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8 <br />13. Section 504 and ADA. Recipients must complete the Section 504 Survey and <br />Transition Plan. This plan will not satisfy all the requirements of the Americans <br />with Disabilities Act, but it will meet the minimum requirements for a CDBG <br />assisted project. <br />14. Obligation of Recipient With Regard to Vacant Units. The recipient shall ensure <br />that all vacant units being rehabilitated will be occupied by a low or moderate <br />income family by the time close-out occurs. <br />15. Utility Assessments or Fees: Assessments or fees to recover the CDBG funded <br />portion of a utility project may be charged to properties not owned and occupied by <br />low and moderate income persons. Such assessments are program income and, as <br />such, must be used for eligible CDBG activities that meet a CDBG national <br />objective. <br />16. Schedule for Release of Conditions and Completion Activities. The recipient <br />must satisfy Funding Approval Conditions to release CDBG funds within 90 <br />days (June 29, 2004) from the- date (April 1, 2004) the Grant Agreement and <br />Funding Approval are signed by the DCA Director. The recipient must draw <br />down all CDBG funds, expend all local non-CDBG funds and complete all project <br />activities in conformance with the activities implementation schedule in the <br />application as modified by the Performance Contract. The recipient must obligate <br />all funds within 27 months (July 1, 2006} from the date the Grant Agreement <br />and Funding Approval are signed by the DCA Director. All funds are to be <br />expended within 30 months (October 1, 2006) from the date the Grant <br />Agreement and Funding Approval are signed by the DCA Director. Any <br />remaining funds will be de-obligated. All closeout documents must be <br />returned to DCA by (January 1, 2007). Consistent with Section .1104 of the <br />program regulations (4NCAC 19L), based on review of the recipient's performance <br />for conformance with the approved application and approved performance <br />schedules, the Secretary of Commerce may withdraw the grant, except for funds <br />already expended. <br />4 <br />