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NSP3 Closeout Attachment DAttachment D GRANT CLOSEOUT AGREEMENT For Neighborhood Stabilization Program 3 Between Montana Department of Commerce Community Development Division 301 S Park Ave. Helena, MT 59620 AND City of Kalispell 201 1 st Avenue East Kalispell, Montana 59901 This agreement sets forth the terms for final disposition and conditions associated with the closeout of Commerce Neighborhood Stabilization Program 3 Grant MT-NSP- 12-007-0 1 -001 provided pursuant to the grant agreement dated July 9, 2012, and any applicable amendments. The City of Kalispell certifies that to the best of its knowledge: • All activities as authorized by the grantee's application and contract and any applicable amendments have been completed as described in the grantee's final Quarterly Performance Report (QPR) dated December 2013. • No fraud, waste or mismanagement has occurred in carrying out the grant. If fraud, waste or mismanagement has occurred, appropriate action has been taken to address it. NSP grantees were statutorily required to use not less than 25 percent of the NSP grant (initial allocation plus program income) to house individuals or families whose incomes do not exceed 50 percent of area median income. • The City of Kalispell has expended and met the national objective with an amount equal to or greater than the total set -aside requirement for program income and the original grant, and Commerce acknowledges that the grantee has met the 25 percent set aside requirement. Further, the City of Kalispell hereby acknowledges the remaining obligation(s) under the terms of the grant agreement and agrees as follows: • All of the applicable NSP regulations will apply to program income generated unless otherwise stated in the Notice of Neighborhood Stabilization Program Closeout Requirements and Recapture published on November 27, 2012 at 77 F.R. 70799. • All records and documents pertaining to this grant will be maintained for a period of 4 years after execution of this closeout agreement, or 5 years after the completion of a project, whichever may be longer. Additionally all records related to the affordability of a project must be maintained for 5 years after the affordability period comes to an end. 1of2 Neighborhood Stabilization Program (NSP) Grant Closeout Agreement Montana Department of Commerce 2016 • For grantees with ongoing CDBG grants, any real property within the City of Kalispell's control which was acquired or improved in whole or part using NSP funds in excess of $25,000 is governed by the principles described in 24 CFR 570.505. Commerce maintains the right to conduct future monitoring of this grant, either on site or by review of information or copies of documents requested from the City of Kalispell. The City of Kalispell acknowledges that a finding of noncompliance resulting from such a review and failure to take appropriate corrective action satisfactory to Commerce may be taken into account by Commerce as evidence of unsatisfactory performance, in consideration of future grant awards. Further the City of Kalispell may be required to repay Commerce any disallowed costs based on the review results of a future audit or monitoring. City of Kalispell Date Signature For the Department of Commerce: Jennifer Olson, Grants Bureau Chief Signature Date 2of2 Neighborhood Stabilization Program (NSP) Grant Closeout Agreement Montana Department of Commerce 2016 • For grantees with ongoing CDBG grants, any real property within the City of Kalispell's control which was acquired or improved in whole or part using NSP funds in excess of $25,000 is governed by the principles described in 24 CFR 570.505. Commerce maintains the right to conduct future monitoring of this grant, either on site or by review of information or copies of documents requested from the City of Kalispell. The City of Kalispell acknowledges that a finding of noncompliance resulting from such a review and failure to take appropriate corrective action satisfactory to Commerce may be taken into account by Commerce as evidence of unsatisfactory performance, in consideration of future grant awards. Further the City of Kalispell may be required to repay Commerce any disallowed costs based on the review results of a future audit or monitoring. City of Kalispell Date Signature For the Department of Commerce: �-kr I cw — 11 — 6 Jennifer Olson. 1.is Date Ntv C- S igna e 2of2 Neighborhood Stabilization Program (NSP) Grant Closeout Agreement Montana Department of Commerce 2016