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HomeMy WebLinkAbout08481ORDINANCE NO. 8481 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PUEBLO AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, ESTABLISHING PROJECT HO1141 AND TRANSFERING $250,000 FROM HO1140 TO HO1141, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Agreement dated May 14, 2012 between the Housing Authority of the City of Pueblo, and the City of Pueblo, a Municipal Corporation, (“the Agreement”), for the development of affordable housing, substantially in the form as attached hereto with such minor changes as the President of the City Council and the City Attorney shall approve, is hereby approved. SECTION 2. Project No. HO1141 – Villas at Oakshire is hereby established, and funds in the amount of $250,000 are hereby transferred from HO1140 –Rehab/Infill/New Construction to said project. SECTION 3. The President of the City Council is hereby authorized to execute and deliver the Agreement in the name of the City, and the City Clerk at attest the same, by and on behalf of the City of Pueblo. SECTION 4. This Ordinance shall become effective upon final approval and passage. INTRODUCED: May 14, 2012 BY: Sandy Daff COUNCIL PERSON PASSED AND APPROVED: May 29. 2012 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # S-1 May 14, 2012 DEPARTMENT: HOUSING AND CITIZEN SERVICES DIRECTOR – ADA RIVERA CLARK TITLE AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PUEBLO AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, ESTABLISHING PROJECT HO1141 AND TRANSFERRING $250,000 FROM HO1140 TO HO1141, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME ISSUE Shall City Council approve a $250,000grant to the Housing Authority of the City of Pueblo for the construction of single-family rental housing? RECOMMENDATION Approval of the Ordinance. BACKGROUND The Housing Authority has applied and received Low Income Housing Tax Credits (LIHTC) from the State of Colorado for the Project commonly known as Villas at Oakshire. The Housing Authority has applied to the Department of Housing and Citizen Services for $250,000 in HOME funds. The funds will be provided as a grant. Total project cost is $6.5 million. The funds are to be used for the construction of 29-units of single family rental housing located at the Oakshires Subdivision in Eastwood Heights. The units will serve households at or below 60% of the median income of $39,380. HOME will require a 20-year affordability period. The LIHTC requires a 40 year affordability period. FINANCIAL IMPACT The funding is available in the 251 Fund project HO1140, which was previously budgeted and appropriated by the City Council for affordable housing projects. This Ordinance establishes project HO1141-Villas at Oakshire and transfers $250,000 from HO1140 to HO1141 for this project. CITY OF PUEBLO AFFORDABLE HOUSING DEVELOPMENT AGREEMENT This Agreement is made and entered into this 14th day of May, 2012, by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and the Housing Authority of the City of Pueblo, a public housing authority (hereinafter referred to as "HAP "). WITNESSETH, that: WHEREAS, the City has entered into agreements with the U.S. Department of Housing and Urban Development ( "HUD "), whereby federal financial assistance may be made available to City on behalf of the Pueblo Consortium ( "Consortium "), established under Agreements between City and Pueblo County, Colorado ( "County "), as a Participating Jurisdiction for the purpose of expanding the availability of affordable housing pursuant to the Home Investment Partnerships Act ( "the Act ") (42 U.S.C. 12701 et. seq.), the Cranston - Gonzales National Affordable Housing Act and implementing regulations, including but not limited to those at 24 CFR Part 92; and WHEREAS, in accordance with the provisions of the Act and 24 CFR Sections 92.200 and 92.205, a portion of such financial assistance, subject to deobligation (and subject to appropriation with respect to any assistance payable out of future fiscal year allotments), may be made available to qualifying non -profit entities for the purpose of carrying out specific elements of the participating jurisdiction's housing strategy including new construction of affordable rental housing; and WHEREAS, HAP has submitted a project proposal for new construction of rental housing to create affordable housing in fulfillment of a portion of the City's and Consortium's housing strategy and has been selected to receive a grant for such project; WHEREAS, HAP has represented to City and the Consortium that it is a duly qualified public housing authority which is eligible and willing to undertake its proposed affordable housing project, as set forth in its application, as further amended by this Agreement and the attachments hereto; and WHEREAS, based upon HAP's representations, the Consortium and the City believe HAP is capable or can reasonably be expected to become capable of carrying out said project, and City is willing to allocate federal funds as a grant to HAP for investment in housing to be developed, sponsored or assisted by HAP which will comply with and fulfill said approved elements of City's housing strategy; WHEREAS, HAP has applied for and received from the Colorado Housing and Financing Authority a preliminary reservation of Federal Low - Income Housing Tax Credits in the amount of $503,608 for allocation to HAP's project upon placement of the housing in service; and C: \PROGRAM FILLS \OPTIVIEW \OVTEMP \TEMP\1 0481870 \SL'PP_DOCS \9A00000I00001 .DOCX WHEREAS, the City is duly authorized to enter into this Agreement for and on behalf of the Consortium and to undertake all actions required by this instrument; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, terms and conditions set forth herein, the parties agree as follows: 1. HAP SERVICES. (a) HAP shall, directly or indirectly, in accordance with all applicable federal, state and local laws and regulations, undertake the construction of a new twenty -nine (29) unit affordable housing project for low to moderate income households, with six (6) of the housing units being assisted hereunder, in furtherance of the Consortium's housing strategy and as approved by the City. The affordable housing project, as described herein, may be referred to as the "Villas at Oakshire Project" or the "Project." HAP may undertake same as the Project sponsor with ownership of the Project to be held by either the HAP or by a limited liability partnership or limited liability limited partnership in which HAP acts as the special limited partner, or by a limited liability company in which HAP is the managing member. HAP shall satisfactorily perform and complete, or cause to be performed and completed, all services and items of work, and the furnishing of all labor and materials encompassed within or reasonably necessary to construct all of the improvements for the Project, and accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference, in full compliance with all of the provisions of this Agreement. Before proceeding with the Project, HAP shall furnish City with all reasonable information which City may request concerning the Project, execute all certifications, security instruments required by this Agreement and applicable laws and regulations, demonstrate eligibility of the Project for assistance under this Agreement and the Act, and obtain the written approval of City's authorized representatives as to the Project, which approval will not be unreasonably withheld. (b) HAP warrants and represents that (i) it has the requisite authority and capacity to perform all terms and conditions on HAP's part to be performed hereunder; (ii) that it is duly organized as a public housing authority under the laws of the State of Colorado, including but not limited to the Colorado Housing Authority Law, as amended, §29 -4 -201 et seq., C.R.S. (Vol. 9, 2000); (iii) that it is aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 24 CFR Part 92 and those identified in Exhibit "C" hereto; and (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions. (c) Time is of the essence hereof. HAP agrees that it shall meet the following deadlines with respect to the Project: (i) HAP shall obtain satisfactory evidence that it or the Owner of the Project has the financial ability to undertake and construct the Project, including proof that it has secured approval for tax credits, obtained loan commitments for a construction loan and the primary loan permanent financing for the Project, and furnish such evidence to City, on or before May 11, 2012. C: \PROGRAM FILES \OPTI VIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A000001000tDOCX (ii) HAP or Owner shall obtain all required loans on or before July 1, 2012; (iii) HAP or the Project Owner shall commence construction of the Project not later than July 15, 2012; (iv) HAP or the Project Owner shall substantially complete construction of the Project not later than March 1, 2013; and (v) Lease -up of the Project shall be accomplished by not later than June 30, 2013. 2. ROLE AND RESPONSIBILITIES OF THE CITY. Under this Agreement, the City is acting on behalf of the Consortium. Notwithstanding the foregoing, all obligations of HAP under this Agreement shall run directly to City and be fully enforceable by City and in the name of the City. The City shall designate a representative of the City who will be authorized to make all necessary decisions required of the City on behalf of the City in connection with the performance of this Agreement, approval of the Project to be undertaken by HAP hereunder and the disbursement of funds in connection therewith. In the absence of such a designation, the City Manager shall be deemed as City's authorized representative. 3. FINANCIAL ASSISTANCE AND METHOD OF PAYMENT. (a) Upon execution of all documents required by City, the City will grant to HAP an amount up to that specified in paragraph (c) of this section as the public investment in the Project assisted under this Agreement. Disbursement of funds to HAP is subject to all of the following requirements, which shall be conditions precedent to payment: (i) that HAP or the Owner of the Project has expended funds after June 1, 2012 for eligible approved expenditures with respect to the Project, (ii) that neither HAP nor the Owner is in default of any material provision of this Agreement nor applicable law or regulation, (iii) that HAP has timely submitted requests for disbursement detailing the eligible draw -down items in a format approved by City, (iv) that HAP has certified with each payment or loan draw -down request compliance with the requirements identified in Exhibit "C" and that all expenditures for which draw -down is sought were made for and in furtherance of the Project and are an eligible use of federal assistance under the Act, and (v) that City has timely received from HUD sufficient federal assistance under the Act to pay the disbursement hereunder. (b) Payment hereunder is also subject to and may only be disbursed in accordance with HUD regulations including but not limited to those at 24 CFR Part 92, as presently promulgated and as same may be revised from time to time in the future. All payments received by HAP hereunder are subject to repayment by HAP as provided in 24 CFR Part 92. Funds provided hereunder for Project may only be used for development hard costs, as provided in 24 CFR 92.205(d) and 92.206(a) and (c). C: \PROGRAM FILES \OPTI VIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A00000100003,DOCX (c) The aggregate of all payments made hereunder shall not exceed Two Hundred Fifty Thousand and No /100 Dollars (U.S. $250,000.00).(d) Upon expiration of the term of this agreement or upon any prior termination, HAP shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. 4. TERM OF AGREEMENT; SECURITY. (a) Unless sooner terminated, the term of this Agreement, for purposes of making the grant and undertaking the construction and completion of the Project, shall be from the date of execution hereof until April 9, 2013; provided however, that with the respect to the Project for which HAP has received financial assistance under and during the term of this Agreement, HAP and the Owner of the Project shall have continuing responsibility to comply with the performance, certifications, repayment, affirmative marketing, housing affordability compliance and recordkeeping requirements of this Agreement, and 24 CFR Part 92 (including, without limitation 24 CFR Sections 92.252, 92.254, 92.301, 92.351 and 92.508) which shall survive expiration or termination and remain in effect throughout the required full period of affordability, notwithstanding any prior termination or expiration of this Agreement. As used herein, "period of affordability" shall mean 20 years from the completion of the Project except that if the assistance provided hereunder is used in connection with other financing insured by HUD under Chapter II of Title 24, Code of Federal Regulations, the period of affordability shall be the full original term of said mortgage or 20 years, whichever is longer. (b) (i) The full amount of grant assistance provided to HAP for the Project pursuant to this Agreement shall constitute an indebtedness of the Owner to HAP which shall be evidenced by a promissory note (hereinafter referred to as the "Promissory Note" or "Note ") which shall be due and payable with interest as provided therein and which shall be secured by the following described real property situate in the County of Pueblo, State of Colorado (the "Property"): See Attachment 1, as evidenced by a Deed of Trust to be executed contemporaneously with said Promissory Note. The loan instruments shall require the Owner to pay to HAP or holder the indebtedness as and to the extent same becomes due under the provisions of the Promissory Note and this Agreement. HAP shall include terms in said Promissory Note or Deed of Trust stating that the amount of the assistance shall continue as an indebtedness until paid in full, and notwithstanding such payment in full, the affordability restrictions described in this Agreement shall continue in effect and be enforceable for the full period of affordability without regard to the term specified in the Note or Deed of Trust for repayment. (ii) In order to secure the affordability provisions and other requirements of this Agreement, City may, at any time, require an assignment and transfer of said Note and Deed of Trust to City. (c) During the full Term of this Agreement and for the period of affordability, (i) any failure by the Owner or HAP to perform any obligation, covenant or provision of the Note or this Agreement required to be performed by the Owner or HAP, or (ii) any breach of any warranty made by HAP in this Agreement, or (iii) any other violation of any material term of this Agreement or the Deed of Trust given to secure the Note, shall constitute a default under this C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \10481 870 \SUPP_ DOCS \9A00000100004 DOCX Agreement. Upon any such default not cured within 30 -days after written notice is provided by the City, the City may demand that HAP repay to City the full amount of assistance provided hereunder, plus interest at the rate of 12% per annum from and after the date of such default. HAP further agrees that no release of any security for the indebtedness or extension of time for payment of same, or any installment thereof, and no alteration, amendment or waiver of any provision of the Note or the Deed of Trust securing same shall in any manner, release, discharge, modify or affect the obligations of HAP under this Agreement. 5. TERMINATION OF AGREEMENT. (a) For Cause. This Agreement may be terminated by City for cause, including any nonperformance by HAP, upon ten (10) days written notice to HAP including a statement of the reasons therefor, and after an opportunity for a hearing has been afforded. If a hearing is requested, it shall be held before the City's Director of Housing and Citizen Services whose decision as to both the grounds for termination and the appropriateness thereof shall be final and binding upon both City and HAP. In accordance with 24 CFR 85.43, cause for termination shall include any material failure by HAP to comply with any term of this Agreement. (b) For Convenience. This Agreement may be terminated for convenience in accordance with the provisions of 24 CFR 85.44. This Agreement shall terminate immediately upon any non - appropriation of funds, or upon any suspension or non - receipt of federal assistance provided to City under the Act, regardless of cause. (c) Post Termination Procedures. In the event of termination for cause, HAP shall continue to be responsible for those matters which survive termination identified in paragraph 4 above, unless City takes over the Project and, in connection therewith, prospectively releases HAP from one or more specific responsibilities in writing. Additionally, at City's sole option, all property acquired by HAP with grant funds, all grant funds, program income, and mortgage loans originated with grant funds or by payments therefrom and payments received under such mortgage loans, held, owned or retained by HAP shall immediately become the sole and separate property of the City and HAP shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, income, and mortgage loans to City. All finished or unfinished documents, data, studies reports and work product prepared by HAP or its agents and assigns under this Agreement or with grant funds shall, at the option of the City, become its property and HAP shall be entitled to received just and equitable compensation only for satisfactory work completed and eligible costs for which compensation has not previously been paid nor reimbursement made. 6. ASSIGNABILITY. This Agreement shall not be assigned or transferred by HAP without the prior written consent of the City; provided however, that this limitation shall not be construed to prohibit HAP from undertaking activities under this Agreement through a Project Owner meeting the requirements of Section 1(a) of this Agreement. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. C: \PROGRAM FILES \OPTIVIEW \OVTEMP \ TEMP \1 0481870 \SUPP_DOCS \9A 0000010000 DOCX 7. CONFLICT OF INTEREST. HOME Regulation 24 CFR, Part 92.356 is incorporated herein by reference, and sets forth applicable laws and regulations that apply to Conflict of Interest. HAP shall avoid all conflicts prohibited by applicable regulations, including but not limited to those set forth in 24 CFR Part 92 as presently promulgated and as same may be revised from time to time in the future. 8. HAP RECORDKEEPING. HAP shall maintain, and shall require the Owner to maintain, records as to the Project work and activities undertaken with assistance hereunder, services provided, reimbursable expenses incurred in connection with the Project and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. HAP agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR Part 92. The compliance provisions attached as Exhibit "B" hereto are made a part of this Agreement, and HAP agrees to perform and comply with same, and shall require the Owner to do likewise. The City, HUD, the Comptroller General of the United States, the Inspector General of HUD, and any of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of HAP and the Owner which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the term of this Agreement, the City may, at any time during the period of affordability or within 5 years thereafter, require all of HAP's and the Owner's financial records relating to this Agreement to be turned over to the City. 9. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of HAP to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with HUD's, City's and other applicable monitoring and evaluation criteria and standards. The City shall at least quarterly review HAP's performance using on -site visits, progress reports required to be submitted by HAP, audit findings, disbursement transactions and contact with HAP as necessary. HAP shall furnish to the City monthly or quarterly program and financial reports of its activities in such form and manner as may be requested by the City. HAP shall fully cooperate with City relating to such monitoring and evaluation. 10. HAP FILES AND INFORMATION REPORTS. HAP shall maintain files containing information which shall clearly document all activities performed in conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances, activity reports, and program income. These records shall be retained by HAP for a period of five years, except that with respect to the Project undertaken with assistance provided hereunder, such records shall be maintained for the full required period of affordability. Activity reports shall be submitted monthly or quarterly no later C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A00000100006DOCX than the ninth day of the month following the end of month or quarter for which the report is submitted. 11. INDEPENDENCE OF HAP. Nothing herein contained nor the relationship of HAP to the City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make HAP or any of HAP's agents or employees, or the Owner, the agents or employees of the City. HAP shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. 12. LIABILITY & INSURANCE. (a) As to the City, HAP agrees to assume the risk of all personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the performance or nonperformance of this Agreement by HAP or by the conditions created thereby. HAP further agrees to indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by HAP or out of any violation by HAP of any statute, ordinance, rule or regulation. (b) HAP agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it and the Project from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (c). (c) The minimum insurance coverage which HAP or the Owner shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (d) HAP further agrees that it shall procure and maintain, or require the Owner of the Project to procure and maintain, at HAP's or the Owner's expense, hazard and fire insurance upon the property described in the Deed of Trust on an "all risk" form in such amounts as City's Department of Housing and Citizen Services may require, but in any event, for not less than the C \ PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A0000010000 ,DOCX amount of all liens against the property and the amount of funds provided to HAP by City pursuant to this Agreement. HAP shall furnish a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement of any funds to HAP. Both said certificate of insurance and the policy procured by the Owner shall name the City as an additional loss payee. 13. CERTIFICATIONS. HAP agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which are hereby expressly made a part of this Agreement. 14. PROGRAM INCOME; REVERSION OF ASSETS (a) (i) Unless otherwise authorized by City in writing in a separate instrument executed after date of this Agreement, all program income shall be returned to City within 30 days of receipt by HAP. In the event City authorizes HAP to retain any portion of program income, it shall only be used to accomplish the work set forth in the Scope of Services, and the amount of grant funds payable by City to HAP shall be adjusted as provided by 24 CFR 92.503 and the applicable requirements of 24 CFR 85. (b) Upon expiration of the term of this Agreement, or upon any prior termination, HAP shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (c) The Project, the Property, and any other real property acquired, constructed or improved in whole or in part with funds provided pursuant to this Agreement shall be used as affordable rental housing within the meaning of 24 CFR §92.252 for the full period of affordability as defined in paragraph 4 hereof. In the event the Project, the Property or such other property ceases to be so used, HAP shall immediately pay to City the greater of (i) an amount equal to the current market value of the Project and Property less any portion of the value attributable to expenditures of funds not provided under this Agreement for the construction of the Project or acquisition of, or improvement to, the Property (that is, the calculation of the portion of value attributable to expenditures not provided by City under this agreement shall be the market value multiplied by a fraction whose numerator is the total Project cost or costs of acquisition determined as of the date of Project completion less the amount of assistance provided by City and whose denominator is the total Project cost or cost of acquisition determined as of the date of Project completion) or, (ii) the remaining principal balance and accrued interest owing under the Note. The use restriction and repayment obligation set forth in this subparagraph shall survive termination or expiration of this Agreement and shall be fully enforceable and subject to collection by City or HUD in accordance with applicable laws. HAP shall require the Owner to comply with the requirements of this paragraph and to execute a Deed of Trust which shall be and constitute a lien upon the Property and all other real property acquired or improved with funds provided hereunder, and which shall secure the affordability requirements hereunder. C: \PROGRAM FILES \OPTIVIFW \OVTEMP\ TEMP \( 0481870 \SUPP_DOCS \9A00000I0000,ADOCX (d) In the event City incurs any cost or expense in enforcing the requirements of this Agreement, including but not limited to the requirements of this paragraph 14, or in bringing any action to recover the amount of any repayment obligation, or, upon assignment of the Note and the Deed of Trust to City, to foreclose or obtain sale under the Deed of Trust or mortgage instrument, City shall be entitled to recover its costs and expenses, including reasonable attorneys fees. (e) To further ensure that the funds provided hereunder do not constitute an investment of more HOME funds than are necessary to provide affordable housing (as required by 24 CFR §92.250(b)), HAP shall require the Owner to retain ownership of the Project for a period of not less than 20 years from and after the completion of the Project. Consequently, in the event the Owner should sell or transfer title to the Project, the Property or other real property or improvements constructed or improved with funds provided pursuant to this Agreement, within 20 years after substantial completion of the Project or said improvements, the Loan Agreement, Note and Deed of Trust shall provide that the entire indebtedness under the Note shall immediately become due and payable and shall be collected by HAP and repaid to City, together with interest thereon at the rate of 12% per annum from the time of substantial completion until said repayment is made. If Owner is a limited partnership, nothing in this subparagraph (e), nor in subparagraph (f) of this paragraph 14, is intended to prohibit a transfer of ownership from Owner to any general partner or limited partner in Owner. (f) It is the intent of the parties that §38 -30 -165, C.R.S. and any similar statute hereafter enacted, be preempted under federal law and regulations in order to maintain affordability of the rental units within the Property. Consequently, the Loan Agreement between HAP and the Owner and the Note and Deed of Trust executed by the Owner (collectively, the "Loan Documents ") shall not be assumable, and the indebtedness shall be due and payable upon sale, transfer or assignment, or any attempted sale or transfer of the Property by the Owner, unless all of the following circumstances are demonstrated to exist: (i) more than 20 years have elapsed since the substantial completion of the Project, (ii) the Primary Lender also consents to assumption of the mortgage or obligation to which the Deed of Trust is subordinate, (iii) the sale of the Property is to a subsequent purchaser who agrees in writing to comply with the affordability requirements of this Agreement and applicable requirements, including those set forth at 24 CFR, §92.252, (iv) the sale price and payment of principal, interest, property taxes and insurance by the subsequent purchaser must permit the rental units to remain affordable for the remaining period of affordability specified in this Agreement, with affordability determined by applicable regulations and requirements, and (v) both the City and the holder of the Note expressly consent to assumption of the Owner's obligations under the loan agreement and the Note by the subsequent purchaser prior to sale or transfer, which consent shall be granted only upon the Owner's showing circumstances (i) through (iv) have or will be satisfied. (g) Notwithstanding anything to the contrary in this Agreement or the Loan Documents, the Owner may transfer its interest in the Project and the Property to HAP without prior consent from the City. C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP\ 10481870 \SUPP_DOCS \9A000001000VOCX 15. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY. (a) in addition to all procurement requirements otherwise applicable to the Project pursuant to any other provision of this Agreement or pursuant to any requirement of law or regulation incorporated in this Agreement by reference, HAP shall comply with all requirements of this Paragraph 15. (b) No improvements shall be undertaken to the Property or other real property with funds (or reimbursement) provided hereunder unless and until: (i) plans and specifications therefor have been prepared by either a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect duly licensed and authorized to conduct a practice of architecture in the state of Colorado; (ii) such plans and specifications have been filed with the City and approved by both the City's designated representative and the City's Director of Public Works; and (iii) all construction contracts for improvements for which funds are provided from City shall have been awarded only after an open, competitive bidding process which has been approved by City's Director of Purchasing and which allows qualified contractors to reasonably participate in the competitive bidding procedures; provided, however, that the open competitive bidding process required herein need not follow the City's procurement requirements for City improvements. HAP or Owner may submit its proposed bidding process to the City for review and approval or disapproval prior to receipt of any funds hereunder. (c) No disbursement of funds to HAP shall be made by City hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and HAP files with City's Director of Housing and Citizen Services a written request for payment signed by an officer of HAP that certifies (i) that the amounts included in the request for payment have not been included in any prior request for payment, (ii) that the improvements listed therein for which payment is sought have been completed in accordance with the approved plans and specifications therefor, and (iii) that the improvements for which payment is sought have been constructed so as to comply with City of Pueblo building codes and Section 8 Housing Quality Standards. (d) [Reserved] (e) Every contract for construction of improvements, and all lower tier covered transactions, shall include a requirement that the contractor, subcontractor or vendor certify that neither it nor its principal is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any federally funded project. (f) HAP shall, at HAP's sole expense, provide for relocation assistance to persons displaced as a result of the Project, if any, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and applicable implementing regulations. C: \ PROGRAM FILES \OPTI VIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A000001000p16OCX 16. RECOGNITION OF HUD, CITY. In all printed materials, Project descriptions and other activities undertaken with funds provided under this Agreement, HAP shall either provide recognition that funds have been provided by the U.S. Department of Housing and Urban Development and the City of Pueblo or shall cause the Owner to do so. Recognition shall be accomplished by prominent disclosure of the role of HUD and the City in all such printed materials and Project signage, if any. 17. ENTIRE AGREEMENT; AMENDMENTS. The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, constitute the entire and complete agreement of the parties hereto with respect to Phase II of the Project and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the HAP and City. 18. SIGNATURES. The persons signing this Agreement on behalf of HAP represent and warrant that such persons and HAP have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of HAP enforceable against HAP in accordance with its terms. IN WITNESS WHEREOF, HAP and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. CITY OF PUEBLO, ATTEST: A Mu ' • al Co r. • . tion By: _ 1, A #d .i City erk Presi. e of ity .until [SEAL] ,, �; It SING , UT O' TY OF THE it • y: IA , ii ItiMPAli/ 4 Chai an o the Board c „,_ x i si _ e „....--- By: , - - Frank Pacheco Executive Director C:APROGRAM FILES VOPTIVIEWVOVTEMPATEMPA 10481870 ASUPP_DOCSV9A000001000Q1fOCX Attachment 1 PROPERTY ADDRESSES VILLAS AT OAKSHIRE OAKSHIRE HILLS SUBDIVISION UNIT NUMBER ADDRESS LGEAL DESCRIPTION 1 2415 Chelton Block 1, Lot 3, Oakshire Hills Subdivision' 2 2419 Chelton Block 1, Lot 4, Oakshire Hills Subdivision' 3 2423 Chelton Block 1, Lot 5, Oakshire Hills Subdivision' 4 2427 Chelton Block 1, Lot 6, Oakshire Hills Subdivision' 5 2433 Chelton Block 1, Lot 7, Oakshire Hills Subdivision 6 2437 Chelton Block 1, Lot 8, Oakshire Hills Subdivision 7 2037 Cicada Block 1, Lot 9, Oakshire Hills Subdivision 8 2045 Cicada Block 1, Lot 10, Oakshire Hills Subdivision 9 2044 Cicada Block 2, Lot 1, Oakshire Hills Subdivision 10 2501 Chelton Block 2, Lot 3, Oakshire Hills Subdivision 11 2505 Chelton Block 2, Lot 4, Oakshire Hills Subdivision 12 2513 Chelton Block 2, Lot 5, Oakshire Hills Subdivision 13 2519 Chelton Block 2, Lot 6, Oakshire Hills Subdivision 14 2525 Chelton Block 2, Lot 7, Oakshire Hills Subdivision 15 2531 Chelton Block 2, Lot 8, Oakshire Hills Subdivision 16 2539 Chelton Block 2, Lot 9, Oakshire Hills Subdivision 17 1923 Calderwood Place Block 3, Lot 55, Oakshire Hills Subdivision' 18 1940 Calderwood Place Block 3, Lot 43 Oakshire Hills Subdivision 19 1945 Calderwood Place Block 3, Lot 49, Oakshire Hills Subdivision 20 1946 Calderwood Place Block 3, Lot 44, Oakshire Hills Subdivision 21 1947 Calderwood Place Block 3, Lot 48, Oakshire Hills Subdivision 22 1948 Calderwood Place Block 3, Lot 45, Oakshire Hills Subdivision 23 1949 Calderwood Place Block 3, Lot 47, Oakshire Hills Subdivision 24 1950 Calderwood Place Block 3, Lot 46, Oakshire Hills Subdivision 25 2511 Calvert Place Block 3, Lot 40, Oakshire Hills Subdivision 26 2519 Calvert Place Block 3, Lot 39, Oakshire Hills Subdivision 27 2520 Calvert Place Block 3, Lot 36, Oakshire Hills Subdivision 28 2523 Calvert Place Block 3, Lot 38, Oakshire Hills Subdivision 29 2524 Calvert Place Block 3, Lot 37, Oakshire Hills Subdivision C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP\ 10481870 \SUPP_DOCS\9A000001000y1fOCX SCHEDULE OF EXHIBITS Exhibit A Statement of Project /Scope of Work Exhibit B Accounting System Compliance Provisions Exhibit C Federal Debarment Certification Exhibit D Certifications Exhibit E Beneficiary Data at Project Completion Exhibit F Annual Rent Reporting Form for Monitoring Also available on request • City of Pueblo Section 3 Plan • Technical Guide for Determining Income and Allowances for the HOME Program • HOME Monitoring Forms C \ PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \ 10481 870 \SUPP_DOCS \9A000001000QIyOCX EXHIBIT A STATEMENT OF PROJECT /SCOPE OF WORK STATEMENT OF PROJECT AND SCOPE OF WORK: General Description The Project will consist of the construction of 29 single- family rental units of subsidized rental housing for low to moderate income households. The funds will be used for the costs associated with the construction of a total of 6 units. The units will be fixed units for the purposes of accounting for the HOME per unit subsidies and affordability requirements. The Developer agrees to perform the work described under the Project /Work Description in compliance with all the provisions of this Agreement. The Developer warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on the Developer's part to be performed hereunder. HOME Units The assistance is provided for six (6) of the units, which must be HOME units for the term of this agreement. HOME units shall be fixed. The number of HOME units may change if the overall project budget changes. Low Income Housing Tax Credit rent limits will prevail. Change Orders Once final development plans have been approved by the City, it is the Developer's responsibility to notify the City of any problems the contractor has in conforming to the accepted plans for any element of the proposed Project prior to construction. It is the responsibility of the Developer during construction activities to resolve construction problems due to changed conditions or design errors encountered by the contractor during the progress of any portion of the Project. If, in the opinion of the City, the modifications to the accepted plans proposed by the Developer involve significant changes to the character of the work, or to the future contiguous public or private improvements, the Developer shall be responsible for resubmitting the revised plans to the City for acceptance prior to any further construction related to that portion of the Project. Any improvements not constructed in accordance with the accepted plans, or the accepted revised plans, shall be removed and reconstructed according to the approved plans. The City shall be notified of any changes to the originally accepted plans and /or any accepted revised plans. The Developer shall be in compliance with any "General Notes" found on the accepted plans. C: \PROGRAM FILES \OPTI VIEW \OVTEMP \TEMP \10481870 \SUPP_ UOCS \9A00000101 I4 OCX Davis Bacon This Agreement is for less than 12 HOME- assisted units; therefore there are no Davis Bacon responsibilities. Section 3 Economic Opportunity Because this agreement is for an amount greater than $100,000, the City's Section 3 Plan must be implemented by the Developer. The Section 3 Compliance Plan is made a part of this Agreement as Exhibit G. The Compliance Plan must be a part of all bid documents for the Project (contracts and subcontracts), and the Section 3 Clause must be a part of all bid processes and contracts. The Policies and Procedures for Section 3, which include the Compliance Plan, are available for the Developer's review upon request. Debarred Contractors The Developer must ensure compliance with 24 CFR 570.609 regarding Debarred Contractors through use of the Federal Debarment Certification, attached as Exhibit F. Procurement Developer will ensure that all procurement transactions are conducted in a manner providing full and open competition consistent with the standards of 24 CFR Part 85. The bid process must allow for preference to a certified Section 3 business concern. Environmental Assessment [Reserved] Native American Tribal Issues — In the event of an inadvertent discovery (cultural resources and /or human remains), a Stop Work Order on construction activities must be issued and immediate notification provided to the Authority so that notification can be provided to Native American Tribes with an interest in the area. Construction shall cease until proper treatment of cultural resources and /or human remains is achieved and such notification has been provided by the affected tribe to the Authority. Tenant Selection and Tenant Income: Developer shall be responsible for tenant selection and for verifying the income of all tenants at the time of application, as well as during the required annual recertification and providing copies of all pertinent documentation to the City upon request. 1) Income Verification at Occupancy: Developer shall determine tenant income eligibility at the time of initial tenancy by using the Part Five definition of income. Source documentation must be obtained and verified in accordance with the Part Five income definition. Under this income C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \ 10481 870 \SUPP_DOCS \9A000001000Q 15DOCX verification method, income from certain assets must also be included. Guidance on calculating incomes under the Part Five definition shall be provided by the Authority upon request. Total income is based on the income of the entire household (not just the primary tenant), as further defined under Part Five income definitions. Further, income is based on anticipated income and shall take into account any expected changes in income to the extent possible. 2) Income Re- certification: Developer shall re- certify annually the income of all current tenants on the anniversary date of each lease. Re- certification at this time can consist of a written statement and certification from the household with regard to current income and household size. The certification must state that the information is complete and accurate and must indicate that source documentation will be provided upon request. Tenant Lease: The Developer must execute a written lease and Rules of Occupancy statement with every Project tenant covered under this agreement. The lease between a tenant and the Owner shall be for not less than 6 months, unless by mutual written agreement. At no time will a lease be for less than thirty days. The written agreement between the Developer and the tenant for a lease term of less than one year must be retained in the tenant file. Prohibited Lease Terms: The lease between a tenant and the Owner may not contain any of the following provisions: 1) Agreement to be sued: Agreement by tenant to be sued, admit guilt, or consent to a judgment in favor of the Owner in a lawsuit brought in connection with the lease. 2) Treatment of property: Agreement by tenant that the owner may seize or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. (This provision does not apply to disposition of personal property left by a tenant who has vacated a property.) 3) Excusing Owner from responsibility: Agreement by the tenant not to hold the Owner or the Owner's agents legally responsible for actions or failure to act, whether intentional or negligent. 4) Waiver of notice: Agreement by the tenant that the Owner may institute a lawsuit without notice to the tenant. 5) Waiver of legal proceedings: by tenant that the Owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense or before a court decision on the rights of the parties 6) Waiver of a jury trial: Agreement by the tenant to waive any right to a jury trial. 7) Waiver of right to appeal court decision: Agreement by tenant to waive the tenant's right to appeal or otherwise challenge in court a decision in connection with the lease. C: \PROGRAM FILES \OPTI VIEW \OVTEMP\ TEMP\ 10481870 \SUPP_DOCS \9A00000100116)OCX 8) Tenant chargeable with cost of legal actions regardless of outcome: Agreement by the tenant to pay attorney fees or other legal costs even if the tenant wins the court proceeding by the Owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. Tenant Selection: Prior to any tenancies, the Owner shall adopt written tenant selection policies and criteria. Monitoring Schedule: The City monitors for compliance with HOME requirements annually. The Owner will be responsible for reporting beneficiary and rent data on each HOME unit on HOME Monitoring Checklist 6 -D (attached as Exhibit I)) during that time. Additionally, an on -site monitoring to inspect individual units (a minimum of 20 %); review rent and occupancy requirements; review the lease in effect and tenant selection policies, and other items noted in this Agreement will be conducted in the first year of this Agreement and, because the Project has a projected six (6) HOME units, every- third -year following that. (This is in accordance with HUD's requirements for projects of this size.) C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \I0481870 \SUPP_DOCS \9AO00OOl( I OCX - 1 / '- EXHIBIT B ACCOUNTING SYSTEM COMPLIANCE PROVISIONS 1. As used in this Exhibit, the term "Developer" shall mean the entity entering into the Agreement with the City of Pueblo, a Municipal Corporation to which this Exhibit is attached. 2. Developer is subject to and shall comply with the requirements of OMB Circular A -133. 3. Developer agrees to maintain Project and accounting records in accordance with generally accepted accounting principles which accurately reflect all costs chargeable to the Project, utilize adequate internal controls, and maintain source documentation for all costs incurred. The City shall have the right to review and approve Developer's account system and internal controls prior to the release of any funds under the Agreement. 4. During the preconstruction and construction phases of the Project, the Developer shall not materially deviate from any approved Project budget unless any proposed major revision thereto has been submitted to City and approved in writing. Change orders of less than $10,000 each or $50,000 in the aggregate shall not be deemed to be material deviations or major revisions to the Project budget. 5. Nothing in the Agreement or the Exhibits thereto shall obligate City to any third parties nor to any contractors, subcontractors, consultants, suppliers or workmen who have contracted with Developer or provided any materials or services to Developer. 6. The City has the right to periodically perform interim audits and a final audit of the Project and funds provided under the Agreement. Developer shall fully cooperate with City in undertaking any such audit and shall provide a suitable work area for City's audit personnel to inspect and copy records. C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A000001000Q1g)OCX EXHIBIT C FEDERAL DEBARMENT CERTIFICATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722 - 4733). * * * BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE * ** (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attached an explanation to this proposal. 1 S/N6 Pie C of �gw 0/«4s #11 ©4�sAi,er Organization Name PR/Award Number or Project Name 4 hue a -A p Go e\Cc C Name(s) and Title(s) of Authorized Representative(s) 7 ,34.2/0 Signature(s) Date Federal Debarment Certification — continued on following page C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP\ 10481870 \SUPP_DOCS\9A000001001) L OCX INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a C: \PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A00000100 t6OCX person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Form AD -1048 (1/92) C: \ PROGRAM FILES \OPTIVIEW \OVTEMP\ TEMP\ 10481870 \SUPP_DOCS \9A 0000010002I1DOCX EXHIBIT D CERTIFICATIONS The entity entering into this Agreement with the City hereby certifies that the Project will be conducted and administered in compliance with all of the following requirements: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d, et seq.) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601, et seq.), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 . (Pub. L. 93 -112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110, A -122, A -128 and A -133 as they relate to the acceptance and use of federal funds under this federally- assisted program; CTROGRANI FILES \OPTIVIEW \OVTEMP\ TEMP\ 10481870 \SUPP DOCS \9A00000i0005LpOCX (13) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)]; (14) HUD environmental criteria and standards [24 CFR Part 51, Environmental Criteria and Standards]; (15) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et. seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h) -303 (e)); (16) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof; (17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as amended; particularly section 7 (b) and (c) [16 U.S.C. 1278 (b) and (c)]; (18) The Reservoir Salvage Act of 1960 916 U.S.C. 469 ET. seq.); particularly section 3 (16 U.S.C. 469a -1); as amended by the Archeological and Historical Preservation Act of 1974; (19) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a (a) and 4106(a)]; (20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. seq.); particularly sections 2 and 5; (21) It will comply with the Lead -Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et. seq.); (22) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106 (16 U.S.C. 4700; and (23) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et. seq.); particularly section 2(c). (24) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provisions of the HUD 4010 and the Davis Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (25) No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed 24 CFR Part 87. C: \PROGRAM FILLS \OPTIVIEW \OVTEMP\ TEMP \10481 870 \SUPP_DOCS \9A000001000Q11OCX (26) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. CPD -90 -44 EPA/OSHA. (27) When HOME Investment Partnership Act funds are used, the Subrecipiant will comply with implementing regulations and requirements under 24 CFR 92. Signature J' , 6, (� C: \PROGRAM FILES \OPTI VIEW \OVTEMP\ TEMP \ 10481870 \SUPP_DOCS \9A90WOt0O(7Q1.,7)OCX cn • p f • a 0 a � C • E - O m U � N O 0 • r 1- Tj G E— Q G >, 8 7g c4 0 i' U T G x a a ° w t F '. z G R �r 3 a o a W�. E U u e. I c, a "' U ci 0 I Q i w z a y III — x • ca • a z s m N $ E . k F ( ti ps, x a � • ` Gai W 3 0 o x :44,4410.4114[ i ■ • W _ a W a o a U a G. Q i a