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564 The City may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it partictpates in the Los Angeles Urban County Program. 5 The City may participate in a HOME Program only through the Los Angeles Urban County. Thus, even if the Los Angeles Urban County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments 6. The City and County agree that CDBG and HOME funding is prolubued for any activities in or in support of any cooperating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the Countys action to comply with its fair housing certification 7 Pursuant to 24 CFR 570.501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written Agreement set forth in 24 CFR 570.503 8 The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City Any such program income maybe retained by the City subject to the requirements of this Agreement Such program income may only be used for eligible activities in accordance with all CDBG requirements as may then apply. 9 The County shall be responsible for monitoring and reporting to the U S. Department of Housing and Urban Development (HUD) on the use of any program income; therefore, the City shall be required to maintain appropriate recordkeeping and reporting for this purpose 10 In the event of closeout or changes in status of the City, any program income that is on hand or received subsequent in the close -out or change in status shall be paid to the County 11. All program mcoihe generated from the disposition or transfer of real property acquired or improved by the City, using CDBG and/or HOME funds or program income, during the term of this Agreement, shall be treated as described in Sections 6 through I I of this Agreement. 12 Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME funds or program income, shall be subject to the following standards: L The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of acquisition or improvement. Such notification shall be made prior to the modification or change in use or disposition. b. If such real property is ever sold or transferred for a use which does not qualify as an eligible use under CDBG and/or HOME regulations, the City shall rounburse to the County an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non -CDBG and/or HOME funds. 13 The City shall make available for inspection and audit to County's representatives, upon request, at any time during the duration of this Agreement and during a period of three (3) years, thereafter, all of its books and records relating to CDBG and HOME program income -2- 223