1st Amendment to Nimitz Ground Lease(20117139.1)_r

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“Section 5.6 County Grant. Lessor and Lessee acknowledge that a portion of the City Rehabilitation Grant will be obtained from $466,034 of HOME ARPA funds provided by the County pursuant to the County Grant Agreement. In connection therewith, Lessor and Lessee shall comply with the following requirements: (a)The Project Budget submitted by Lessee to Lessor for Lessor’s approval, as set forth in Section 5.2 hereof, shall be in compliance with the requirements of the County Grant Agreement. (b)Lessee shall ensure that the Project meets the project requirements as described in HUD Notice CPD-21-10 (the “Notice”). (c)Lessee shall carry out the Project in compliance with the requirements of 24 CFR 92 subpart H and 24 CFR 92.505. (d)Lessee shall maintain the following records, and the following information and reports must be submitted to Lessor, to assist Lessor in meeting its recordkeeping and reporting requirements under the County Grant Agreement: Lessee shall establish and maintain all program records, project records, financial records, and records concerning other Federal requirements as described in Section VIII.F of the HUD HOME ARP Notice CPD 21-10, as such notice may be revised or replaced from time to time, including but not limited to equal opportunity and fair housing records, affirmative marketing and Minority Business Enterprise/Women Enterprise records, records concerning intergovernmental review as required by 24 CFR 92.357, records of emergency transfer requests, documentation of actions undertaken to meet the requirements of 24 CFR part 75, and records demonstrating compliance with environmental review requirements, labor requirements, lead-based paint requirements, conflict of interest requirements, debarment and suspension requirements in 2 CFR part 2424, requirements of 24 CFR 92.353 and Section VII.F of Notice CPD 21-10 regarding displacement, relocation, and real property acquisition. Lessee shall further establish and maintain all invoices, documents, payrolls, time records and other data related to the matters covered by this Ground Lease. Lessee shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section 5.6(d) in a readily accessible location and condition for a period of not less than five (5) years after Project completion. Lessee shall make available to Lessor, and its employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls, and other data required to be established and maintained by Lessee. Lessee shall permit Lessor, and its employees and authorized representatives, to inspect, audit, examine, copy and make excerpts and transcripts from any of the foregoing. (e)The Project shall meet the Restricted Use Period as described in Section VI.E.9 and Section VI.E.11 of the Notice (minimum 10 years with at least 5 years operating as non-congregate shelter before conversion to permanent housing). Docusign Envelope ID: 917058E9-A7D0-495A-B516-E1C59F7309B8