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LOCAL HOUSING INCENTIVES ACCOUNT <br />3.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner <br />as all other accounts and records of the Grantee are audited and may be audited or inspected on the <br />Grantee's premises or otherwise by individuals or organizations designated and authorized by the <br />Council at any time, following reasonable notification to the Grantee, for a period of six (6) years <br />following the completion of the Project activities or six (6) years following the expenditure of the <br />grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5, <br />the books, records, documents and accounting procedures and practices of the Grantee that are <br />relevant to this Agreement are subject to examination by the Council and either the Legislative <br />Auditor or the State Auditor, as appropriate, for a minimum of six (6) years. <br />3.03. Reporting and Continuing Requirements. The Grantee will report to the Council on <br />the status of the Project activities described or identified in Attachment A, the expenditures of the <br />grant funds, and the source and expenditure of the dollar -for -dollar match funds required under <br />Section 2.03. Submission of properly completed payment request forms (with proper documentation) <br />required under Section 2.11 will constitute periodic status reports. The Grantee also must complete <br />and submit to the Council a grant activity closeout report. The closeout report form must be <br />submitted within 120 days after the expiration or termination of this Agreement, whichever occurs <br />earlier. Within 120 days after the Expiration Date, the Grantee must complete and submit to the <br />Council a certification of expenditures of funds form signed by the Grantee's chief financial office]- <br />or <br />fficeror finance director. The Council will determine the form and content of the closeout report and <br />certification form. These reporting requirements and the reporting requirements of Sections 2.06 and <br />2.07 shall survive the expiration or termination of this Agreement. <br />3.04. Environmental Site Assessment. The Grantee represents that a Phase I Environmental <br />Site Assessment or other environmental review has been or will be carried out, if such environmental <br />assessment or review is appropriate for the scope and nature of the Project activities funded by this <br />grant, and that any environmental issues have been or will be adequately addressed. <br />IV. AGREEMENT TERM <br />4.01. Term. This Agreement is effective upon execution of the Agreement by both the Council <br />and the Grantee. Unless terminated pursuant to Section 4.02, this Agreement expires on the <br />Expiration Date identified at Page 1 of this Agreement. ALL GRANT FUNDS NOT EXPENDED <br />BY THE GRANTEE PRIOR TO THE EXPIRATION DATE SHALL REVERT TO THE <br />COUNCIL. <br />4.02. Termination. This Agreement may be terminated by the Council for cause at any time upon <br />fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this <br />Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the <br />Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities <br />described or identified in Attachment A that have been completed prior to the termination. <br />Termination of this Agreement does not alter the Council's authority to recover grant funds on the <br />basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant <br />funds due to the Council as a result of later audits or corrections. If the Council determines the <br />Grantee has failed to comply with the terms and conditions of this Agreement and the applicable <br />provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect <br />515311v2 MU205-47 <br />Page 8 of 12 pages <br />6mdevard Projeel rev. 1119117 <br />