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1 <br /> 9 <br /> 3. Compliance as a Pre-Condition <br /> Performance by the Agency under this Agreement shall include satisfaction of all applicable <br /> requirements of the National and State Environmental Policy Acts. Notwithstanding any <br /> provision of this Agreement to the contrary, the Agency and the County acknowledge that this <br /> Agreement does not constitute a commitment of funds or site approval. No site approval may <br /> be made for and no funds may be committed to an ADDI activity or project before completion of <br /> the environmental review and approval of the request for release of funds and related <br /> certification, except as authorized by 24 CFR Part 58. <br /> E. Displacement, Relocation, and Acquisition <br /> The following displacement, relocation and acquisition requirements apply only to Fiscal Year <br /> 2003 ADDI funds. <br /> 1. Voluntary Transaction <br /> Each real property acquisition transaction assisted under this Agreement shall be conducted so <br /> as to qualify as a "voluntary transaction" under the federal Uniform Relocation Assistance and <br /> Real Property Acquisition Practices Act of 1970, 42 U.S.C. § 4201 et seq. ("URA"), and to be in <br /> compliance with the implementing regulations at 49 CFR Part 24. <br /> 2. Acquisition Limitation <br /> No ADDI funds, Program Income (as that term is defined in Section IV-F hereof) or Recaptured <br /> funds may be used to assist in the acquisition of any real property that is occupied by any <br /> tenant on or any time after the date of the first contact with the property owner by the Agency, <br /> the assisted homebuyer, any agent of the homebuyer, or any other person or entity involved in <br /> the conduct of the Project. <br /> 3. Displacement and Relocation <br /> Further, the acquisition of any owner-occupied property shall be conducted to assure that the <br /> owner-occupant is not "displaced" as defined in URA, its implementing regulations at 49 CFR <br /> Part 24, and the HOME regulations contained at 24 CFR § 92.353. In the event any occupant <br /> of any real property acquired with assistance provided under this Agreement is deemed by the <br /> County or by higher authority to have been displaced and thereby to be entitled to relocation <br /> assistance under these authorities, the Agency shall be solely responsible for providing the <br /> required assistance and paying all costs thereof, and the Agency shall hold the County <br /> harmless from any liability for such assistance. <br /> F. Lead-Based Paint <br /> The Project shall be conducted and administered in compliance with the Lead-Based Paint <br /> Poisoning Prevention Act (42 U.S.C. §§ 4821-4846), the Residential Lead-Based Paint Hazard <br /> ADDI Agreement between Page 5 of 23 <br /> City of Everett and Snohomish County <br />