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<br />ARTICLE 21 <br />Special Conditions <br /> <br />21.1. Department shall not release any funds for any costs incurred by Administrator under this <br />Contract until Department has received certification from Administrator that its fiscal control and <br />fund accounting procedures are adequate to assure the proper disbursal of, and accounting for, <br />funds provided under this Contract. Department shall specify the content and form of such <br />certification. <br /> <br />21.2 Funds provided under this Contract must meet the affordability requirement of 24 CFR 92.252 or <br />92.254, as applicable, and the HOME rules. Administrator agrees to repay all HOME funds <br />governed by this Contract in the event that the project fails to comply, or ceases to comply, with <br />the affordability requirements under this Contract. If Administrator lends HOME funds to <br />anyone, that loan agreement, note, and mortgage must require that the affordability requirements <br />continue to be met throughout the term of the loan and that the affordability requirements shall <br />be binding upon the heirs, successors, assigns, and transferees of the Administrator as required <br />by 24 CFR Section 92.252 or 92.254, as applicable. <br /> <br />21.3 Administrator agrees that all repayments, including all interest and any other return on the <br />investment of HOME funds will be made to Department. Department reserves the right to permit <br />Administrator to retain interest or return on the investment of HOME funds for additional <br />eligible activities by the Administrator. <br /> <br />21.4 Administrator shall ensure that all owner-occupied housing assisted with funds provided under <br />this Contract shall meet the requirements of24 CFR 92.251 for the duration of this Contract. <br /> <br />21.5 Administrator shall adopt and submit, for Department's approval, affirmative marketing <br />procedure~ and requirements. The affirmative marketing procedures and requirements shall <br />include, but need not be limited to, those specified in 24 CFR 92.351. Administrator must <br />provide Department with an annual assessment of the affirmative marketing program for the <br />development. The assessment shall be prepared in accordance with the HOME Implementation <br />Manual. <br /> <br />21.6. Upon termination of this Contract, all funds remaining on hand on the date of termination, and <br />all accounts receivable attributable to the use of funds received under this Contract, shall revert <br />to Department. Administrator shall return these assets to Department within seven (7) business <br />days after the date of termination. ' <br /> <br />2 1.7 Department shall not release any funds for any costs incurred by Administrator under this <br />Contract until Department has received from Administrator an executed, legally enforceable <br />agreement containing remedies adequate to enforce the affordability requirements of 24 CFR <br />92.252 or 92.254, as applicable, with Administrator. Administrator shall record said agreement <br />in the real property records of the county where the project is located and return the original <br />document, duly certified as to recordation by the appropriate county official, to the Department. <br />Receipt of such certified recorded original by the Department is required prior to disbursement of <br />any funds under this Contract. <br /> <br />21.8. Funds provided under this Contract may not be used in connection with acquisition or <br />rehabilitation of a development located in an area identified by the Federal Emergency <br />Management Agency (FEMA) as having special flood hazards, unless the locality in which the <br />site is located is participating in the National Flood Insurance Program or less than a year has <br />passed since FEMA notification regarding such hazards and flood insurance is obtained as a <br />condition of approval of the commitment. <br /> <br />Page 10 of 17 <br />HOME Contract No. 535035 <br />Owner Occupied Assistance <br />