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2013-08-14 Agenda
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2013-08-14 Agenda
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14. TERMINATION <br />A. This Agreement is subject to termination upon thirty (30) days written notice by the County should: <br />(1) The Agency mismanage or make improper or unlawful use of Agreement funds; <br />(2) The Agency fail to comply with the terms and conditions expressed herein or the applicable <br />regulations and directives of the Federal Government, State, or County; <br />(3) The Agency fail to provide work or services expressed by this Agreement; or <br />(4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material <br />respect. <br />B. This Agreement may be terminated by the County immediately upon the receipt by the County of <br />notice of the loss of federal funding for the Community Development Block Grant Program or any <br />project of the Agency. <br />C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: <br />(1) The County fail in its commitment under this Agreement to provide funding forservices rendered, <br />as herein provided; or <br />(2) Block Grant funds become no longer available from the Federal Government or through the <br />County. <br />D. Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit(s) _ <br />attached hereto and shall be subject to extension only by mutual agreement and amendment in <br />accordance with the General Conditions of this Agreement except the County may terminate the <br />agreement if funds are not expended as required by Exhibit C. <br />E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the <br />County Block Grant fund. <br />F. In the event that termination occurs under paragraph A (1) of this section, the Agency shall return to <br />the County all funds which were expended in violation of the terms of this Agreement. <br />15, USE AND REVERSION OF ASSETS <br />The use and disposition of real property and equipment under this Agreement shall be in compliance with <br />the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which <br />included but are not limited to the following: <br />A. The Agency shall transfer to the County any CDBG funds on hand and any accounts receivable <br />attributable to the use of funds under this Agreement at the time of expiration, cancellation or <br />termination. Such payment shall constitute program income to the HRA, <br />Real property under the Agency's control which was acquired or improved in whole or in part using <br />CDBG funds accumulated in excess of $25,000 shall apply standards set forth in 570.505. These <br />standards shall apply from the date CDBG funds are first spent for the property until five years after <br />closeout of an entitlement recipient's participation in the entitlement of CDBG program or, with respect <br />to other recipients until five years after the closeout of the grant from WJhich the assistance to the <br />property was provided. The Agency many not change the use or planned use of any such property <br />including the beneficiaries of such use from that for which the acquisition or improvement was made. If <br />the Agency fails to use CDBG assisted real property in a manner that meets a CDBG National <br />Objective, sells, transfers title or there is a change in use, the Agency shall pay the HRA an amount <br />equal to the current fair market value of the property less any portion of the value attributable to the <br />48 <br />
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