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4. The Agency acknowledges that the City will not provide additional financial <br /> assistance to the Agency in the form of operational or capital subsidies for the <br /> Project under this Loan Agreement. If Project income, including rents (if any) <br /> charged, is insufficient to cover operating, maintenance, and capital costs, the <br /> Agency agrees to assume full financial responsibility for the operating and <br /> maintenance of the Project throughout the term of this Loan Agreement. <br /> D. HOME Award Retainage <br /> Five percent (5%) of the HOME Award will be retained by the City until the <br /> Project is completed and the Agency submits the following documentation: <br /> 1. Documentation demonstrating that all HOME Program assisted units meet the <br /> applicable codes, and the Uniform Property Condition Standards (UPCS) or <br /> other HOME required property standards. <br /> 2. A Certificate of Occupancy issued by the local building department, if <br /> applicable. <br /> 3. A listing of the HOME-Assisted Units with tenant information necessary to <br /> demonstrate compliance with HOME Program requirements and with <br /> affordable rental housing provisions contained in 24 CFR § 92.252. <br /> 4. Certification from the Project architect or 3rd Party, as approved by the City, <br /> that the completed units meet Section 504 accessibility standards. <br /> 5. Other Project Close Out Reports/Submittals as identified in Section V.B.1, <br /> herein. <br /> 6. The HOME-Assisted Units must meet the affordability requirements of 24 <br /> CFR §92.252. In the event the HOME-Assisted Units do not meet the HOME <br /> affordability requirements for the specified term of the loan per Section I, <br /> Subsection G, the HOME funds shall be repaid. <br /> E. Repayment of HOME Funds <br /> During and until completion of the HOME Compliance Period, the Agency shall <br /> return to the City funds disbursed to it under this Loan Agreement upon the <br /> occurrence of any of the following events: <br /> 1. HOME-assisted activities are cancelled; <br /> 2. Overpayments are made, to the extent of those overpayments; <br /> 3. If payments are made for activities that are later determined to be ineligible; <br /> or <br /> Amended HOME Loan Agreement <br /> Housing Hope's Kennedy Court Improvement Project <br /> Page 32 of 53 <br />