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this part, until HUD has performed an environmental review under 24 CFR part 50 and the <br /> recipient has received HUD approval of the property. <br /> The SUBRECIPIENT agrees to comply with all applicable environmental requirements <br /> insofar as they apply to the performance of this AGREEMENT, including but not limited to the <br /> Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. if <br /> applicable,the SUBRECIPIENT also shall comply with the Historic Preservation requirements of <br /> National Historic Preservation Act of 1966. <br /> B. Lead based paint remediation and disclosure <br /> The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846),the Residential <br /> Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing <br /> regulations in 24 CFR part 35, subparts A, B, H, .1, K, M, and R apply to all shelters assisted <br /> under ESG program and all housing occupied by program participants that were built before <br /> 1978. <br /> C. Assignment of Responsibilities <br /> By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of <br /> all responsibilities set forth in Subpart K of 24 CFR 35. <br /> D. Comyliance with Subpart K <br /> The purpose of Subpart K is to establish procedures to eliminate as far as practicable <br /> lead-based paint ("LBP") hazards in a residential property that receives Federal assistance under <br /> certain HUD programs for acquisition, leasing, support services, or operation. In connection with <br /> the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply <br /> and show evidence of compliance with all applicable subparts of 24 CFR Part 35, and especially, <br /> Subpart K("LBP Regs"). <br /> The SUBRECIPIENT shall conduct the following activities for the dwelling unit, <br /> common areas servicing the dwelling unit, and the exterior surfaces of the building in which the <br /> dwelling unit is located: <br /> (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; <br /> (2) Paint stabilization of each deteriorated paint surface, and clearance, in <br /> accordance with 24 CFR §§ 35.1330(a) and (b), before occupancy of a vacant dwelling <br /> unit or, where a unit is occupied, immediately after receipt of Federal assistance; and <br /> (3) Ongoing lead-based paint maintenance activities into regular building operations, <br /> in accordance with 24 CFR § 35.1355(a), if the dwelling unit has a continuing, active <br /> financial relationship with a Federal housing assistance program, except that mortgage <br /> insurance or loan guarantees are not considered to constitute an active programmatic <br /> relationship for the purposes of this part. <br /> (4) And, notice to occupants in accordance with 24 CFR §§ 35.125(b)(1) and (c), <br /> describing the results of the clearance examination, <br /> Page 18 of 23 <br />