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<br />5/05 <br /> <br />lish specific rules regarding notification to owners and occupants about the existence of LBP <br />hazards, identification ofLBP hazards, and control ofLBP hazards; and <br /> <br />7. Residential structures built after January I, 1978 are exempt from lead-based paint re- <br />quirements as the use of lead-based paint was banned for use in residences after this date by <br />Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not <br />be applicable if the structures involved were built after January I, 1978. <br /> <br />8. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs, sets <br />forth specific requirements relating to housing providers, such as SUBRECIPlENT, who admin- <br />ister local programs that provide supportive housing for special needs populations and are <br />funded by HUD Office of Community Planning and Development ("CPD") programs, including <br />ESG funds, as provided to SUBRECIPlENT under this Agreement; and <br /> <br />9. In connection with the grant of funds under this Agreement, CITY requires that <br />SUBRECIPlENT comply and show evidence of compliance with all applicable requirements of <br />Title X and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support ser- <br />vices, or operations, and Subpart J relating to rehabilitation, as and when applicable; and <br /> <br />10. In connection with the grant of funds under this Agreement, CITY requires that <br />SUBRECIPlENT comply and show evidence of compliance with all applicable requirements of <br />Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as <br />and when applicable; and <br /> <br />11. Attached and hereby fully incorporated to this Agreement are the following notification <br />attachments: Attachment No. I entitled "Protect Your Family From Lead In Your Home", <br />EPA747-K-99-001, Attachment No.2 entitled "Sample Disclosure Format for Target Housing <br />Sales, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards", and At- <br />tachment No.3 entitled "Sample Summary Risk Assessment Notice Format"; provided however, <br />that such attachments are not intended to modifY or limit SUBRECIPlENTS obligation to fully <br />comply with all applicable provisions of Title X and the implementing regulations in the LBP <br />Regs; and <br /> <br />12. By this Agreement SUBRECIPlENT will accept assignment from the CITY of all respon <br />sibilities set forth in Subpart K of the LBP Regs; and <br /> <br />13. SUBRECIPlENT agrees that it will adhere to the performance measurements and out- <br />comes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements and <br />meet the stated outcomes may constitute breach of contract that could result in termination of <br />this Agreement or serve as reason for the City to recapture the grant funds awarded to <br />SUBRECIPlENT pursuant to this Agreement. <br /> <br />14. The CITY and SUBRECIPlENT have duly executed this Agreement for the expenditure <br />of such funds; and <br /> <br />2 <br />