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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 disabilities. <br />11.6 Use of Debarred, Suspended, or Inelieible 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 />11.7 Maintenance of Drug -Free Workplace. Developer shall certify that Developer <br />will provide a drug -free workplace in accordance with 24 CFR 84.13. <br />11.8 Lead -Based Paint. Developer shall comply with the requirements, as applicable <br />of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 -4846) and implementing <br />regulations at 24 CFR 35. <br />11.9 Affirmative Marketing. Developer shall implement and perform such <br />affirmative marketing procedures and requirements for the Property as required by 24 CFR <br />92.351 and the City of Santa Ana's adopted affirmative marketing procedures and minority <br />outreach program. <br />11.10 Equal Opportunity and Fair Housing. Developer shall carry out the <br />construction and perform its obligations under this Agreement in compliance with all of the state <br />and federal laws and regulations regarding equal opportunity and fair housing described in 24 <br />22 <br />