Common use of Compliance with Program Requirements Clause in Contracts

Compliance with Program Requirements. A. The Development Owner will comply with all of the Program Requirements applicable to the Development throughout the Compliance Period (without limitation as to any of said Program Requirements that may or may not be specifically identified in this Agreement). B. The Development Owner will comply with all of the requirements of Section 42 of the Code to the extent necessary to receive and maintain a TCAP Award, including, without limitation, the requirement that the Development will become a “qualified low-income housing development” (as defined in Section 42(g)(1) of the Code) by the end of the year following the year in which the first building in the Development, which is required to contain Low-Income Units, is placed in service in accordance with the terms of the Tax Credit AllocationTax Credit Award. C. The Development Owner will comply with the income and rent restrictions set forth in the ▇▇▇▇ throughout the term of the TCAP ▇▇▇▇. D. The Development Owner will maintain the “applicable fraction” set forth in the ▇▇▇▇ throughout the term of the TCAP ▇▇▇▇. E. The Development Owner shall comply with the Applicable Legal Requirements and shall take the following actions with respect thereto: (i) Prior to or contemporaneous with execution and delivery of this Agreement, the Development Owner shall adopt and submit for approval to the Department an “Affirmative Fair Housing Marketing Plan” in the form promulgated by HUD. The Development Owner shall use affirmative fair housing marketing practices in determining tenant eligibility and concluding all transactions with respect to the Development in accordance with 24 CFR Section 92.350 and Section 570.904(c). (ii) The Development Owner shall ensure that the Development meets the lead-based paint requirements set forth in 24 CFR Part 35 Subparts A, B, J, K, M, and R, as applicable. (iii) The Development Owner shall ensure that the Development meets the accessibility requirements applicable to the Development set forth in 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the design and construction requirements set forth in 24 CFR Section 100.205, which implements the Fair Housing Act (42 U.S.C. Sections 3601-3619). (iv) The Development Owner shall comply with ▇▇▇▇▇-▇▇▇▇▇ prevailing wage rates in accordance with HUD requirements. The applicable ▇▇▇▇▇-▇▇▇▇▇ wage decision and the HUD 4010, Federal Labor Standards Provisions, must be inserted into any construction contract that is subject to ▇▇▇▇▇-▇▇▇▇▇ requirements. (v) The Development Owner shall comply with the non-procurement debarment and suspension standards set forth in 2 CFR Part 180, Subpart C, as required by 2 CFR Part 2424. (vi) The Development Owner shall comply with the Federal Drug Free Workplace Act of 1988 and the regulations promulgated thereunder including, without limitation, 54 CFR Part 4956. (vii) The Development Owner shall post signage concerning the Development in a manner consistent with the criteria established in the QAP and, to the extent applicable, by HUD.

Compliance with Program Requirements. A. The Development Owner will comply with all of the Program Requirements applicable to the Development throughout the Compliance Period (without limitation as to any of said Program Requirements that may or may not be specifically identified in this Agreement). B. The Development Owner will comply with all of the requirements of Section 42 of the Code to the extent necessary to receive and maintain a TCAP Award, including, without limitation, the requirement that the Development will become a “qualified low-income housing development” (as defined in Section 42(g)(1) of the Code) by the end of the year following the year in which the first building in the Development, which is required to contain Low-Income Units, is placed in service in accordance with the terms of the Tax Credit AllocationTax Credit AwardAllocation. C. The Development Owner will comply with the income and rent restrictions set forth in the ▇▇▇▇ throughout the term of the TCAP ▇▇▇▇. D. The Development Owner will maintain the “applicable fraction” set forth in the ▇▇▇▇ throughout the term of the TCAP ▇▇▇▇. E. The Development Owner shall comply with the Applicable Legal Requirements and shall take the following actions with respect thereto: (i) Prior to or contemporaneous with execution and delivery of this Agreement, the Development Owner shall adopt and submit for approval to the Department an “Affirmative Fair Housing Marketing Plan” in the form promulgated by HUD. The Development Owner shall use affirmative fair housing marketing practices in determining tenant eligibility and concluding all transactions with respect to the Development in accordance with 24 CFR Section 92.350 and Section 570.904(c). (ii) The Development Owner shall ensure that the Development meets the lead-based paint requirements set forth in 24 CFR Part 35 Subparts A, B, J, K, M, and R, as applicable. (iii) The Development Owner shall ensure that the Development meets the accessibility requirements applicable to the Development set forth in 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the design and construction requirements set forth in 24 CFR Section 100.205, which implements the Fair Housing Act (42 U.S.C. Sections 3601-3619). (iv) The Development Owner shall comply with ▇▇▇▇▇-▇▇▇▇▇ prevailing wage rates in accordance with HUD requirements. The applicable ▇▇▇▇▇-▇▇▇▇▇ wage decision and the HUD 4010, Federal Labor Standards Provisions, must be inserted into any construction contract that is subject to ▇▇▇▇▇-▇▇▇▇▇ requirements. (v) The Development Owner shall comply with the non-procurement debarment and suspension standards set forth in 2 CFR Part 180, Subpart C, as required by 2 CFR Part 2424.2424.‌ (vi) The Development Owner shall comply with the Federal Drug Free Workplace Act of 1988 and the regulations promulgated thereunder including, without limitation, 54 CFR Part 4956. (vii) The Development Owner shall post signage concerning the Development in a manner consistent with the criteria established in the QAP and, to the extent applicable, by HUD.

Compliance with Program Requirements. A. The Development Owner will Borrower shall comply with all of the Program Requirements applicable to the Development throughout the Compliance Period (without limitation as to any of said Program Requirements that may or may not be specifically identified in this Agreement). B. The Development Owner will Borrower shall comply with all of the requirements of Section 42 of the Code and any regulations promulgated thereunder and all requirements of HUD, to the extent necessary to receive and maintain a an award of TCAP AwardFunds, including, without limitation, the requirement that the Development will become a “qualified low-income housing developmentproject” (as defined in Section 42(g)(1) of the Code) by the end of the year following the year in which the first building in the Development, which is required to contain Low-Income Units, is placed in service in accordance with the terms of the Tax Credit AllocationTax Credit AwardAllocation. C. The Development Owner will Borrower shall comply with the income Act and rent restrictions set forth in with the ▇▇▇▇ throughout Rule, as applicable to the term of the TCAP ▇▇▇▇Housing Credit Program. D. The Development Owner will maintain the “applicable fraction” set forth in the ▇▇▇▇ throughout the term of the TCAP ▇▇▇▇. E. The Development Owner Borrower shall comply with the Applicable Legal Requirements specified in Exhibit H attached hereto and shall take the following actions with respect thereto: (i) Prior to or contemporaneous with execution and delivery of this Agreement, the Development Owner The Borrower shall adopt and submit for approval to the Department Florida Housing an “Affirmative Fair Housing Marketing Plan” in the form promulgated by HUDattached hereto as Exhibit F. Affirmative fair housing marketing practices entail providing information and otherwise attracting eligible persons to the Development without regard to race, color, national origin, sex, religion, familial status or disability. The Development Owner Borrower shall use affirmative fair housing marketing practices in determining tenant eligibility and concluding all transactions with respect to the Development in accordance with 24 CFR Section 92.350 and Section 570.904(c). (ii) The Development Owner Borrower shall ensure that the Development meets the lead-based paint requirements set forth in 24 CFR Part 35 Subparts A, B, J, K, M, and R, as applicableR. [This requirement is applicable to rehabilitation developments only.] (iii) The Development Owner Borrower shall ensure that the Development meets the accessibility requirements applicable to the Development set forth in 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the design and construction requirements set forth in 24 CFR Section 100.205, which implements the Fair Housing Act (42 U.S.C. Sections 3601-3601- 3619). (iv) The Development Owner Borrower shall comply with pay ▇▇▇▇▇-▇▇▇▇▇ prevailing wage rates in accordance with HUD requirements. The requirements and the applicable ▇▇▇▇▇-▇▇▇▇▇ wage decision and the HUD 4010, Federal Labor Standards Provisions, must be inserted into any construction contract Construction Contract that is subject to ▇▇▇▇▇-▇▇▇▇▇ requirements. (v) The Development Owner Borrower shall comply with the non-procurement procurement, debarment and suspension standards set forth in 2 CFR Part 180, Subpart C, as required by 2 CFR Part 2424. (vi) The Development Owner Borrower shall comply with the Federal Drug Free Workplace Act of 1988 and the regulations promulgated thereunder including, without limitation, 54 CFR Part 4956. (vii) The Development Owner Borrower shall post signage concerning the Development in a manner consistent with the criteria established in the QAP and, to the extent applicable, by HUD. E. The Borrower must complete and execute the “Sub Recipient Report,” as well as require each vendorVendor (as defined by HUD) to complete and execute a “Vendor Report”, both attached hereto as Exhibit E, and shall deliver or have deliveredsubmit such reports to Florida Housing via fax (▇▇▇-▇▇▇-▇▇▇▇ attention Director of Multifamily Development Programs)e-mail to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ one week before the end of each calendar quarter, beginning March 24, 2010 and continuing through March 24, 2012. The report templates and their detailed instructions are available on Florida Housing’s website (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇).