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(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided <br />hereunder. <br />(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT <br />warrants that (i) it has thoroughly investigated and considered the services to be performed and provided <br />hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully <br />understands the facilities, difficulties and restrictions attending performance of the services under this <br />Agreement. <br />(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, <br />delivery and performance of its obligations under this Agreement will not constitute a default or a breach <br />under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. <br />(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy <br />proceeding. <br />(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or <br />threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this <br />Agreement. <br />(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S <br />application for funding submitted to CITY including any exhibits are true and correct in all material <br />respects. <br />(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current <br />or threatened criminal or civil action investigation by any public agency, including without limitation a <br />police agency or prosecuting authority, that would relate to affect performance of the Agreement or <br />provision of services hereunder. <br />B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to <br />SUBRECIPIENT is $600 000 ("CDBG FUNDS"), for the term of July 1, 2021± through June 30, 2022 for <br />Santa Elnita Park Improvements Phase II. Such funds shall be expended by SUBRECIPIENT on or before <br />June 30, 2022. The Term of this Agreement may be extended by a writing executed by the City Manager, <br />or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to <br />SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly <br />activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the.condition <br />precedent of submittal of complete reporting information due on or before July 15 of the applicable <br />funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such <br />duties as would normally extend beyond the term, including, but not limited to, obligations with respect to <br />indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the <br />required documentation and reporting will cause CITY to withhold all or a portion of a request for <br />reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such <br />documentation and reporting has been received and approved by CITY. <br />The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates <br />that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. <br />Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. <br />C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to <br />SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached <br />2 <br />