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ISISURANCE ON ;ILE <br />WORK MAP PkDCEED <br />UNTIL, INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: 02_ 15, — 0,/ <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />DAYLE MCINTOSH CENTER 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 />A-2003-074-17 <br />This Agreement, made and entered into this 1st day of July, 2003, by and between the City <br />of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and <br />DAYLE MCINTOSH CENTER, a California nonprofit corporation ("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 />