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Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the extent possible, CDBG <br />funds will be allocated by COUNTY to CITY according to its proportional demographics, for activities <br />and/or projects prioritized by CITY to alleviate its identified community development needs eligible under <br />ACT. COUNTY, by its Board of Supervisors, shall be responsible for determining the final disposition <br />and distribution of all funds received by COUNTY under ACT, and for selecting the projects for which <br />such funds shall be used. Both parties agree that COUNTY has the authorization to redistribute such <br />funds when said projects are not implemented in a timely manner as defined by HUD. <br />CITY shall inform COUNTY regarding any income generated by the expenditure of CDBG funds <br />received by CITY. All said income shall promptly be paid to COUNTY or retained by CITY subject to <br />authorization by COUNTY for CITY use of said income for eligible activities in accordance with all <br />CDBG requirements as may then apply. COUNTY shall be responsible for monitoring and reporting to <br />HUD on the use of any such program income thereby requiring appropriate record keeping and reporting <br />by CITY as may be needed for this purpose. In the event of CDBG close-out or change in status of CITY <br />under the CDBG program, any program income that is on hand or received subsequent to the close-out <br />or change in status shall be paid to COUNTY. Any income generated from the disposition or transfer of <br />real property prior to any such close out or change of status shall be treated the same as program income. <br />Any income generated from the disposition or transfer of real property subsequent to any such close-out <br />or change of status shall promptly be paid to COUNTY. <br />MMMURNMIRROMMOT4313 MWE <br />The provision of this section set forth the standards which shall apply to real property acquired or <br />improved in whole or in part using CDBG funds that are within the control of CITY. Prior to any <br />modification or change in the use of said real property from the use or ownership planned at the time of <br />its acquisition or improvements, CITY shall notify COUNTY and obtain authorization for said <br />modification or change. CITY shall reimburse COUNTY with non-CDBG funds in an amount equal to <br />the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) <br />of property acquired or improved with CDBG funds that is sold or transferred for a use which does not <br />qualify under CDBG regulations. <br />11. EFFECTIVE DATES <br />This Agreement shall be effective for all purposes when this Agreement and like agreements have been <br />executed by COUNTY and CITY, properly submitted to HUD, the grantor, by the designated deadline, <br />and approved by HUD. <br />12. OTHER AGREEMENTS <br />Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable <br />to subrecipients, including the requirement of a written agreement set forth in federal regulations at 24 <br />CFR 570.503. COUNTY and CITY will enter into a further written agreement that contains these <br />minimum requirements. Prior to disbursing any CDBG funds to CITY, COUNTY, shall execute said <br />written agreement with CITY. Said agreement shall remain in effect during any period that CITY has <br />control over CDBG funds, including program income. <br />