05 - JOINT PH - Vista Del Rio DDA

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11.4 [Intentionally Omitted] 11,5 Handicapped Accessibility. Vista Del Rio shall comply with (a) Section 504 of the Construction Act of 1973, and implementing regulations at 24 CFR 8C governing accessibility of projects assisted under the HOME Program; and (b) the Americans with Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 in order to provide handicapped accessibility with respect to all Units at the Project. 11,6 Use of Debarred, Suspended, or Ineligible Participants. Vista Del Rio shall comply with the provisions of 24 CFR 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractor or subcontractor dining any period of debarment, suspension, or placement in ineligibility status. 11.7 Maintenance of Drug-Free Workplace. Vista Del Rio shall certify that Vista Del Rio will provide adrug-free workplace in accordance with 24 CFR 84.13, 11.8 Lead-Based Paint, Vista Del Rio shall comply with the requirements, as applicable of the Lead-Based Paint Poisoning Prevention Act (42 U,S.C. 4821-4846) and implementing regulations at 24 CFR 35. 11,9 Affirmative Marlcetin~. Vista Del Rio shall implement and perform such affirmative marketing procedures and requirements for the Property (24 CFR 92.351) in compliance with the City's adopted Program (a copy of which is attached hereto and incorporated herein as Exhibit H). 11.10 Equal Opportunity and Fair Housing. Vista Del Rio shall carry out the Construction and perform its obligations under this Agreement in compliance with all of the state and federal laws and regulations regarding equal opportunity and fair housing described in 24 CFR 92.350. Vista Del Rio must also follow the requirements of Health and Safety Code section 33435. 11,11 Property Standards. Vista Del Rio shall cause the Property to meet the housing quality standards set forth in 24 CFR 882.109, as well as all applicable local, state and federal codes and ordinances, including zoning ordinances, Vista Del Rio shall also cause the Property to meet the current edition of the Model Energy Code published by the Council of American Building Officials. 11,12 [Intentionally Omitted] 11.13 Other Program Requirements. Vista Del Rio shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that Vista Del Rio does not assume City's responsibilities for environmental review in 24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.359. 11.14 Request for Disbursements of Funds. Notwithstanding anything contained in this Agreement to the contrary, Vista Del Rio may not request disbursements of funds under this Agreement until the funds are needed for payment of eligible costs and all applicable Conditions Precedent are satisfied. The amount of each request shall be limited to the amount needed to reimburse Vista Del Rio for Vista Del Rio's actual expenditures, as described in Article 6, et seq. 11.15 Eligible Costs. Vista Del Rio shall use HOME Program funds only to pay costs defined as "eligible costs" pursuant to 24 CFR 92.206. DOCSOC/1475221 v5/200272-0004 26