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and timely performed prior to the mailing or service of the notice <br />of termination, and except for reimbursement of (1) any payments <br />made for services not subsequently performed in a timely and <br />satisfactory manner, and (2) costs incurred by CITY in obtaining <br />substitute performance. <br />D. The grant of funds under this agreement may be <br />terminated for convenience in accordance with 24 CFR 85.44. <br />E. In the event this agreement is terminated as set <br />forth in sub -paragraphs IXA through IXD, inclusive, DEVELOPER <br />agrees to immediately return to CITY upon CITY's demand and prior <br />to any adjudication of DEVELOPER's rights, any and all funds not <br />used. <br />X REVERSION OF ASSETS <br />Upon the expiration of this agreement, DEVELOPER shall <br />transfer to CITY any CDBG funds on hand at the time of the <br />expiration of this agreement as well as any accounts. receivable <br />attributable to the use of CDBG funds. Any real property under <br />DEVELOPER'S control that was acquired or improved in whole or in <br />part with CDBG funds in excess of $25,000.00 must either be: <br />A. Used to meet one of the national objectives stated <br />in 24 CFR 570.208 until five (5) years after expiration of this <br />agreement, or for such longer period of time as determined to be <br />appropriate by CITY; or <br />B. Disposed of in a manner that results in CITY's being <br />reimbursed in the amount of the current fair market value of the <br />property less any portion of the value attributable to the <br />expenditure of non-CDBG funds to acquisition of, or improvement to, <br />the property. <br />Furthermore, DEVELOPER hereby agrees, upon the demand of <br />CITY, to execute, acknowledge and deliver, or to cause any person <br />or entity who may have any claim to rights hereunder or under any <br />document, instrument or agreement executed in furtherance of the <br />services and activities to be performed hereunder, to execute, <br />acknowledge and deliver, to CITY assignment(s), quit claim deed(s) <br />or such other and further instruments, documents and agreements as <br />may be necessary, in the sole and absolute discretion of CITY, to <br />vest in CITY all of DEVELOPER'S right, title and interest ( if any <br />it may have) in and to CITY, CDBG or other federal, state and/or <br />local accounts or program funds or allocation of funds to which <br />CITY is or may be entitled, either for its own account or as <br />fiduciary or trustee for others, which were obtained for the <br />purpose of the performance of this agreement or any previous <br />agreements relating to the same subject matter or activities as <br />this agreement, together with any instruments, loans, grants or <br />Page 8 of 11 Pages <br />