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B. Real property under Subrecipient's control that was acquired or improved, in <br />whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one <br />of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after <br />expiration of this Agreement (or such longer period of time as the City deems appropriate). If <br />Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National <br />Objective for the prescribed period of time, Subrecipient shall pay City an amount equal to the <br />current fair market value of the property less any portion of the value attributable to expenditures <br />of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall <br />constitute program income to City. Subrecipient may retain real property acquired or improved <br />under this Agreement after the expiration of the five-year period (or such longer period of time <br />as City deems appropriate). <br />C. In all cases in which equipment acquired, in whole or in part, with funds under <br />this Agreement is sold, the proceeds shall be Program income (prorated to reflect the extent to <br />that funds received under this Agreement were used to acquire the equipment). Equipment not <br />needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City <br />(an amount equal to the current fair market value of the equipment less the percentage of non- <br />CDBG funds used to acquire the equipment). <br />Section 9. Non -Discrimination. <br />A. Subrecipient shall comply with Executive Order 11246 which requires that during <br />the performance of this Agreement, and Subrecipient shall not discriminate against any <br />employee or applicant for employment because of race, religion, sex, color, or national origin. <br />Such action shall include, but not be limited to the following: employment, upgrading, demotion, <br />or transfer, rates of pay or other forms of compensation, and selection for training, including <br />apprenticeship. Subrecipient shall post in conspicuous places, available to employees and <br />applicants for employment, notices to be provided by and Subrecipient setting forth the <br />provisions of this nondiscrimination clause. <br />B. Subrecipient shall comply with Title VI of the Civil Rights Act of 1964 as <br />amended which provides that no person shall, on the ground of race, color or national origin, be <br />excluded from participation in, be denied the benefits of, or be subject to discrimination tinder <br />any program of activity receiving federal financial assistance. <br />C. No person shall, on the grounds of race, color, religion, sex (including pregnancy, <br />sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic <br />information (including family medical history), be excluded from participation in, be refused the <br />benefits of, or otherwise be subject to discrimination in any activities, programs or employment <br />supported by this Agreement. Subrecipient is prohibited from discrimination on the basis of age <br />or with respect to an otherwise qualified handicapped person as provided for under Section 109 <br />of the Housing and Community Development Act of 1974, as amended. <br />D. Subrecipient shall comply with the Age Discrimination Act of 1975 which <br />requires that, during the performance of this Agreement, and Subrecipient shall not discriminate <br />against any employee or applicant for employment because of age. Such action shall include, but <br />not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or <br />other forms of compensation, and selection for training, including apprenticeship. Subrecipient <br />Page 8 of 14 <br />