Common use of Commitment of Funds Clause in Contracts

Commitment of Funds. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such a commitment of funds or approval may occur only upon satisfactory completion of the federal environmental review and receipt by the California Tax Credit Allocation Committee (the Committee) of an executed “Authority to Use Grant Funds” (HUD 7015.16) or equivalent letter. The parties further agree that the provision of any funds to the project is conditioned on the Committee’s determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. The Grantee and it’s contractors are prohibited from undertaking or committing any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction, or leasing or disposition prior to the execution of the “Authority to Use Grant Funds” (HUD 7015.16) or equivalent letter. Violation of this provision may result in the denial of any funds under the agreement. Section G-2 – COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT. Grantee shall comply with the National Environmental Policy Act (NEPA) contained in 42 USC Sections 4321-4347 and the implementing regulations at 24 CFR 50 and 58, to the extent that law applies to the Development. No actions by any party (including the developer, owner, or sponsor) shall be undertaken for any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives under 24 CFR 58.22 until HUD or the Committee has issued an environmental clearance. Section G-3 – COMPLIANCE WITH ▇▇▇▇▇-▇▇▇▇▇ ACT. Grantee shall comply with the ▇▇▇▇▇ ▇▇▇▇▇ Act, 40 U.S.C. 3141, and regulations promulgated thereunder, to the extent that law applies to the Development. Section G-4 – COMPLIANCE WITH STATE PREVAILING WAGE LAWS. Grantee shall comply with California’s prevailing wage law (California Labor Code Section 1720, et seq.) to the extent that law applies to the Development. Section G-5 – SECTION 504. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8 “Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development. Section G-6 – THE AGE DISCRIMINATION ACT of 1975 – (42 U.S.C. 6101- 07) and implementing regulations at 24 CFR Part 146 “Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance.” Section G-7 – FAIR HOUSING ACT. (42 U.S.C. 3601-19) and implementing regulations at 24 CFR Part 100 and the regulations at 24 CFR Part 107 (Equal Opportunity Housing. Section G-8 – LEAD BASED PAINT. The Lead-Based Paint Poisoning Prevention Act and the Residential Lead-Based Paint Hazard Reduction Act of 1992 and implementing regulations at 24 CFR Part 35 are applicable to rehabilitation project. HUDs Interpretive guidance for Lead Safe Housing is found at: ▇▇▇▇://▇▇▇▇▇▇.▇▇▇.▇▇▇/portal/page/portal/RECOVERY/programs/TCAP_RESOURCES/TC AP-LBP-GUIDE.pdf. Section G-9 – CIVIL RIGHTS ACT. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR Part 1. Section G-10 – AFFIRMATIVE MARKETING. When marketing TCAP units, the Grantee must comply with the TCAP affirmative fair housing marketing plan and procedures established by the Committee. Section G-11 – PROCUREMENT. 2 CFR Part 2424 “Non-procurement Debarment and Suspension”. The Grantee cannot award a contract to a contractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs. The Grantee must comply with subpart C of 2CFR Part 180, as required by 2 CFR Part 2424.