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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE 10-a-03 <br />G Cb)4 <br />A-2003-074-60 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />EL SOL SCIENCE AND ARTS ACADEMY OF SANTA ANA FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />(With Provisions Relating to Compliance with Title X <br />and 24 CFR Part 35 Relating to Lead Based Paint) <br />This Agreement, made and entered into this 1st day of July, 2003, by and betwegn the City <br />of Santa Ana, a charter city and municipal corporation of the State of California ('CITY") and EL <br />SOL SCIENCE AND ARTS ACADEMY OF SANTA ANA; a California nonprofit corporation <br />("SUBRECIPIENT"), <br />WITNESSETH <br />Recitals: <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development (`HUD") Community Development Block Grant ("CDBG") <br />Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG <br />funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBG REGS"); and <br />B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the <br />Housing and Community Development Act of 1974, Public Law 93-383, as amended ('ACT'); and <br />C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY <br />to receive CDBG funds and administer such financial assistance; and to provide the services <br />described in "Exhibit A," in accordance with the schedule of performance included therein, <br />hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and <br />willing to operate said program. <br />D. Title X of the 1992 Housing and Community Development Act (Title X) established <br />requirements relating to lead based paint (`LBP") in housing receiving federal assistance, <br />in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to <br />purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead <br />hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk <br />assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard <br />treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing <br />maintenance, if required, and (v) response to children with environmental intervention blood lead <br />levels, as required; and <br />E. On September 15, 1999 HUD adopted implementing regulations to Title X that became <br />effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. (`LBP Regs."), which establish <br />specific rules regarding notification to owners and occupants about the existence of LBP hazards, <br />identification of LBP hazards, and control of LBP hazards; and <br />1 <br />