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Item 13 - Affordable Housing Project at 1411 N Broadway
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03/07/2023 Special and Regular
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Item 13 - Affordable Housing Project at 1411 N Broadway
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8/11/2023 9:30:06 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
13
Date
3/7/2023
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<br />EXHIBIT 3 <br />4.Environmental. <br />a. Air and Water. Developer shall comply with the following regulations <br />insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et <br />seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, <br />1318 relating to inspection, monitoring, entry, reports, and information, as well as other <br />requirements specified in said Section 114 and Section 308, and all regulations and guidelines <br />issued thereunder; and the U.S. Environmental Protection City regulations pursuant to 40 CFR <br />Part 50, as amended. <br />b.Flood Disaster Protection Act of 1973. Developer shall assure that for <br />activities located in an area identified by FEMA as having special flood hazards, flood insurance <br />under the National Flood Insurance Program is obtained and maintained. <br />c.Lead-Based Paint. Developer shall comply with the Lead-Based Paint <br />Regulations referenced in 24 C.F.R. 92.355, including 24 C.F.R. Part 35, et. al. <br />d.Historic Preservation. Developer shall comply with the historic <br />preservation requirements set forth in the National Historic Preservation Act of 1966, as <br />amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council <br />on Historic Preservation Procedures for Protection of Historic Properties and related laws and <br />Executive Orders, insofar as they apply to the performance of this Agreement. In general, this <br />requires concurrence from the State Historic Preservation Officer for all rehabilitation and <br />demolition of historic properties that are fifty years old or older or that are included on a federal, <br />state, or local historic property list. <br />e.Limitation on Activities Pending Clearance. In accordance with 24 <br />C.F.R. § 58.22 entitled “Limitations on activities pending clearance,” neither a recipient nor any <br />participant in the development process, including public or private nonprofit or for-profit entities, <br />or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R. § <br />58.1(b) on an activity or project until HUD or the state has approved the recipient’s Request for <br />Release of Funds (RROF) and the related certifications have been approved. Neither a recipient <br />nor any participant in the development process may commit non-HUD funds or undertake an <br />activity or project that would have an adverse environmental impact or limit the choice of <br />reasonable alternatives. Upon completion of environmental review or receipt of environmental <br />clearance, City shall notify Developer. HUD funds shall not be utilized before this requirement <br />is satisfied. The environmental review or violation of the provisions may result in approval, <br />modification of cancellation of the Loan. If a project or activity is exempt under 24 C.F.R. § <br />58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R. § <br />58.35(b), no RROF is required and the recipient may undertake the activity immediately after the <br />City has documented its determination that each activity or project is exempt and meets the <br />conditions specified for such exemption under this section by issuing a Notice to Proceed. <br />5.Uniform Administrative Requirements. Developer shall comply with applicable <br />uniform administrative requirements as described in 24 C.F.R. §§ 92.205. <br />WISEPLACE PERMANENT SUPPORTIVE HOUSING EXHIBIT G <br />HOME-ARP FUNDING ADDITIONAL TERMS AND CONDITIONS
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