Agmt 2008 Bay Area Community Services

Home

ARTICLE III AFFIRMATIVE COVENANTS 3.1 USE OF FUNDS. Participant covenants that it shall use the Loan Proceeds solely for the purpose of financing the Improvements in accordance with Section 1.4. 3.2 COMPLIANCE WITH LAWS; LICENSES; PERMITS; ETC. 3.2.1 COMPLIANCE WITH LAWS. Participant covenants to comply with all federal, state and local laws, regulations, ordinances and rules applicable to the Property and the Improvements, including without limitation, all applicable requirements of state and local building codes and regulations, and all applicable statutes and regulations relating to accessibility for the disabled. 3.2.2 LICENSES: PERMITS: ETC. See General Provisions in Exhibit F. 3.3 INSURANCE. See General Provisions in Exhibit F. 3.4 MAINTENANCE. Participant shall maintain the Improvements in a first-class condition and repair at Participant's own expense for a period of not less than twenty (20) years after completion thereof. 3.5 INDEMNIFICATION. Participant shall indemnify, defend (with counsel reasonably acceptable to City), and hold harmless the City and its elected and appointed officials, officers, agents, and employees (collectively, the "Indemnitees") from and against, and shall pay on demand, any and all losses, liabilities, damages, costs, claims, demands, penalties, fines, orders, judgments, injunctive or other relief, expenses and charges (including attorney's fees and expenses of attorneys) arising directly or indirectly in any manner in connection with or as a result of Participant's failure to perform its covenants and obligations under this Agreement and any of its activities or operations related thereto, excluding the willful misconduct or the gross negligence of the Indemnitees. 3.6 EQUAL EMPLOYMENT OPPORTUNITY. The parties to this Agreement acknowledge, consent and agree that: 3.6.1 If the Loan exceeds $100,000, and the work to be performed under this contract is assisted by direct Federal financial assistance from the Department of Housing and Urban Development, the contractor is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Subcontracts that are $50,000 or less on projects or contracts in excess of $500,000 are exempt from Section 3 requirements. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to Section 3 residents and businesses. A Section 3 resident is defined as residents of public housing, or low-income residents whose income (or a family whose income, adjusted for family size) does not exceed 50% of the median income, orlow-income residents whose income (or a family whose income, adjusted for family size) does not exceed 80% of the median income. A Fiscal Year 08-09 3