|
of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors,
<br />employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this
<br />AGREEMENT.
<br />X. ENVIRONMENTAL CONDITIONS
<br />A. Generally
<br />ESG activities are subject to environmental review by HUD under the environmental regulations in 24
<br />CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate,
<br />convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit
<br />or expend HUD or local funds for eligible activities under this part, until HUD has performed an
<br />environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property.
<br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they
<br />apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the
<br />Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the
<br />SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic
<br />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 Lead-Based
<br />Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR
<br />part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing
<br />occupied by program participants.
<br />C. Assignment of Responsibilities
<br />By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all
<br />responsibilities set forth in Subpart K of 24 CFR 35.
<br />D. Compliance with Subpart K
<br />The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based paint
<br />("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs
<br />for acquisition, leasing, support services, or operation. In connection with the grant funds under this
<br />AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance
<br />with all applicable subparts of 24 CFR 35, and especially, Subpart K.
<br />The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas
<br />servicing the dwelling unit, and the exterior surfaces of the building in which the 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 accordance with §§
<br />35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied,
<br />immediately after receipt of Federal assistance; and
<br />(3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance
<br />with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a
<br />Federal housing assistance program, except that mortgage insurance or loan guarantees are
<br />not considered to constitute an active programmatic relationship for the purposes of this part.
<br />(4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the
<br />clearance examination.
<br />14
|