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<br />D. <br /> <br />STANDARD OF SERVICE <br /> <br />Contractor warrants to City that it will use and account for all funds provided hereunder <br />strictly in accordance with standards governing the use of, and accountability for, funds <br />held and disbursed in trust. Contractor's program funded hereunder shall conform to the <br />highest standards providing for programs of similar or like nature in the San Francisco <br />Bay Area, and in conformance with Building Codes and Regulations.. Contractor shall <br />be responsible for, and hold City harmless from, any failure to adhere to such standards. <br />Contractor shall verify that all activities funded hereunder benefit only residents within <br />City's corporate limits. <br /> <br />E. <br /> <br />NONPROFIT STATUS OF CONTRACTOR <br /> <br />Contractor agrees to maintain its status as a nonprofit corporation and that its failure to do <br />so shall be grounds for termination of this Agreement, and acceleration of the Note. <br /> <br />F, <br /> <br />FORM OF SUBSIDY <br /> <br />Financial assistance provided hereunder shall be in the form of a loan evidenced by a <br />Promissory Note, and secured by Deed of Trust. The amount of the loan shall be <br />$241,400.22 with annual interest on the outstanding balance of 3% on the unpaid balance, <br />over the 30 year affordability term. This loan, principal and interest, shall be due and <br />payable when the eligible use is no longer provided, upon sale, transfer or further <br />encumbrance of the Property or 30 years after the effective date of this Agreement, <br />whichever comes first. <br /> <br />G, <br /> <br />MATCHING FUNDS <br /> <br />City shall provide matching funds credit on behalf of contractor for another HOME <br />eligible project independent of this activity. City shall report matching funds to HUD as <br />required under Section 92.221. <br /> <br />H. <br /> <br />BREACH OF CONTRACT <br /> <br />Applicable federal statutes and regulations, as referred to elsewhere herein govern this <br />Agreement. Any material deviation by Contractor for any reason from the requirements <br />thereof, or from any other provision of this Agreement, shall constitute a breach of this <br />Agreement and may be cause for termination at the election of City or upon the direction <br />of HUD. City may terminate this Agreement for cause after giving Contractor notice of <br />any breach or default and 30 days to cure said breach or default, provided however, that <br />in the event such breach or default cannot be cured within 30 days, Contractor shall have <br />such additional time to cure said default as is reasonably required provided that <br />Contractor has commenced to cure within the ini6al 30 day period and is diligently <br />prosecuting the cure. In the event of tern1ination by whatever means, all finished and <br />unfinished work shall become the property of City, and the City shall have the right to <br />direct Contractor's actions with respect to access to materials. <br /> <br />5 <br />