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25H - AGMT - PERMANENT HOUSING FOR PPL WITH HIV AND AIDS
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25H - AGMT - PERMANENT HOUSING FOR PPL WITH HIV AND AIDS
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4/2/2015 4:41:43 PM
Creation date
4/2/2015 4:39:28 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25H
Date
4/7/2015
Destruction Year
2020
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(3) records which demonstrate compliance with the property standards set forth <br />in Attachment No. 4; <br />(4) certifications given by contractors and subcontractors given pursuant to <br />Sections 8.g. and 8.h, above. <br />(5) statement of income to Project Sponsor from tenants pursuant to Section <br />IO.a., above <br />Project Sponsor shall retain all books and records relevant to this Agreement for a minimum <br />of four years after the expiration of this Agreement and any and all amendments hereto, or for four <br />years after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, <br />whichever is later. The City, the State, HUD, and /or their representatives shall have unrestricted <br />reasonable access to all locations, books, and records for the purpose of monitoring, auditing, or <br />otherwise examining said locations, books, and records with or without prior notice. <br />If so directed by the City, the State or HUD upon termination of this Agreement, Project <br />Sponsor shall cause all records, accounts, documentation and all other materials relevant to the <br />Work to be delivered to the City, the State or HUD, as depository. <br />C. Audits. Project Sponsor shall be subject to periodic audits pursuant to 24 CFR Part <br />45. Project Sponsor shall reasonably cooperate with City in performing such audit. <br />11. Enforcement 124 CFR 92.504(c)(13)] This Agreement and all of its attachments, shall be <br />enforceable by City in accordance with the terms hereof. Failure by Project Sponsor to comply <br />with any material provision hereof shall constitute a breach. In the event of a breach, City shall <br />provide written notice to Project Sponsor. City may terminate this Agreement in the event Project <br />Sponsor fails to cure any such default within 30 days after notice or in the event that Project <br />Sponsor conveys the Property to a person who does not agree to assume the obligations of Project <br />Sponsor under this Agreement. The foregoing provision does not apply to a transfer of the Property <br />to HUD or to a transferee of HUD. <br />12. Agreement Containing Covenants. Concurrently with the execution of this Agreement, <br />City and Project Sponsor shall execute and acknowledge an Agreement Containing Covenants <br />Affecting Real Property substantially in the form and substance of Exhibit G hereto. The executed <br />and acknowledged Agreement Containing Covenants Affecting Real Property shall be recorded <br />against the Property at the time of the acquisition of the Property by Project Sponsor. <br />13, Attachments. Project Sponsor has reviewed and, if appropriate, agrees to execute and <br />acknowledge the following documents in substantially the form as attacbed to this Agreement prior <br />to receiving the Grant, and any other documents or instruments reasonably required by the City or a <br />participating entity to complete the transaction contemplated herein: <br />Exhibit A - <br />Legal Description of Property <br />Exhibit B - <br />Draw Request <br />Exhibit C - <br />Housing Quality Standards (24 CFR 74.31O(b)) <br />25H -10 <br />
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