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25L - CDBG
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06/21/2010
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25L - CDBG
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Last modified
1/3/2012 4:03:00 PM
Creation date
6/17/2010 11:33:12 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25L
Date
6/21/2010
Destruction Year
2015
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5/11/10 <br /> <br /> Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with <br /> limits not 1 ess t han $1, 000,000 pe r a ccident. If S UBRECIPIENT h as no employees, no r <br /> workers' compensation coverage, i t m ust ex ecute a D eclaration available f rom t he C ITY, an d <br /> update as is necessary. <br /> B. SUBRECIl'IENT s hall undertake self-insurance, or shall obtain, a t its s ole c ost, a <br /> policy or policies of commercial general liability insurance, or equivalent form, with a combined <br /> single limit of not less than $1,000,000 per occurrence. <br /> Such i nsurance s hall: (1) na me t he C ity of S anta A na, i is of facers, a gents, <br /> representatives, employees and volunteers as additional insureds; (2) be primary with respect to <br /> insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of <br /> insured's pr ovisions; a nd (4) give to C ITY p rompt a nd time ly n otice of c laim ma de o r s uit <br /> instituted arising out of SUBRECIPIENT's operations hereunder. <br /> SUBRECIPIENT s hall: (a) p rior to e xercising a ny r fight a nder th is A greement, <br /> furnish p roperly executed certificates of i nsurance a nd a dditional i nsured e ndorsement t o t he <br /> CITY which shall clearly evidence all coverages required above; (b) provide that such insurance <br /> shall not be materially changed or terminated except on 30 days prior written notice to the CITY; <br /> (c) m aintain s uch i nsurance f or t he pe riod c overed b y t his A greement;and (d) r eplace s uch <br /> certificates for policies expiring prior to the expiration of this Agreement. <br /> XI. REVERSION OF ASSETS <br /> A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any <br /> CDBG f ands on ha nd a t t he time of the e xpiration of this A greement a s w ell a s a ny a ccounts <br /> receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] <br /> B. Any real property under SUBRECIPIENT's control that was acquired or improved <br /> in whole or in part with CDBG funds in excess of $25,000.00 must either be: <br /> 1. Used, where CITY has given written approval, to meet one of the national <br /> objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for <br /> such longer period of time as determined to be appropriate by CITY; or <br /> 2. If not us ed i n a ccordance w ith s ubparagraph A a bove, S UBRECIPIENT <br /> shall pay to CITY an amount equal to the current fair market value of the property less any portion <br /> of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement <br /> to, the property. Such payment is program income to CITY. <br /> C. Subject t o t he ob ligations s et f orth he rein, t itle t o e quipment a cquired un der t he <br /> terms o f this A greement w ill vest up on a cquisition i n SUBRECIPIENT. When said e quipment <br /> which h as b een acq aired i n acco rdance w ith t his Agreement an d al 1 ap placable r egulations is n o <br /> longer needed for said program, disposition of said equipment will be made as follows: <br /> 12 <br /> 25L-14 <br /> <br />
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