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BORROWER will comply with Section 106 of the National Historic Preservation Act of 1966 <br />as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic <br />Preservation Act of 1966 (16 USC 469a-1 et seq.) by a) consulting with the State's Historic <br />Preservation Officer (SHPO) on the conduct of investigation, as necessary to identify <br />properties listed in or eligible for inclusion in the National Register (see 36 CFR Part 800.8 <br />by the activity), and notifying SHPO of the existence of any such properties, and by b) <br />complying with all requirements established by the State to avoid or mitigate adverse effects. <br />6. BORROWER will give the CITY OF SAN LEANDRO through any authorized representative <br />the access and the right to examine all records, books, papers, or documents related to the <br />loan. <br />7. BORROWER will post in conspicuous places, available to employees and applicants for <br />employment, notices provided by the CITY OF SAN LEANDRO regarding nondiscrimination. <br />8. BORROWER will comply with Section 2, of the Public Works and Economic Development <br />Act which states that under the provisions of this Act new employment opportunities should <br />be created by developing and expanding new and existing facilities and resources rather than <br />by merely transferring jobs from one labor area to another. <br />9. BORROWER will assure that any building or facilities financed in whole or in part by any <br />funds provided under the SMALL BUSINESS LOAN FUND of the CITY OF SAN LEANDRO <br />will be designed, constructed or altered so as to assure ready access to and use of such <br />building or facility by the physically handicapped. This provision applies only to firms which <br />deal directly with the general public in the normal and usual course of their business, and <br />to facilities in which business is customarily transacted by and with members of the general <br />public. <br />10. BORROWER will insure that the facilities under its ownership, lease or supervision which <br />shall be utilized in the accomplishment of the project are not listed on the Environmental <br />Protection Agency's (EPA) list of Violating Facilities and that it will notify the CITY OF SAN <br />LEANDRO DEPARTMENT OF DEVELOPMENT SERVICES by mail, first class postage prepaid, <br />of the receipt of any communication from the Director of the EPA Office of Federal Activities <br />indicating that a facility to be used in the project is under consideration for listing by the <br />EPA. <br />11. BORROWER will comply with all requirements imposed by the Federal Department of HUD <br />concerning special requirements of law, program, and other administrative requirements. <br />12. BORROWER will comply with the Davis Bacon Act, Fair Labor Standards, as amended (40 <br />U.S.C. 276a-276a-5). <br />13. BORROWER, or anyone with an ownership interest in the BORROWER, assures that he or <br />she is not related by blood, marriage, law, or business to any member of the City Council <br />or City staff involved in the City's Small Business Loan Program. <br />Regulatory Agreement Exhibit E <br />Page 2 of 3 <br />