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REV: 11-20-23 SK
<br />A. Upon the expiration or earlier termination of this Agreement, Subrecipient
<br />will return to City any CDBG funds on hand at such time and any accounts
<br />receivable attributable to the use of CDBG funds.
<br />B. Upon the expiration or earlier termination of this Agreement, any real
<br />property under Subrecipient's control that was acquired or improved in whole or in
<br />part with CDBG funds (including CDBG funds provided to Subrecipient in the form
<br />of a loan) in excess of $25,000 be either: (i) Used to meet one of the national
<br />objectives in 24 CFR Section 570.208 (formerly §570.901) until five years after
<br />expiration of the agreement, or for such longer period of time as determined to be
<br />appropriate by the recipient; or (ii) When not used in accordance with Subsection
<br />14(B)(i) above, Subrecipient will pay City an amount equal to the current market
<br />value of the property less any portion of the value attributable to expenditures of
<br />non-CDBG funds for the acquisition of, or improvement to, the property. No
<br />payment is required after the five-year period specified in Subsection 14(B)(i) has
<br />expired.
<br />15. CONTRACTOR’S STATUS. In the performance of the obligations set forth in this
<br />Agreement, Subrecipient will have the status of an independent contractor and will not be
<br />deemed to be an employee, agent or officer of City.
<br />16. SUBCONTRACTING. Subrecipient will not subcontract any portion of the Project
<br />without prior written approval of City. If Subrecipient subcontracts any portion of the
<br />Project, Subrecipient will be fully responsible to City for the acts and omissions of
<br />Subrecipient’s subcontractor and of the persons either directly or indirectly employed by
<br />Subrecipient. Nothing contained in this Agreement will create any contractual relationship
<br />between any subcontractor of Subrecipient and City. Subrecipient will be responsible for
<br />payment of subcontractors. Subrecipient will bind every subcontractor and every
<br />subcontractor of a subcontractor by the terms of this Agreement applicable to
<br />Subrecipient’s work unless specifically noted to the contrary in the subcontract and
<br />approved in writing by City.
<br />17. HOLD HARMLESS. Subrecipient will defend, indemnify and hold harmless City,
<br />its Council, officers, boards, commissions, agents and employees (collectively,
<br />“Indemnitees”) against and from any and all claims, suits or actions of every name, kind
<br />and description (“Claims”), which may be brought against Indemnitees, or any of them,
<br />by reason of any injury to, or death of, any person (including corporations, partnerships,
<br />and associations) or damage suffered or sustained by any such person or property
<br />damage (including loss of use thereof) arising from, or alleged to have arisen from, any
<br />act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or
<br />employees under this Agreement. Subrecipient will bear all losses, costs, damages,
<br />expense and liability of every kind, nature and description, including attorney’s fees,
<br />experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such
<br />Claims, whether directly or indirectly.
<br />The duty of Subrecipient to defend, indemnify and hold harmless, as set forth herein, will
<br />include the duty to defend as set forth in Section 2778 of the California Civil Code;
<br />provided, however, that nothing herein will be construed to require Subrecipient to
<br />ATTY/AGR.2023.281/Rebuilding Together Peninsula (FY23-24 CDBG Agreement - Safe at Home) (Page 6 of 15)
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