R2011-130 AUTHORIZING AMENDMENT - Laserfiche WebLink

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occupancy, and a completed HOME Project Compliance Report. The City reserves the right to withhold the final ten percent (10%) of total reimbursement on a project until all closeout documentation is received. E. Termination of Project Funding The City reserves the right to suspend or terminate payment of reimbursement requests for a project, or require reimbursement of funds already paid, in whole or in part for cause. Cause shall include the following: 1. Improper use of funds; 2. Failure to comply with the terms and conditions of this Agreement, including those specified in items A. through D. above; 3. Failure to comply with HUD program guidelines. 4. Failure to comply with the affordability requirements stated above. The City shall notify NWRAPS before any such termination takes place and allow opportunity for review and correction of problems. If termination of the project is then determined to be necessary, repayment of the total amount of HOME funds expended on the project shall be made to the City prior to the end of that current fiscal year. If problems are not corrected within the agreed time period, the City may determine that there has been a breach of this agreement and may take legal action. The City reserves the right to deny eligibility of funding for a minimum of one year on any new proposed HOME or CDBG funded project. V. PROJECT PROCEEDS Upon completion of each project, NWRAPS shall report the amount of all project proceeds generated by activities carried out with HOME funds made available under this contract, and the use to which the HOME proceeds will be allocated. As set forth in 24 CFR 92.300(a)(2), the use of HOME proceeds by NWRAPS shall be only for HOME- eligible or other housing activities to assist low-income persons. Up to ten percent (10%) of the HOME proceeds may be used for CHDO operating and administrative expenses. HOME proceeds must be committed or expended within one year of the date they are generated (e.g., date of sale of a HOME-assisted rehabilitation or construction project), or the City of Decatur may, at its discretion, require that funds be returned to the City for use in its HOME-funded activities. Program income shall be used by December 31, 2012 or before funds are requested from the City of Decatur, as stated in 24 CFR 92.504(c)(2)(vi). NWRAPS shall present a proposal for the use or program income funds and a proposed budget. A separate agreement will be required for the use of the CHDO proceeds. VI. TECHNICAL ASSISTANCE The City shall provide technical assistance to NWRAPS upon request, at no additional cost, to guide the organization in the proper administration of the HOME funds. 5