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and accounting fees, insurance, architects' and engineers' fees, loan fees, interest during <br />construction and contractors' overhead. <br />10.7 Protection Against Liens: Developer shall diligently file a valid Notice of Completion <br />upon completion of the construction, diligently file a notice of cessation in the event of a <br />cessation of labor on the construction for a period of thirty (30) days or more, and take all actions <br />reasonably required to prevent the assertion of claims of lien against the Property. In the event <br />that any claim of lien is asserted against the property or any stop notice or claim is asserted <br />against the City by any person furnishing labor or materials to the Property, Developer shall <br />immediately give written notice of the same to City and shall, promptly and in any event within <br />ten (10) Business Days after written demand therefor, (a) pay and discharge the same, (b) effect <br />the release thereof by delivering to City a surety bond complying with the requirement of <br />applicable laws for such release, or (c) take such other action as City may require to release City <br />from any obligation or liability with respect to such stop notice or claim. <br />11. FEDERAL -HOME PROGRAM AND CDBG COVENANTS <br />11.1 CHDO. Orange Housing Development Corporation, the sole member of the <br />managing general partner of Developer, represents and warrants that it qualifies and is in good <br />standing as a Community Housing Development Organization under the HOME Program. <br />Developer hereby covenants and agrees to maintain such status throughout the term of this <br />Agreement, and to provide the City with written documentation necessary to demonstrate <br />maintenance of said status on an annual basis. <br />11.2 Qualification as Affordable Housing. As more particularly provided in the <br />Affordability Restrictions on Transfer of Property, Developer shall use, manage and operate the <br />Property in accordance with the requirements of 24 CFR 92.252, 24 CFR 570, and California <br />Health and Safety Code section 50052.5 so as to qualify the housing on the Property as <br />Affordable Housing with affordable rents. <br />11.3 Tenant and Participant Protection. Developer shall comply with the <br />requirements of 24 CFR 92.253. <br />11.4 [Intentionally Omitted] <br />11.5 Handicapped Accessibility. Developer shall comply with (a) Section <br />504 of the Rehabilitation Act of 1973, and implementing regulations at 24 CFR 8C governing <br />accessibility of projects assisted under the HOME Program; and (b) the Americans with <br />Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 in order to make the <br />Project readily accessible to and usable by individuals with handicaps. <br />11.6 Use of Debarred, Suspended, or Ineligible Participants. Developer shall comply <br />with the provisions of 24 CFR 24 relating to the employment, engagement of services, awarding <br />of contracts, or funding of any contractor or subcontractor during any period of debarment, <br />suspension, or placement in ineligibility status. <br />22 <br />1076\01 \1333668.1 <br />