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a. New Construction of four -person congregate living facility and the refurbishment of one unit within the five unit apartment complex. The HOPWA grant shall be used for the development of a four -person congregate living facility and the refurbishment of one unit within the five unit apartment complex and for materials, supplies, labor and services that are an integral part of the project including but not limited to architecture and engineering, consulting, building permit, planning and other governmental fees, title and escrow fees and construction costs. Funds shall be disbursed in the amounts approved by City. All disbursements shall be made subsequent to Project Sponsor taking title to the Property, except for relocation and predevelopment expenses in an amount not to exceed $125,000. These approved expenses are identified in the Predevelopment Budget, Attachment No. 2, as amended from time to time. b. Schedule. Project Sponsor shall commence development of the Property not later than 270 days after execution of this Agreement, and shall complete the Work not later than 365 days after commencement. This schedule may be modified with the consent of the City Manager. C. Scope. The development of the Property shall be performed in a manner consistent with the plans attached to this Agreement as Attachment No. 3. d. Inspections_. Project Sponsor shall inspect any Work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement. Project Sponsor agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the construction contractor or subcontractor until the Work has been corrected. The City reserves the right to inspect the Property at any time during the period of time set forth in Section 3 of this Agreement. Such inspection shall occur at least annually during said period of time. 2. Disbursement of Funds. 24 CFR 92.504(c)(10). Project Sponsor shall not request disbursement of any portion of the Grant until the funds are needed to pay eligible costs. The amount of each disbursement request shall be limited to the amount needed. The City shall have the right to disapprove any request if the City determines the request is for an ineligible item or is otherwise not in compliance with or is inconsistent with this Agreement. Grant proceeds used for actual costs shall be placed in a non - interest bearing escrow account with United States Escrow or at such other institution as City requires in compliance with federal regulations found at 24 CFR 511 (the "Escrow Account"). Upon written request of Project Sponsor, City will request disbursement of funds from the escrow account for fully completed work items. Nip\staff\sk\agreement\ Page 2 of 31 Garfield HOPWA Agreement 11-07-01