3.05.130 Severability.
The provisions of this chapter are severable. If any part of provision hereof is held void by tribal or federal court or federal agency, the decisions of the court or agency so holding shall have affect or impact any remaining provision of the chapter.
(1) Suspension and Termination. This agreement includes the provision that the business council retains the right to suspend or terminate this agreement in accordance with 24 C.F.R. Section 85.43 should the commission in any way materially fail to comply with any term of the award.
(2) Reversion of Assets. Upon the expiration of this agreement, the commission shall transfer to the business council, any ICDBG funds on hand, and any accounts receivable that are attributable to the use of ICDBG funds. All real property under the commission control that was acquired or improved in whole or in part with ICDBG funds under this grant and agreement (including ICDBG funds provided to sub-recipient in the form of a loan).
(a) Be used to meet the primary objectives as stated in applicable regulations until five years after expiration of this agreement; or for such longer period of time as determined to be appropriate by the grantee; or
(b) If not used as stated in subsection (2)(a) of this section, such property shall be transferred to an entity organized to carry out community development activities for the benefit of the tribal membership with particular attention to persons of low and moderate income, to be used or disposed of in accordance with provisions of the Code of Federal Regulations. [Ord. 15-02 § 13, 2015.]