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REV: 08-23-24 LF <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 receivable <br />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 part <br />with CDBG funds (including CDBG funds provided to Subrecipient in the form of a loan) <br />in excess of $25,000 shall either be: (i) Used to meet one of the national objectives in 24 <br />CFR Section 570.208 (formerly §570.901) until five years after expiration of the <br />agreement, or for such longer period of time as determined to be appropriate by the <br />recipient; or (ii) When not used in accordance with Subsection 14(B)(i) above, <br />Subrecipient will pay City an amount equal to the current market value of the property <br />less any portion of the value attributable to expenditures of non-CDBG funds for the <br />acquisition of, or improvement to, the property. No payment is required after the five-year <br />period specified in Subsection 14(B)(i) has expired. Notwithstanding the above, upon <br />expiration or earlier termination of this Agreement, Subrecipient shall have no <br />responsibility for ensuring that the properties rehabilitated using the CDBG funds continue <br />to meet one of the national objectives and such responsibility shall rest with the City as <br />the holder of the loans provided pursuant to this Agreement. <br />15. SUBRECIPIENT'S STATUS. In the performance of the obligations set forth <br />in this Agreement, Subrecipient will have the status of an independent contractor and will <br />not be deemed to be an employee, agent or officer of City. <br />16. SUBCONTRACTING. Subrecipient will not subcontract any portion of the <br />Project without prior written approval of City. Subrecipient shall be allowed to enter into <br />contracts for the rehabilitation work on individual properties with licensed contractors, <br />provided that such contractors shall be selected in conformance with all applicable CDBG <br />laws and regulations, and approved by the City. Subrecipient will be fully responsible to <br />City for the acts and omissions of Subrecipient's subcontractor or contractor, and of the <br />persons either directly or indirectly employed by Subrecipient. Nothing contained in this <br />ATTY/AGR.2024.147/Habitat for Humanity Greater San Francisco Bay Area (Habitat for Humanity - Home Rehabilitation Program) (Page 8 of 24)