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4. If any real property acquired or improved by CDBG funds is not used in accordance with one of the national objectives in 24 CFR § 570.208 after five years of expiration of this Agreement, the District shall pay to 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. 5. District's obligations and responsibilities set forth in this paragraph 28 and other requirements pertaining to CDBG funding shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as City and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of City and HUD. 6. The District shall retain all records pertaining to this Agreement for at least four years after final payment by the City and closure of all other pending matters as required by 24 CFR §§ 85.36(i)(11) and 85.42. L. Insurance/Bonding. 1. With respect to performance of work under this Agreement, District shall require that Contractor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: Amount of Amount of Type of Coverage Coverage: Each Occurrence Coverage_ A re ate A. Commercial General Liability Combined, Single Limit $2,000,000 $5,000,000 B. Automobile Liability (Any Auto) Combined, Single Limit $2,000,000 $5,000,000 C. Excess Liability Sufficient to cover the above limits if the above policies do not cover the required limits. D. Employers' Liability $2,000,000 E. Builder's Risk (Course of N/A Construction) F. Workers' Compensation Insurance Statutory Limits The Commercial general liability insurance certificate, shall name the District and City as additionally insured. (Sample Additional Insured Endorsement attached hereto and incorporated herein as Exhibit E). Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 2. District shall require Contractor to post performance and payment bonds to cover the entire construction period. Draft Construction Reimbursement Agreement - City of Santa Ana/SAUSD - MPR/CC 8-28-12 Page 7 25H-11