Laserfiche WebLink
which Developer and any of its affiliates, successors or assigns may now have or hereafter <br />obtain against the Indemnitees by reason of, arising out of, relating to, or resulting from in <br />full or in part, the election of Developer to proceed with the Project pursuant to this <br />Agreement except to the extent arising out of the active negligence or willful misconduct <br />of any of the Indemnitees or a breach by the City of any representation, warranty or <br />covenant contained in this Agreement (collectively, "Claims"), which release shall include <br />but not be limited to any Claims for Relocation assistance or benefits under federal, state, <br />local, or any other applicable laws or Governmental Requirements, except to the extent <br />arising out of the active negligence or willful misconduct of any of the Indemnitees or a <br />breach by the City of any representation, warranty or covenant contained in this <br />Agreement. The parties agree that, with respect to the release of Claims as set forth above, <br />all rights under Section 1542 of the California Civil Code and any similar law of any state <br />or territory of the United States are expressly waived. Section 1542 reads as follows: <br />"A general release does not extend to claims that the creditor or releasing party <br />does not know or suspect to exist in his or her favor at the time of executing the <br />release and that, if known by him or her, would have materially affected his or her <br />settlement with the debtor or released party." <br />11.13. Other Program Requirements. Developer shall carry out each activity in <br />compliance with all federal laws and regulations described in subpart H of 24 CFR Part 92, <br />except that Developer does not assume City's responsibilities for environmental review in <br />24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.357. <br />11.14. Request for Disbursements of Funds. Notwithstanding anything <br />contained in this Agreement to the contrary, Developer may not request disbursements of <br />funds under this Agreement until the funds are needed for payment of eligible costs (such <br />funds shall be used solely towards the construction of the Project). The amount of each <br />request shall be limited to the amount needed. <br />11.15. Eligible Costs. Developer shall use HOME -ARP Funds to pay costs <br />defined as "eligible costs" pursuant to the HOME -ARP Notice and, as applicable, in 24 <br />CFR 92.206. <br />11.16. Records and Reports. Developer shall maintain and from time to time <br />submit to City such records, reports and information as the Executive Director may <br />reasonably require in order to permit City to meet the record keeping and reporting <br />requirements required of it pursuant to 24 CFR 92.508 and the HOME -ARP Program. <br />11.17. Uniform Administrative Requirements, Cost Principles, and Audit <br />Requirements for Federal Awards. Developer shall comply with the requirements and <br />standards of 2 CFR Part 200. <br />11.18. Conflict of Interest. Developer shall comply with and be bound by the <br />conflict of interest provisions set forth at 24 CFR 92.356, as well as state regulations <br />pertaining to conflict of interest. <br />11.19. Monitoring. Developer shall allow the City to conduct periodic inspections <br />32 <br />WISEPIace Permanent Supportive Housing <br />City HOME -ARP Loan Agreement <br />