Agmt25Villa Montgomery Elevator Rehabilitation

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REV: 02-07-25 LF a. Upon the expiration or earlier termination of this Agreement, Subrecipient will return to City any CDBG funds on hand at such time and any accounts receivable attributable to the use of CDBG funds. b. Upon the expiration or earlier termination of this Agreement, any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to Subrecipient in the form of a loan) in excess of $25,000 be either: (i) Used to meet one of the national objectives in 24 CFR Section 570.208 (formerly §570.901) until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) When not used in accordance with Subsection 14(B)(i) above, Subrecipient will pay City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period specified in Subsection 14(B)(i) has expired. 15. SUBRECIPIENT’S STATUS. In the performance of the obligations set forth in this Agreement, Subrecipient will have the status of an independent contractor and will not be deemed to be an employee, agent or officer of City. 16. SUBCONTRACTING. Subrecipient will not subcontract any portion of the project without prior written approval of City. If Subrecipient subcontracts any portion of the project, Subrecipient will be fully responsible to City for the acts and omissions of Subrecipient’s subcontractor and of the persons either directly or indirectly employed by subcontractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Subrecipient and City. Subrecipient will be responsible for payment of subcontractors. Subrecipient will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to the services and/or work of Subrecipient’s subcontractor and every subcontractor of a subcontractor including but not limited to the indemnification obligations hereunder, and the insurance requirements outlined in Exhibit “D” including all sub-sections thereunder. 17. HOLD HARMLESS. Subrecipient will defend, indemnify and hold harmless City, its Council, officers, boards, commissions, agents and employees (collectively, “Indemnitees”) against and from any and all claims, suits or actions of every name, kind and description (“Claims”), which may be brought against Indemnitees, or any of them, by reason of any injury to, or death of, any person (including corporations, partnerships, and associations) or damage suffered or sustained by any such person or property damage (including loss of use thereof) arising from, or alleged to have arisen from, any act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or employees under this Agreement. Subrecipient will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorney’s fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly. ATTY/AGR.2025.019/First Community Housing (Villa Montgomery - Elevator Rehab Project) (Page 7 of 26)