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Agmt 2016 CDBG-CALICO 3045 (2)
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Agmt 2016 CDBG-CALICO 3045 (2)
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Last modified
4/26/2017 4:09:12 PM
Creation date
10/10/2016 5:11:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2016
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PERM
Document Relationships
_CC Agenda 2016 0620 CS + RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0620
8J Consent 2016 0620
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0620
Reso 2016-086
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2016
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8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the <br />insuring parry in writing of its contentions by submitting a claim therefore. The injured party shall continue performing <br />its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service <br />of such notice and completes the cure of such default within thirty (30) days after service of the notice, or such longer <br />period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, <br />safety and general welfare, such immediate action may be necessary. Notwithstanding the foregoing, the City may <br />suspend any further payment of CDBG funds until Subrecipient is in compliance with this Agreement. Compliance <br />with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to <br />any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that <br />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 Agreement, City may, after compliance with the <br />provisions of Section 8.2: <br />a. Temporarily withhold payment of CDBG funds pending correction of the default by <br />Subrecipient; <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 />Wholly or partially suspend or terminate the award and this Agreement; 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 Agreement, the Act or the Regulations. <br />8.4 Termination for Convenience. This Agreement may be terminated for convenience as provided in <br />24 CFR Section 85.44. <br />8.5 Waiver. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any <br />default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by <br />the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other <br />party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and <br />shall not be a waiver of any other default concerning the same or any other provision of this Agreement. <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this Agreement, 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 or <br />in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific performance <br />of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes <br />of the Agreement. <br />8.8 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to <br />any action or proceeding in any way connected with this Agreement, 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 attorney's <br />fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and <br />all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have <br />accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to <br />judgment. <br />9.0 CITY OFFICERS AND EMPLOYEES <br />11 CDBG Agreement with CALICO FY 16-17 <br />
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