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5/05 <br />lish specific rules regarding notification to owners and occupants about the existence of LBP <br />hazards, identification of LBP hazards, and control of LBP hazards; and <br />7. Residential structures built after January 1, 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 1, 1978. <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 SUBRECIPIENT, 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 SUBRECIPIENT under this Agreement; and <br />9. In connection with the grant of funds under this Agreement, CITY requires that <br />SUBRECIPIENT 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 />10. In connection with the grant of funds under this Agreement, CITY requires that <br />SUBRECIPIENT 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 />11. Attached and hereby fully incorporated to this Agreement are the following notification <br />attachments: Attachment No. 1 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 SUBRECIPIENT'S obligation to fully <br />comply with all applicable provisions of Title X and the implementing regulations in the LBP <br />Regs; and <br />12. By this Agreement SUBRECIPIENT will accept assignment from the CITY of all respon <br />sibilities set forth in Subpart K of the LBP Regs; and <br />13. SUBRECIPIENT 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 />SUBRECIPIENT pursuant to this Agreement. <br />14. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure <br />of such funds; and <br />2 <br />