2021-026-E Housing-NC Dept of Commerce CDBG-CV grant_Agreement

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DocuSign Envelope ID:6D54E8BA-1794-4F70-B78E-1EA897E6B473 handicapped as may be required by applicable laws,rules,regulations or requirements. Additionally,Recipient must comply with the following (as may be applicable to CDBG projects): a. Architectural Barriers Act of 1968 (P.L. 90-480). This act requires Recipient to ensure that certain buildings constructed or altered with CDBG funds are readily accessible to the physically handicapped. b. Minimum Guidelines and Requirements for Accessible Design 36 C.F.R. Part 1190. These regulations establish guidelines for implementing the federal acts described in 4 N.C.A.C.19L.1007(1)(a). The regulations provide technical standards which must be met by Recipient. c. Americans with Disabilities Act["ADA"] and the ADA Accessibility Guidelines for Buildings and Facilities or the Uniform Federal Accessibility Standards. d. North Carolina Building Code, Volume I, Chapter 11-X. These provisions describe minimum standards Recipient must meet in constructing or altering building and facilities,to make them accessible to and useable by the physically handicapped. 25. Change of Use of Real Property. Recipient agrees not to change the use or planned use of any property acquired with CDBG-CV funds from that for which the acquisition or improvement was made,in accordance with this Agreement and applicable law,rule, regulation or requirement,unless(i)the DOC grants explicit written approval and(ii)the requirements of 24 C.F.R. § 570.4890),24 C.F.R. § 570.505 and other applicable requirements are followed, as modified(or as may be modified)by HUD or DOC. 26. Obligation of Recipient with Regard to Vacant Units. The recipient shall ensure that all vacant units being rehabilitated will be occupied by a low-or-moderate income person by the time close-out occurs. 27. Utility Assessments or Fees: Assessments or fees to recover the CDBG-CV funded portion of a utility project may be charged to properties not owned and occupied by low-and-moderate income persons. Such assessments are program income and, as such must be used for eligible CDBG or CDBG-CV activities that meet a CDBG national objective. 28. False or Misleading Information. Recipient is advised that providing false, fictitious or misleading information with respect to CDBG funds may result in criminal, civil, or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801, or another applicable statute. Recipient shall promptly refer to DOC and HUD's Office of the Inspector General any credible evidence that a principal,employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,bribery, gratuity, or similar misconduct involving CDBG funds. 29. Disputes with DOC. If Recipient has any disagreement or dispute with any action or inaction by DOC,Recipient shall inform DOC by letter addressed to Iris C. Payne,Director, N C Department of Commerce—Rural Economic Development Division,4346 Mail Service Center,Raleigh,NC 27699-4346. The Rural Economic Development Division ["REDD"] will endeavor to respond in writing to said letter within 30 days from receipt. Recipient shall not be entitled to a hearing under Chapter 150B for matters described in N.C. Gen. Stat. § 15013(c)(8), added by N.C. Senate Bill 960, including matters related to"contracts, disputes, 8