My WebLink
|
Help
|
About
|
Sign Out
Home
Agmt 2010 Eden Council for Hope and Opportunity ECHO Housing
CityHall
>
City Clerk
>
City Council
>
Agreements
>
2010
>
Agmt 2010 Eden Council for Hope and Opportunity ECHO Housing
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/24/2010 3:14:49 PM
Creation date
6/24/2010 3:14:48 PM
Metadata
Fields
Template:
CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2010
Retention
PERM
Document Relationships
Reso 2010-076
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2010
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
16
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
danger to the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the <br />foregoing, the City may suspend any further payment of CDBG funds until Subrecipient is in compliance with this <br />contract. Compliance with the provisions of this Section shall be a condition precedent to termination of this contract <br />for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action <br />in the event that the depute is not cured. <br />8.3 Remedies Upon Default by Subrecipient. In addition to any other rights or remedies available at <br />law or in equity, if Subrecipient fails to fulfill its obligations under this contract, City may, after compliance with the <br />provisions of Section 8.2: <br />Subrecipient; <br />a. Temporarily withhold payment of CDBG funds pending correction of the default by <br />b. Refuse to advance all or any part of the CDBG funds for the project and reallocate said funds <br />to another activity; <br />c. Wholly or partially suspend or terminate the award and this contract; and; <br />d. Withhold further awards for the project and/or the facility; and <br />e. Require Subrecipient to repay any CDBG funds that the City determines were not expended <br />in compliance with the requirements of this contract, the Act or the regulations. <br />8.4 Termination for Convenience. This contract may be terminated for convenience as provided in 24 <br />CFR Section 85.44. <br />8.5 Waiver. No delay or omission in the exercise of any right or remedy by anon-defaulting party on <br />any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any <br />act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary <br />the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in <br />writing and shall not be a waiver of any other default concerning the same or any other provision of this contract. <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this contract, the rights and remedies of the parties are cumulative and the exercise by <br />either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br />times, of any other rights or remedies for the same default or any other default by the other party. <br />8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law <br />or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific <br />performance of this contract, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with <br />the purposes of the contract. <br />8.8 Attorneys' Fees. If either parry to this contract is required to initiate or defend or made a party to <br />any action or proceeding in any way connected with this contract, the prevailing party in such action or proceeding, <br />in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable <br />attorney's fees. Attorney fees shall include attorney's fees on any appeal, and in addition a party entitled to <br />attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and <br />discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be <br />deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is <br />prosecuted to judgment. <br />9.0 CITY OFFICERS AND EMPLOYEES <br />-10- <br />CDBG Agreement with ECHO Housing - <br />Tenant/Landlord Counseling FY10-11 <br />
The URL can be used to link to this page
Your browser does not support the video tag.