds without the written consent of Grantor, and not encumber the project for a period of five years from the date hereof without the written consent of the Grantor, 8. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by a designated representative of the Grantor. Position 8 O t FHA 442-31 (Rev. 9-15-70) 9. To execute Form FHA 400-1, "Equal Opportunity Agreement," to which is annexed a Form FHA 400-2, 'Equal Opportunity Clause," and to incorporate in or attach as a rider to each construction contract for the project involving $10,000 or more a Form FHA 400-2; to execute Form FHA 400-4, "Nondiscrimination Agreement," and to execute any other agreements required by Grantor which Grantee is legally authorized to execute. If any such Form has been executed by Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the making of this grant, another Form of the some type need not be executed in connection with this grant. 10. Upon any default under its representations or agreements set forth in this instrument, Grantee, at the option and demand of Grantor, will, to the extent legally permissible, repay to Grantor forthwith the original principal amount of the grant stated hereinabove, with interest at the rate of 5 percentum per annum from the date of the default. The provisions of this Grant Agreement may be enforced by Grantor, at its option end without regard to prior waives by it of previous defaults of Grantee, by judicial proceedings to require specific performance of the terms of this Grant Agreemept or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and the laws and regulations under which this grant is made. Grantor agrees that it will: 1 Q 1. Make available to Grantee for the purpose of this agreement not to exceed 5 42Z.,.5Q _ ..___.._-------- _--------- which it will advance to Grantee to meet not to exceed ..._........50 ... percent of the development costs of the project in accordance with the actual needs of Grantee as determined by Grantor. Any grant funds actually advanced and not needed by Grantee for approved purposes shall be returned immediately to Grantor, as required by the regulations of Gtantoe. 2. Assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with -any State or area plans for the atea in which the project is located. 3. In its sole discretion, Grantor may at any time give any consent, deferment, subordination, release, satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be (a) advisable to further the purposes of the grant or to protect Grantor's financial interest therein and (h) consistent with both the statutory purposes of the grant and the limita- tions of the statutory authority under which it is made. IN WITNESS WHEREOF Grantee on the date first above written has. caused these presents to be execuied by its duly Chairman and attested and its corporated Clerk _..__. _.... - _ _ seel affixed by its duly authorized -.._..-....._......_.._.._..__......__- .. ..._..___.._...-.._..........__--•--...-•-- . BOARD OF COUNTY COMi1ISSI0NF.RS Attest: ..113PIAR.AVEli--CO1II4TY.. _.._......_... William C. Wodtke, Jr. B, .t,c._cQ C,.�--- iLt� .....__ By .-_ __ _ _ . Y -- 1., Freda Wri� - __. _. __. ( g - G°lerk� Chairman _...._... ...----.._....---- _ _ ---'---_-••---^_..__..___....__.._.---• _ (Title) -_ (Title) s UNITED S'L'ATES OF AMERICA FARMERS HOME ADMINISTRATION By County„ Superyisot ...,.-..-.._........ _.... (Title)