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2009-034-RES-Homebuyers Assistance Program
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2009-034-RES-Homebuyers Assistance Program
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8/21/2012 12:33:58 PM
Creation date
5/26/2009 1:30:16 PM
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CITY CLERK
Doc Name
2009-034 RES
Doc Type
Resolution
CITY CLERK - Date
4/27/2009
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the project funded under this contract; and Nvith all other tenals. provisions, and requiremznts <br />herein set torth. <br />SECT'ION 3. DEPARTMENT OBLIGATIONS <br />A. Department shall be obligated to pay actual and reasonable costs incurred by <br />Administrator, during the contract period, for performances rendered under this contract <br />by Administrator, subject to the limitations set forth in this Section 3: <br />l. It is expressly understood and agreed by the Parties hereto that Department's <br />obligations under this Section 3 are contingent upon the full and satisfactory <br />performance by Administrator of the activities herein described and the actual <br />receipt by Department of adequate federal funds to meet Department's liabilities <br />under this contract. If adequate funds are not available to make payments under <br />this contract, Department shall notify Administrator in writing within a reasonable <br />time after such fact is determined. In that event, this contract shall terminate and <br />neither Party shall have any further rights or obligations hereunder; <br />2. Department shall not be obligated to pay to Administrator for any costs incurred <br />by Administrator, which have been paid to Administrator or are subject to <br />payment to Administrator, or have been reimbursed to Adrninistrator or are <br />subject to reimbursement to Administrator, by any source other than Department; <br />3. Department shall not be obligafed to pay to Administrator for any costs incurred <br />by Administrator which are not allowable costs, as set forth in 24 C.F.R. Sections <br />-any-iutare rnt'r~s---6rzle~ermina ions ot----- <br />the U.S. Departrnent of Housing and Urban Affairs, and Section 5 of this contract. <br />Funds provided under this contract may not be used for payment of prohibited <br />activities and costs as more particularly described in 24 C.F.R. Sections 92.214 <br />and 92.602(b)(4) and/or Policies or Rules promulgated by the Department; <br />4. Department shall not be obligated to pay to Administratar for any costs incurred <br />by Administrator or for any performances rendered by Administrator which are <br />not strictly in accordance with tlie terms of this contract, including the.terms of <br />Exhibit A, E}c.hibit B, and Exhibit C, of this contract; and <br />of th s~ performances <br />5. Department shall not be obligated to par dte costs <br />r afte nthe <br />rendered by Adrninistrator before the effective <br />termination date of this contract and shall further not be obligated to pay for any <br />costs incurred within the contract period and not billed to Department within sixty <br />(60) days after the termination date of this contract. <br />B. Not withstanding any other provision of this contract to the contrary, the total of all <br />payments and other obligations incurred by Department under this contract shall not <br />exceed the sum of TWO HUNDRED EIGHT THOUSAND AND NO/100 DOLLARS <br />(S208,000.00), of which EIGHT THOUSAND AND NO/100 DOLLARS, (S8,000.00) <br />is for Administrative expenses. HOME Contract " 1000930 <br />Paee 2 of 21 <br />
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