HopeWorks Station Residential 5/1/2018

Agreement may be subject to a declaration of default and termination at the County's discretion. This provision shall not affect the Agency's obligations under other federal, state, or local laws against discrimination. K. Environmental Review 1. NEPA Pursuant to 24 CFR § 92.352(b)(1), the City retains responsibility for environmental review, decision making and action for purposes of fulfilling requirements of the National Environmental Policy Act ("NEPA") for each activity carried out with HOME funds. The City may require the Agency to furnish data, information, and assistance for its review and assessment in order for the City to discharge its responsibilities, including determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Agency retains responsibility for fulfilling the requirements of the State Environmental Policy Act ("SEPA") and regulations and ordinances adopted thereunder. 3. Compliance as a Pre-Condition Performance by the Agency under this Loan Agreement shall include satisfaction of all applicable requirements of the National and State Environmental Policy Acts. No funds may be committed to a HOME activity or project before completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR Part 58. 4. Contracting Requirements a. This Loan Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. § 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1351 et seq., and the regulations of the Environmental Protection Agency with respect thereto, as amended from time to time. In compliance with said regulations, the Agency shall enforce and cause or require to be inserted in full in all contracts and subcontracts, with respect to any nonexempt transaction thereunder funded with assistance provided under this Loan Agreement, the following requirements: 1) A stipulation by the contractor or subcontractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency ("EPA") pursuant to 40 CFR § 15.20, as amended; 2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. § 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1318), relating to inspection, monitoring, entry, reports, and information, as well as all Loan Agreement Housing Hope Properties Page 9 of 51