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(a) shall be in writing, numbered in sequence, signed by Vista Del Rio and <br />submitted to City prior to the proposed effectiveness thereof and accompanied by any working <br />drawings and a written narrative of the proposed change. <br />(b) shall be subject to the Executive Directors' and the Construction Lender's <br />prior written approval. <br />10.4 Entry and Inspection. At all times prior to completion of the construction, upon <br />reasonable notice, City or Successor Agency and their respective agents shall have (a) the right of <br />free access to the Property and all sites away from the Property where materials for the construction <br />are stored, (b) the right to inspect all labor performed and materials furnished for the construction, <br />and (c) the right to inspect and copy all documents pertaining to the construction. <br />10.5 Compliance with Section 3 Clause. Section 3 of the Housing and Urban <br />Development act of 1968, 12 U.S.C. 1701 u, as amended by Section 915 of the Housing and <br />Community Development Act of 1992 requires that economic opportunities generated by HUD <br />financial assistance for housing and community development programs be targeted toward low- and <br />very low- income persons. Whenever HUD assistance generates opportunities for employment or <br />contracting, state and local grantees, as well as other recipients of HUD housing assistance funds <br />must, to the greatest extent feasible, provide these opportunities to low- and very low- income <br />persons and to businesses owned by or employing low- and very low- income persons. Section 3 <br />applies to projects for which HUD's share of project costs exceeds $200,000 and contracts and <br />subcontracts awarded on projects for which HUD's share or project costs exceeds $200,000 and the <br />contractor subcontract exceeds $100,000. <br />For purposes of this Section 3 Clause and compliance thereto, whenever the word <br />"contractor" is used it shall mean and include, as applicable, the Vista Del Rio, and its contractor and <br />subcontractor(s), if any. The particular text to be utilized in any and all contracts of any contractor <br />doing work covered by Section 3 shall be in substantially the form of the following, as reasonably <br />determined by the Successor Agency, or as directed by HUD or its representative, and shall be <br />executed by the applicable contractor under penalty of perjury: <br />"(a) The work to be performed under this contract is subject to the requirements of <br />Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu <br />( "Section 3 "). The purpose of Section 3 is to ensure that employment and other economic <br />opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, <br />shall, to the greatest extent feasible, be directed to low -and very low- income persons <br />[inclusive of Very Low Income Persons, Very Low Income Households, and Very Low <br />Income Tenants served by the Project], particularly persons who are recipients of HUD <br />assistance for housing. <br />(b) The parties to this contract agree to comply with HUD's regulations in 24 <br />CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, <br />the parties to this contract certify that they are under no contractual or other impediment that <br />would prevent them from complying with the Part 135 regulations. <br />(c) The contractor agrees to send to each labor organization or representative of <br />workers with which the contractor has a collective bargaining agreement or other <br />understanding, if any, a notice advising the labor organization or workers' representative of <br />24 <br />DOCSOC/ 1475221 v 10/200272 -0004 <br />