MIDPEN HOUSING CORP (2) - Laserfiche WebLink

Owner grants to the City of Pleasanton the right to take any and all legal action necessary to enforce the provisions of this restrictive covenant, and Owner will be responsible for all reasonable legal expenses incurred by the County in the enforcement of this restrictive covenant. Within the HOME Program guidelines, the City of Pleasanton will have the right to waive any and all breaches of the terms of this affordability restrictive covenant, but any such waiver shall not be deemed a waiver of any previous or subsequent breaches. 4. NEPA Environmental Review: Prior to disbursement of funds under this agreement, a HUD -required environmental review under the National Environmental Protection Act (NEPA) will be undertaken by City on behalf of the County to determine any environmental impacts on the physical and built environment. Non -staff costs to prepare the environmental review will be deducted from the proceeds of funding provided in this agreement. In no case will funds be disbursed to Contractor for the Project until the environmental review has been completed to the satisfaction of City and/or HUD. The parties to this Agreement acknowledge the NEPA Environmental Review has been completed. 5. NEPA Conditions of Approval. Should the environmental review establish conditions of approval for funding, Contractor shall comply with these conditions. City may require a separate written assurance regarding Contractor compliance. 6. Davis -Bacon Prevailing Wage. As provided in Exhibit C herein, for applicable construction projects, Contractor shall comply with federal requirements requiring the payment of prevailing wages, as determined by the U.S. Department of Labor, to all laborers and mechanics on construction projects funded with federal funds. In summary, the following project types are subject to the Davis -Bacon prevailing wage requirements: HOME assistance of housing projects in which HOME is assisting 12 or more units. [Projects receiving a commitment of project -based vouchers ("PBV") under Section 8 of the National Housing Act from the Housing Authority of the County of Alameda ("Housing Authority") for newly constructed or rehabilitated units will be subject to Davis -Bacon prevailing wage requirements if the PBV commitment covers nine or more units. Contractor should consult with the Housing Authority for guidance.] Contractor is directed to www.qpo.gov/davisbacon/ for compliance information, including the applicable Wage Determination. Displacement. Relocation, and Acquisition. In accordance with Exhibit C regarding Relocation Assistance and Real Property Acquisition Policies Act of 1970, and as applicable HOME regulations at 24 CFR 92.353, Contractor shall take all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations and farms) as a result of the Project. As applicable, Contractor shall be responsible for meeting compliance with requirements of the aforementioned regulations and shall include relocation costs in the Project budget to determine total Project costs. 8. Compliance Period. Owners of rental housing assisted with HOME funds must maintain the housing in habitable condition and for HOME -assisted Projects, in compliance with property standards at HOME 24 CFR 92.251, for the entirety of the Compliance Period. The Compliance Period is defined as: the time frame beginning immediately upon the conversion to permanent financing for the Project and ending no earlier than the later of 55 years from the first day of the Compliance Period or the Note maturity set forth in the Note. For Projects involving construction, the Compliance Period will begin A-5 191\52\1543377.4