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95-21605 Reso RESOLUTION NO. 95-21605 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED AMENDMENT TO THAT CERTAIN MULTI-FAMILY REHABILITATION MATCHING GRANT AGREEMENT, DATED AUGUST 31, 1994, PERTAINING TO 221 COLLINS AVENUE, EXTENDING THE TIME TO COMPLETE THE REHABILITATION OF THE PROJECT WHEREAS, on August 31, 1994, the City of Miami Beach entered into that certain Multi-Family Rehabilitation Matching Grant Agreement (the "Agreement") with The 221, Inc. ("Owner"), pertaining to the rehabilitation of the Owner's property at 221 Collins Avenue, Miami Beach, Florida (the "Project"); and WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to be completed no later than nine months after the date of the Agreement: and WHEREAS, due to circumstances beyond the Owner's control, including three deaths in her immediate family, the rehabilitation of the Project has been delayed; and WHEREAS, the successful rehabilitation of the Project will help to ease the shortage of affordable rental housing in Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are authorized and directed to execute the attached Amendment to that certain Multi- Family Rehabilitation Matching Grant Agreement, dated August 31, 1994, pertaining to the property at 221 Collins Avenue, extending the time for rehabilitation of the Project. PASSED and ADOPTED this 21st day of June , 1995. 2. 1,,,. i4/k, / 27 2L4 7 Susan Gottlieb, Vice Mayor ATTEST: /Ica, A ..7-- iir-v15‘-..—.. Richard E. Brown, City Clerk FORM AFFWED Lk , r i. B Date C 57 r C:\W PW IN60\PIA\221 COLLI NS.RES 2 • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 11 7 I_C)S TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 21, 1995 FROM: Jose Garcia-Pedrosa City Manager . SUBJECT: A RESOLUTION * THORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THAT CERTAIN MULTI— FAMILY REHABILITATION MATCHING GRANT AGREEMENT, DATED AUGUST 31, 1994, PERTAINING TO 221 COLLINS AVENUE, EXTENDING THE TIME TO COMPLETE THE REHABILITATION OF THE PROJECT. ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and City Commission adopt the attached Resolution authorizing and directing the Mayor and City Clerk to execute an Amendment to that certain Multi-Family Rehabilitation Matching Grant Agreement, dated August 31, 1994. Said amendment authorizes an extension of time to complete the rehabilitation project which is currently underway, but which has been delayed, for the rehabilitation of the building located at 221 Collins Avenue, Miami Beach, known as the "221 Collins Apartments" . BACKGROUND: The City, through the Housing and Community Development Division, of the Design, Development and Historic Preservation Services Department administers various federally funded affordable housing programs. The Multi-Family Rehabilitation programs provide the financial assistance necessary to undertake rehabilitation of buildings in order to provide decent, safe and sanitary affordable rental housing for low and moderate income individuals. The City has offered this financial assistance for the past ten (10) years resulting in the successful renovation of over 1, 000 units of rental housing. The funds for these programs come directly to the City from the U. S. Department of Housing and Urban Development (HUD) . The guidelines for the programs require that the buildings be maintained in rental use for a specified period of time. On June 15, 1994 the Mayor and City Commission approved Resolution C'r- � AGENDA ITEM 1— PC DATE 6-21 —q� COMMISSION MEMO JUNE 21, 1995 #94-21186, authorizing and directing the Mayor and City Clerk to enter into an Agreement with the owner of the property located at 221 Collins Avenue. This Multi-Family Rehabilitation Matching Grant Agreement provided a CDBG Subsidy in the amount of $82, 500 for the rehabilitation of the property, and provided that said rehabilitation project must be completed within nine (9) months of the date of the Agreement. The owner is in the process of reconfiguring and rehabilitating the building to make available eleven (11) two-bedroom apartments. The Agreement is dated August 31, 1994 . The nine month period ended on June 1, 1995. ANALYSIS: Carolyn Freveletti is the President of The 221, Incorporated and the owner of the property located at 221 Collins Avenue. The owner has encountered several situations which have caused the project to run behind schedule and has requested that the time for completion of the project be extended until October 9 , 1995. The owner suffered three deaths in her immediate family, requiring her to leave town, she was then hospitalized and had to undergo surgery during the course of this project. The contractor' s purchase of replacement windows was delayed due to a last-minute modification of the code requirements by Metropolitan Dade County' s Code Compliance Office. In addition, Tropical Storm "Gordon" added extra time to the completion of the project. The City' s only obligation under the original agreement was to provide a Matching Grant in the amount of $82, 500 from the federal Community Development Block Grant (CDBG) Program funds. No additional financial obligation for the City will be created by this Amendment. CONCLUSION: The rehabilitation of the 221 Collins Avenue property will provide eleven (11) 2-bedroom apartments, with affordability restrictions on 51%, or at least six (6) of the units for a five (5) year period. The Administration is aware that there is a crucial shortage of two bedroom apartments in the South Beach rental market, and recommends extending the period permitted to complete the rehabilitation project in order to provide needed additional affordable family COMMISSION MEMO JUNE 21, 1995 rental housing. It is recommended that the Mayor and City Commission adopt the attached Resolution authorizing and directing the Mayor and City Clerk to execute the Amendment to that certain Multi-Family Rehabilitation Matching Grant Agreement dated August 31, 1994 . JG-P/CAH/STP \RE50\221AMEND.MEM • AMENDMENT TO AGREEMENT This is an Amendment (the "Amendment"), dated as of June 25,, 1995, to that certain Multi-Family Rehabilitation Matching Grant Agreement (the "Agreement"), a copy of which is attached hereto as Exhibit "A", entered into on August 31, 1994. This Amendment is being entered into by and between, and the Agreement was entered into by and between, the City of Miami Beach, Florida, a Florida municipal corporation (the "City"), and The 221, Inc., a Florida corporation (the "Owner"). WITNESSETH: WHEREAS, on August 31, 1994, the City entered into the Agreement with Owner, pertaining to the rehabilitation of the Owner's property at 221 Collins Avenue, Miami Beach, Florida (the "Project"); and WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to be completed no later than nine months after the date of the Agreement; and WHEREAS, due to circumstances beyond the Owner's control, including three deaths in her immediate family, the rehabilitation of the Project has been delayed; and WHEREAS, the successful rehabilitation of the Project will help to ease the shortage of affordable rental housing in Miami Beach. NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby conclusively acknowledged, the parties hereto agree as follows: 1. ABOVE STATEMENTS. The above statements are true and correct. 2. EXTENSION OF TIME FOR REHABILITATION OF THE PROJECT. Owner shall obtain a final certificate of completion from the City's Building Services Department, pertaining to the rehabilitation of the Project, no later than October 9, 1995. Section 13(a)(ii) of the Agreement is amended and will read as follows: diligently pursue construction and timely complete the project by securing a Final Certificate of Completion no later than October 9, 1995, or 3. CONFLICT. In the event of any conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. 4. GOVERNING LAW. This Amendment and the Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the City and the Owner have caused this Amendment to be executed by their duly authorized officers as of the date first written above. -fj 11 -,Susan Gottlieb, ,Vice Mayor Date: 6 /2� /5s.____ ATTEST: / -1-6(JLe--‘,ek CITY CLERK The 221, Inc., a Florida corporation WITNESS: By: Print Nam . (14,co/y) (2.64- 44-15> Title: Date: b #29 9 'It/a-/fiatior FORD RP' 1 v LE . ' . P; � . c:\wpwin60\ait\221collins.agr Date �� 2 MULTI-FAMILY REHABILITATION MATCHING GRANT AGREEMENT THIS AGREEMENT entered into this 3114" day of ab7.ma, 1994, by and between The 221, Inc., a Florida corporation,whose address is 205 Collins Avenue, Miami Beach, Florida, 33139, hereinafter referred to as "Owner who as the legal owner of the property at 221 Collins Avenue, Miami Beach, Florida, more particularly described as: The 221 Apartments, Lot 11, Block 3 of Ocean Beach Subdivision, according to the Plat thereof as recorded in Plat Book 2, page 38, of the Public Records of Dade County, Florida hereinafter referred to as "Project", and the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter called "City": WITNESSETH: WHEREAS, the City has established a Multi-Family Rehabilitation Program, hereinafter referred to as"Program", designed to provide financial and technical assistance to property owners of deteriorated and substandard multi-family residential structures within the City of Miami Beach, Florida, for the purpose of rehabilitating said structures; and WHEREAS, the policies of said Program are set forth in the Guidelines for the City of Miami Beach • Rehabilitation Programs (Guidelines), adopted by the City Commission on July 22, 1992, are deemed incorporated by reference and made a part of this Agreement; and WHEREAS,Owner as the legal owner of the Project described above has agreed to rehabilitate said Project in accordance with the Program; and WHEREAS, the City's Loan Review Committee on June 3, 1994 recommended approval of the assistance to the Project under the Program, and a commitment letter will be issued upon approval by the Mayor and City Commission, said commitment letter, when issued, will be incorporated by reference and made a part of this Agreement; and WHEREAS, it is acknowledged and agreed between the City and the Owner that funds provided hereunder derive from Federal Community Development Block Grant funds appropriated to the City by the U.S. Department of Housing and Urban Development, for the uses and purposes herein referred to and accordingly it is acknowledged and agreed this Agreement is entered into after compliance by the parties with all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may apply to this Agreement which certain of said regulations are incorporated herein as more fully set forth in Attachment "A". NOW,THEREFORE, in consideration of the mutual promises contained herein and in consideration of the matching grant monies which are to be paid by City to Owner, which consideration is hereby acknowledged by the parties, the parties do agree as follows: (1) Any amendments, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. 1 Exhibit "A" (2) It is understood and agreed by and between the parties that the Guidelines, as they may be amended from time to time, represent the scope of services and responsibilities of the parties under the Program and the parties agree to abide by and comply with their roles and responsibilities under the Guidelines as set forth therein. (3) City shall have the sole responsibility and obligation of interpreting the intent and purpose of the Program and contract documents. (4) Rehabilitation of Project shall be done in accordance with the applicable codes, ordinances and statutes of the State of Florida, the City and Metropolitan Dade County. (5) It is understood and agreed by and between the parties that none of the obligations of the City assumed or created hereunder shall be general obligations of the City and none of the same shall be enforceable against the City generally. Any and all obligations, liabilities and commitments of the City hereunder, shall be limited to the payment of a matching grant subsidy amount of Eighty Two Thousand Five Hundred Dollars ($82,500) specified herein. No other fiscal, legal, equitable or contractual duty or obligation is assumed by the City and the Owner by executing this Agreement so agrees. The City desires to enter into this agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of $82,500. Owner hereby expresses its willingness to enter into this Agreement with Owner's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$82,500, less the amount of all funds actually paid by the City to Owner pursuant to this agreement. • Accordingly, Owner hereby agrees that the City shall not be liable to Owner for damages in an amount in excess of $82,500 which amount shall be reduced by the amount of the funding actually paid by the City to Owner pursuant to this agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed on the City's liability as set forth in Florida Statutes, Section 768.28. (6) The matching grant amount shall be paid to the Owner and shall be disbursed during the rehabilitation of the property. After this matching grant payment is made by the City to the Owner and applied by the Owner according to the procedures set forth herein, the City shall be automatically discharged from any and all obligations, liabilities and commitments hereunder to Owner or any third person or entity provided, however, that this Section shall not excuse the continued compliance by Owner with the terms of this Agreement and the federal program requirements. Owner, for consideration of One Dollar ($1.00) and other good, valuable, separate and distinct consideration, receipt of which is hereby acknowledged, hereby saves and holds harmless, indemnifies and protects the City, its officers and employees from any and all obligations, liabilities, commitments, actions, claims, causes of action, suits or demand arising or accruing by virtue of this Agreement or the Project contemplated hereunder. (7) In consideration for the performance of Owner of its role and responsibilities set forth in this Agreement, the City agrees to pay to Owner, the sum of Eighty Two Thousand Five Hundred Dollars ($82,500), as the total of the matching grant payment as further provided for herein. 2 (8) Said total shall be disbursed by the City to the Owner during construction as follows:During the construction phase, and not more often than once a month, a payment equivalent to ninety percent (90%) of the pro-rata portion of the value of the work completed, in the previous period. The City's payments hereunder will be computed based on the ratio of the matching grant amount to the total estimated construction cost. The completion will be based on the City's inspection and confirmation of the percentage completion as certified by the Owner's Inspector. The final ten percent (10%) of the matching grant payment shall be paid following the completion, approval and acceptance of the rehabilitation work and related documentation by all the governmental agencies and authorities having jurisdiction over the Project, and as further set forth in the Guidelines. (9) It is understood and agreed by Owner that for at least five (5) years, beginning on the date when a Final Certificate of Completion is issued, a minimum of six (6) units (54%) will be occupied by low and moderate income households at affordable rents. Low and moderate income households means the combined income of all members of the household does not exceed 80% of the area median income, as specified from time-to-time by HUD. (The following limits apply as of this date, but to be revised annually) 1 person, $23,450; 2 persons,$26,800;3 persons, $30,150,4 persons,$33,500) Monthly rents for units occupied by low and moderate income households are considered affordable, if they do not exceed the Fair Market Rents(FMRs) for the Section 8 Existing Housing Program issued from time- to-time by HUD, (as of this date, but to be revised annually: 1 bedroom$590; 2 bedrooms $737). Additionally, it is understood by Owner that if the property is converted to condominiums, sold, or withdrawn from rental use within five (5) years after a Final Certificate of Completion is issued, the full amount of the matching grant payment will become due and payable to the City. The City may, at its option, declare the matching grant payment to be a loan, which repayment terms and conditions will be set by the Loan Review Committee. (10) Owner shall deliver to the City's Development, Design and Historic Preservation Services Department, by January 31st of each calendar year, its signed notarized report in form and substance acceptable to the City, to include names of tenants, unit type, family income, rents charged, and occupancy factor of each unit for that prior year. This report will continue to be required for five (5) years after the date on which a Final Certificate of Completion is issued. (1 1) It shall be deemed a default of this Agreement in the event that Owner does not strictly comply with the terms, conditions, duties and procedures established herein for obtaining City consent to assignment or transfer as defined by this Section. In the event such consent is not obtained in the manner prescribed herein the City shall be entitled to declare a default, cancel this Agreement and resort to its rights and remedies against the defaulting party. Owner shall not assign any interest of this Agreement and will not transfer any interest in the same without the prior written consent of the City upon approval by the Loan Review Committee. In the event Owner is a corporation, limited partnership or other incorporated or artificial business entity, a transfer of more than ten percent (10%) ownership interest of its'stock by pledge,sale or otherwise(except a transfer of partnership interests in connection with the syndication of limited partner interests in the ownership, which shall not require any consent hereunder); or if Owner makes an assignment for the benefit of its creditors or uses this Agreement as security or collateral for any loan besides the loan involved herein; or if Owner is voluntarily or involuntarily a party to any bankruptcy or insolvency proceeding; or if Owner has a receiver appointed over any of its properties; or if Owner does not satisfy in full or appeal any judgment for the sum of$5,000 (or more) within thirty (30) days from its' rendition; or if Owner is involved in a bulk transfer of its 3 • business, then in that event each of the foregoing actions will be deemed an assignment of this Agreement and require the prior written consent of the City, upon approval by the Loan Review Committee. In the event Owner is a trust, which includes without limitation a land trust and a trust company, any change in the person or entity who is the trustee or any change in the heirs or beneficiaries of such trust shall be deemed an assignment under this Section and require the prior written consent of the City, upon approval by the Loan Review Committee. Regardless of the type of entity Owner is defined to be, a merger, insolvency, bankruptcy, dissolution,consolidation,conversion, liquidation,or appointment of a receivership for such Owner shall each be deemed an assignment of this Agreement and will require the prior written consent of the City upon approval by the Loan Review Committee. (12) Upon a default of a written indebtedness, including without limitation: a note, mortgage, guarantee, and the Agreement, Owner waives notice, presentment and/or demand of default. (13) For purposes of this Agreement and the documents referenced or incorporated within it, a default shall include without limitation, the following acts or events of Owner,or its agents, servants, employees, or contractors: (a) Owner's failure to (i) commence work within thirty (30) days from the date of this Agreement,or(ii)diligently pursue construction and timely complete the project by securing a Final Certificate of Completion within nine (9) months from the date of this Agreement, or (iii) provide the documentation required to make the final payment of the.matching grant, as indicated in the Guidelines, within thirty (30) days from the date when a Final Certificate of Completion is issued. Work shall be considered to have commenced and be in active progress when, in the opinion of the City's Development, Design and Historic Preservation Services Department, a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the structure throughout the day on each full working day, weather permitting. (b) Owner's failure to comply with applicable building, fire, life safety, housing and zoning laws, rules, regulations and codes. (c) Owner's default on any of the terms and conditions of the note, mortgage, or other loan document executed by Owner in favor of Lender. (d) Owner's insolvency or bankruptcy. (e) Owner's failure to maintain the insurance required by the City and/or Lender. (f) Owner's failure to correct defects within a reasonable time as defined herein. (g) Owner's breach of this Agreement or of the terms and conditions of the Guidelines or applicable laws, rules and regulations pertaining hereto which are referenced by this Agreement. (h) Claims of lien not satisfied or bonded-off, in accordance with Florida Statutes, within 60 days from the date of filing of any such lien. 4 • (i) An assignment or transfer of this Agreement or any interest therein by Owner which does not comply with the procedures set forth herein. (14) In the event of a default, the City may, thirty (30) days after mailing to Owner a notice of such default as set forth herein, automatically cancel and terminate this Agreement without liability to any party to this Agreement. If the default is not fully and satisfactorily cured within thirty (30) days of the City mailing notice of such default to Owner, to the full satisfaction of the City, at the expiration of said thirty (30) day period, this Agreement may, at the City's sole option and discretion, be deemed automatically canceled and terminated and the City fully discharged from any and all liabilities, duties and terms arising out of or accruing by virtue of this Agreement and the Project. (15) In the event of a default, the City shall additionally be entitled to bring any and all legal and/or equitable actions which it deems to be in its best interest in Dade County, Florida, in order to enforce the City's rights and remedies against the defaulting party.The City shall be entitled to recover all costs of such actions including a reasonable attorney's fee, to the extent allowed by law. The defaulting party waives its right to jury trial and its right to bring permissive counterclaims against the City in any such action to the extent allowed by law. (16) Notices and demands:All notices,demands,correspondence and communications between the City and the Owner shall be deemed sufficiently given under the terms of this Agreement if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: if to the City: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager with copies to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: (1) City Attorney's Office and: (2) Housing and Community Development Director If to the Owner: The 221 Inc. 205 Collins Avenue Miami Beach, Florida 33139 Attention: Carolyn Freveletti or to such address and to the attention of such other person as the City or the Owner may from time to time designate by written notice to the others. (17) It is understood and agreed that Owner shall record this Agreement, together with appropriate documents relating to the Loan on the subject property, with the Clerk of the County Court, Dade County, Florida and shall furnish the City's Development, Design, and Historic Preservation Services Department with certified copies of these recorded instruments within sixty (60) days of the execution of this Agreement. 5 IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed by its duly authorized officer(s), and the City has caused this Agreement to be executed by Its duly authorized officer(s), the day and year first above written. THE PARTIES HERETO STATE THAT THEY HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND THE GUIDELINES FOR THE CITY OF MIAMI BEACH MULTI-FAMILY REHABILITATION PROGRAMS, AND KNOW THE CONTENTS THEREOF AND FULLY REALIZE THEIR MEANING AND SIGN THIS AGREEMENT AS THEIR OWN FREE ACT. WITNESS: THE 221, INC. a Florida corporation By: Name: Carolyn reveletti, President n 1,tizatet".e N e: CITY OF M BEACH By: Seymour Gelber, Mayor ATTEST: e � S CI Y CLERK C. FORM ROVED L EPT. BY ,4/ Date 6 • STATE OF FLORIDA ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me,this 6 D day ofay/4 1994,by Carolyn Freveletti, as President of The 221, Inc., a Florida corporation. Who is personally known to me or has produced t'.tceh,!� .,Q�¢.tc.ax as identification and did/did not take an oath. (11,,cLiA, Name: NOTARY PUBLIC, State of Florida Commission NQ My Commission Expires: Notary Public, State of Tforl e Alp Corr i;::an Exrir a?.;ti!28, 199: loaded Thry Troy fain•Insurance Inc. ri • STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me, this ,/ day of 1994, by Seymour Gelber, as Mayor of the City of Miami Beach. He is personally known to me has produced as identification and did/d!d noUake an oath. me: hnide l Driz e� OTARY PUBLIC, State of Florida Commission NQ My Commission Expires: RY PO OFFICIAL NOTARY SEAL 1P e YAMILEX MORALES * * COMMISSION NUMBER CC203935 9, 7 Q MY COMMISSION EXP. `�OF Ft0 JUNE 2,1996 7 • ATTACHMENT "A" OTHER FEDERAL REQUIREMENTS As the City of Miami Beach is providing this funding through federal funds, all parties agree to comply with the following statutes, regulations and executive orders,as they apply.These requirements are incorporated herein by reference. 1. Freedom of Information and Privacy Acts - Freedom of Information Act (5 U.S.C. 552), and the Privacy Act of 1974 (5 U.S.C. 552a). 2. Equal Opportunity - Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and 24 CFR Part 1; - Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601), as amended; - Executive Order 11063, as amended by Executive Order 12259; - Executive Orders 11246, 11265, 12138 and 12432; - Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 170), as amended; - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; - The Age Discrimination Act of 1975 (42 U.S.C. 6101); - The Fair Housing Amendments Act of 1988. 3. Environmental Review • - The National Environmental Policy Act (42 U.S.C. 4321, et seq); - The Council on Environmental Quality Regulations (40 CFR Parts 1500-1508); - Environmental Review Procedures (24 CFR Part 58); - National Historic Preservation Act of 1966. - National Flood Insurance Act of 1968 as amended by the Flood Disaster Protection Act of 1973. 4. Lead Based Paint - Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4801, et seq); - HUD Lead Based Paint Regulations (24 CFR Part 35). 5. Asbestos - Asbestos Regulations (40 CFR 61, Subpart M); - U.S. Department of Labor Occupational Health and Safety (OSHA) Asbestos Regulations (29 CFR 191.1101). 6. Handicapped Accessibility - Architectural Barriers Act of 1968 (42 U.S.C. 4151 and 24 CFR Part 41). 7. Labor Standards - The Davis-Bacon Act (40 U.S.C. 276a) as amended; - The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); - Federal Labor Standards Provisions (29 CFR Part 5.5). 8 8. Grant Regulations - Community Development Block Grants (24 CFR Part 570). ADDITIONALLY, ALL PARTIES AGREE TO COMPLY WITH ALL EXISTING FEDERAL, STATE AND LOCAL LAWS AND ORDINANCES HERETO APPLICABLE, AS AMENDED. •