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JOHN DELULIO TRUST (2)
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JOHN DELULIO TRUST (2)
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9/5/2024 9:40:04 AM
Creation date
9/3/2024 2:47:51 PM
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Contracts
Company Name
JOHN DELULIO TRUST
Contract #
A-1991-038AS
Agency
Community Development
Destruction Year
2011
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advances by DEVELOPER on behalf of CITY, in furtherance of the <br />activities hereunder or thereof. <br />DEVELOPER's obligations and responsibilities, set forth <br />in this paragraph ."X REVERSION OF ASSETS" and in paragraphs "SX <br />TERMINATION" and "VIII PROGRAM INCOME" shall not be affected by the <br />termination of this agreement and shall survive the date of <br />termination of this agreement for such period of time as CITY <br />and/or HUD deems necessary for the responsibilities, duties and <br />obligations to be performed and completed to the satisfaction of <br />CITY and HUD. <br />XI LIMITATION OF FUNDS <br />The United States of America, through HUD, may in the <br />future place programmatic or fiscal limitations on the use of CDBG <br />funds which limitations are not presently anticipated. According- <br />ly, CITY reserves the right to revise this agreement in order to <br />take account of actions affecting HUD program funding. In the <br />event of funding reduction, CITY may, in its sole and absolute <br />discretion, reduce the budget of this agreement as a whole or as to <br />costs category, may limit the rate of DEVELOPER's authority to <br />commit and spend funds, or may restrict DEVELOPER Is use of both its <br />uncommitted and unspent funds. Where HUD has directed or requested <br />CITY to implement a reduction in funding, in whole or as to a cost <br />category, with respect to funding for this agreement, CITY's City <br />Manager or delegee is authorized to act for CITY in implementing <br />and effecting such a reduction and in revising, modifying, or <br />amending the agreement for such purposes. Where CITY has reason- <br />able grounds to question DEVELOPER's fiscal accountability, <br />financial soundness, or compliance with this agreement, CITY may <br />suspend the operation of this agreement for up to sixty (60) days <br />upon five (5) days written notice to DEVELOPER of its intention to <br />so act, pending an audit or other resolution of such questions. in <br />no event, however, shall any revisions made by CITY affect <br />expenditures and legally binding commitments made by DEVELOPER <br />before' it received notice of such revision, provided that such <br />amounts have been committed in good faith and are otherwise <br />allowable and that such commitments are consistent with HUD cash <br />withdrawal guidelines. <br />XII CLOSE OUT PROCEDURES <br />A. This agreement shall be closed out when: <br />1. All costs to be paid for by CDBG funds have been <br />incurred; with the exception of close out costs and <br />costs associated with contingent liabilities as set <br />forth in 24 CFR 570.509 (c) (i) ; <br />2. Any rehabilitation activities to private property <br />have actually been completed; and <br />Page 9 of 11 Pages <br />
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