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DURA TION OF AGREEMENT: <br /> <br />This Agreement shall be effective as of the 1st day of July 1998 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 this agreement through a promissory <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 this 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 <br />housing it has assisted with HOME funds meets the <br />affordability and resale requirements of 24 CFR 92.252 or <br />92.254 as applicable, and shall repay its award of HOME funds <br />in full to the City if the housing does not meet the affordability <br />requirements for the specified time period. <br /> <br />The Agency shall retain all repayment, interest, and other <br />return on the investment of HOME funds in a separate local <br />account for use to fund additional eligible HOME activities of <br />the Agency's choosing and agrees to invest all returns on <br />HOME investments in additional eligible activities before <br />drawing down additional HOME fitnds from the City of <br />Concord. <br /> <br />The Agency shall request disbursement of HOME funds only at <br />the time funds are needed for payment of eligible costs and to <br />request an amount of funds limited to that needed to cover <br />these costs and which can be expended within 15 days from <br />the date fitnds are disbursed to the City from the U.S. <br />D-easury. <br /> <br /> <br />