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B. DURATION OF AGREEMENT: <br /> <br />This Agreement shall be effective as of the 1st day of July 2003 and <br />shall remain in effect during the period of affordability required by the <br />Act under 24 CFR Part 92.252 or 92.254. <br /> <br />C. TERMS AND CONDITIONS: <br /> <br />The Agency shall enforce th_is agreement through a p~omissory <br />note and deed of trust on all real properties receiving an <br />investment of HOME funds which shall require compliance with <br />all applicable HOME Program requirements. This Agreement <br />shall be considered breached if the Agency materially fails to <br />comply with any term in this Agreement, and shall result in the <br />termination of th/s Agreement and the recapture of all HOME <br />funds disbursed to the Agency. <br /> <br />The Agency shall assume responsibility for managing the day- <br />to-day operations of its HOME program, to assure compliance <br />with program requirements outlined in 24 CFR Part 92, and for <br />taking appropriate action when performance problems arise. <br /> <br />The Agency shall take full responsibility for ensuring that housing projects <br />assisted with HOME funds meet the affordability and resale requirements <br />of 24 CFR 92.252 or 92.254 as applicable, and shall repay its award of <br />HOME funds in full to the City if the housing does not meet the <br />affordability requirements for the specified time period. <br /> <br />The Agency shall retain ail repayment, interest, and other return on the ' <br />investment of HOME funds in a separate local account for use to fund <br />additional eligible HOME activities of the Agency,s choosing and agrees <br />to invest all returns on HOME investments in other eligible activities <br />before drawing down additional HOME funds from the City of <br />Concord. <br /> <br />The Agency shall request disbursement of HOME funds only after local <br />funds have been expended to complete each project. <br /> <br />For each rehab project receiving HOME funds, the Agency shall <br />submit a final reimbursement request to the City depicting the <br />beneficiaries and indicating project completion. <br /> <br /> <br />