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<br />5.'05 <br /> <br />A. Upon thc cxpiration of this Agrccmcnt, SUBRECIPIENT shall transfcr to CITY any <br />COBG funds on hand at the time of the cxpiration of this Agrcemcnt as wcll as any accounts <br />rcccivablc attributablc to thc usc ofCOBG funds. [24 CFR 570.503(b)(8).] <br /> <br />B. Any rcal propcrty undcr SUBRECIPIENT's control that was acquircd or improvcd <br />in wholc or in part with COBG funds in cxccss of$25,000.00 must cither be: <br /> <br />I. Uscd, whcrc CITY has given writtcn approval, to meet one of thc national <br />objcctivcs stat cd in 24 CFR 570.208 until five (5) ycars aftcr cxpiration of this Agrccmcnt, or for <br />such longcr period of time as determined to be appropriate by CITY; or <br /> <br />2. If not uscd in accordance with subparagraph A above, SUBRECIPIENT <br />shall pay to CITY an amount cqual to the currcnt fair market value of the propcrty lcss any portion <br />of thc value attributable to the cxpenditurc of non-COBG nmds for acquisition of, or improvement <br />to, the propcrty. Such paymcnt is program incomc to CITY. <br /> <br />C. Subject to thc obligations set forth herein, title to cquipmcnt acquired undcr thc <br />tcrms of this Agrccmcnt will vest upon acquisition in SUBRECIPIENT. When said cquipment <br />which has bccn acquired in accordance with this Agrccmcnt and all applicable rcgulations is no <br />longcr nccdcd for said program, disposition of said cquipmcnt will bc made as follows: <br /> <br />I. Itcms of cquipmcnt with a currcnt per unit fair markct valuc of lcss than <br />$5,000.00 may bc rctaincd, sold or othcrwisc disposed of with no furthcr obligation to CITY. <br /> <br />2. Itcms of cquipmcnt with a currcnt fair markct pcr unit valuc of $5,000.00 or <br />morc may bc rctained or sold and CITY shall havc thc right to an amount calculated by multiplying <br />thc currcnt markct value or procecds from the sale by CITY's sharc of fcdcral funds uscd to acquirc <br />thc cquipmcnt, in accordance with 24 CFR 85.32(c)(2). <br /> <br />O. SUBRECIPIENT hercby agrces, upon the demand of CITY, to cxccutc, <br />acknowlcdgc and dcliver, or cause any pcrson or cntity who may havc any claim to rights hcrcundcr <br />or undcr any documcnt, instrumcnt or agreemcnt exccuted in furthcrance of thc scrviccs and <br />activities to be performed hcreundcr, to exccute, acknowlcdge and delivcr, to CITY assignmcnt(s), <br />quit claim decd(s) or such othcr and furthcr instruments, documents and agrcements as may bc <br />neccssary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's <br />right, title and interest (if any it may have) in and to CITY, COBG or other federal, state and/or <br />local accounts or program funds or allocation of funds to which CITY is or may be cntitlcd, eithcr <br />for its own account or as fiduciary or trustec for othcrs, which wcre obtaincd for the purposc of thc <br />pcrformancc of this Agreemcnt or any previous agrcements relating to the same subjcct matter or <br />activitics as this Agreement, together with any instruments, loans, grants or advanccs by <br />SUB RECIPIENT on bchalf of CITY, in furthcrance of the activities hcreunder or thcrcof <br /> <br />SUBRECIPIENT's obligations and responsibilitics sct forth in this paragraph "XI. <br />REVERSION OF ASSETS," and in paragraph "XII. TERMINA nON" and other requircments <br />pcrtaining to program income shall not bc affectcd by the termination of this Agrecment and shall <br /> <br />12 <br />