20A - AA - LOAN AGMT 601 E 20TH ST

Home Browse Search

E. Title X of the 1992 Housing and Community Development Act ("Title X") established requirements relating to lead based paint ("LBP") in housing receiving federal assistance, in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead levels, as required. F. On September 15, 1999, HUD adopted implementing regulations to Title X that became effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regulations"), which establish specific rules regarding notification to owners and occupants about the existence of LBP hazards, identification of LBP hazards, and control of LBP hazards; and G. Residential structures built after January 1, 1978 are exempt from lead-based paint requirements as the use of lead-based paint was banned for use in residences after this date by Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be applicable if the structures involved were built after January 1, 1978. H. In connection with the loan of funds under this Agreement, City requires that Owner comply and evidence compliance with all applicable requirements of Title X and the LBP Regulations, and Owner will accept assignment from the City of all responsibilities set forth in the relevant sections of the LBP Regulations, as and when applicable. 1. To protect the public interest and ensure the integrity of Federal programs, City may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". Borrower must review and sign Exhibit J "Debarment", which is attached hereto and incorporated herein by this reference. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. DEFINITIONS: Unless otherwise defined, the following capitalized terms shall be defined in this Agreement as follows: "CalHome Loan" means the loan of CalHome funds to be made by City to Borrower in the principal amount of $60,000.00 in accordance with this Agreement. "CDBG Loan" means the loan of CDBG funds to be made by City to Borrower in the principal amount of $75,000.00 in accordance with this Agreement. Page 2 of 15 20A-6