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approved by the City. The Developer shall pay for the audit to the subcontractor level by <br />an outside auditing firm. <br />11. FEDERAL (NOME PROGRAM) COVENANTS <br />11.1 Qualification as Affordable Housing. As more particularly provided in <br />the Affordability Restrictions on Transfer of Property, Developer shall use, manage and <br />operate the Property in accordance with the requirements of 24 CFR 92.252 so as to <br />qualify the housing on the Property as Affordable Housing with affordable rents. <br />11.2 Tenant and Participant Protection. Developer shall comply with the <br />requirements of 24 CFR 92.253. <br />11.3 [Intentionally Omitted] <br />11.4 Handicapped Accessibility. Developer shall comply with (a) Section <br />504 of the Rehabilitation Act of 1973, and implementing regulations at 24 CFR 8C <br />governing accessibility of projects assisted under the HOME Program; and (b) the <br />Americans with Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 <br />in order to provide handicapped accessibility to the extent readily achievable. <br />11.6 Use of Debarred. Suspended, or Ineligible Participants. Developer shall <br />comply with the provisions of 24 CFR 24 relating to the employment, engagement of <br />services, awarding of contracts, or funding of any contractor or subcontractor during any <br />period of debarment, suspension, or placement in ineligibility status. <br />11.7 Maintenance of Drug -Free Workplace. Developer shall certify that <br />Developer 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 of the <br />Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and implementing <br />regulations at 24 CFR 35, as applicable. <br />11.9 Affirmative Marketing. Developer shall implement and perform such <br />affirmative marketing procedures and requirements for the Property (24 CFR 92.351) in <br />compliance with the City's adopted Program (a copy of which is attached hereto and <br />incorporated herein as Exhibit H). <br />11.10 Equal 02portunity and Fair Housin . Developer shall carry out the <br />rehabilitation and perform its obligations under this Agreement in compliance with all of <br />the state and federal laws and regulations regarding equal opportunity and fair housing <br />described in 24 CFR 92.350. <br />11.11 Property Standards. Developer shall cause the Property to meet the <br />housing quality standards set forth in 24 CFR 882.109, as well as all applicable local, <br />state and federal codes and ordinances, including zoning ordinances. Developer shall also <br />cause the Property to meet the current edition of the Model Energy Code published by the <br />Council of American Building Officials. <br />23 <br />