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2009-073-RES-TDHCA Home Program
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2009-073-RES-TDHCA Home Program
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Last modified
8/21/2012 12:38:44 PM
Creation date
8/21/2009 8:24:45 AM
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CITY CLERK
Doc Name
2009-073
Doc Type
Resolution
CITY CLERK - Date
7/13/2009
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SECTION 4. DISBURSEMENT OF FUNDS <br />A. Before the effective date of the HOME Contract, the Contract Adzninistrator may incur <br />and be reimbursed for travel costs, as provided for with Admillistrative funds, related to <br />mandatory implementation training required by the Department as a condition of <br />receiving a HOME a~vard and Contract. <br />B. Administrator may not request disbursement of funds for eligible costs incurred under <br />this contract until the funds are needed for payment of eligible costs in accordance with <br />the requirements of 24 C.F.R. Part 92. Administrator shall submit to Department at its <br />offices in Travis County, Texas, a properly completed electronic request for funds and <br />support documentation as required and as specified by Department. Department shall <br />determine the reasonableness of each amount requested and shall not make disbursement <br />of any such payment until Department has reviewed and approved such request. <br />Adininistrator agrees to attend Implementation Training prior to the disbursement of any <br />funds under this contract and prior to the closing of any loan. <br />C. Department reserves the right to recapture funds provided under this contract and the loan <br />documents in the event Department determines that Administrator will be unable to <br />expend all funds awarded within the contract period and development period as defined <br />in the loan documents. Administrator acknowledces that in the event Administrator is <br />unable to perform in accordance with the Performance Statement and Budget (Exhibit A), <br />interim construction loan documents, Administrator shall terminate this contract and <br />surrender Administrator's rights to any remaining funds. <br />D. It is expressly understood and agreed by the Parties hereto that any right or remedy <br />provided for in this Section 4, or in any other provision of this contract, shall not preclude <br />the exercise of any other right or remedy under this contract or under any provision of <br />law. Nor shall any action taken in the exercise of any right or remedy be deemed a <br />waiver of any other right or remedy. Failure to exercise any right or remedy hereunder <br />shall not constitute a waiver of the right to exercise that or any other right or remedy at <br />any time. <br />E. For Homebuyer Assistance Acquisition Only, no funds may be requested for <br />disbursement if the coinmitment for funding is not made 60 days prior to the termination <br />date in Section 1 of this Contract. For Tenant Based Rental Assistance no funds may be <br />requested for disbursement if the commitment for funding is not made 180 days prior to <br />the termination date in Section 1 of this Contract. Due to loan closing requirements for <br />Owner-Occupied Housing Assistance and Homebuyer Assistance with <br />Rehabilitation/reconstruction/new construction, no funds may be requested for <br />disbursement if the commitment for funding is not made 240 days prior to the termination <br />date in Section 1 of this Contract or if the loan closin-, does not occur 180 days prior <br />thereto. <br />SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST <br />PRINCIPLES AND PROGR.AM INCOME <br />A. If Administrator is a govemmental entity, Administrator shall comply with the <br />requirements of OMB Circular No. A-87; the requirements of 24 C.F.R. Part 85 as <br />ATTACHMENT A <br />HOME Contract 41001053 <br />Paee 5 of 21 <br />
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