**CITY OF BOSTON**

BOSTON PUBLIC HEALTH COMMISSION

> **ENVIRONMENT HEALTH OFFICE**
>
> **HEALTHY HOMES PARTNERSHIP PROGRAM**
>
> **CONDITIONAL GRANT AGREEMENT**
>
> The undersigned, hereinafter referred to as the Recipient(s), hereby
> agrees to the following TERMS AND CONDITIONS of this HEALTHY HOMES
> PARTNERSHIP PROGRAM of the City of Boston, acting by and through its
> Public Health Commission by the Director of the Boston Public Health
> Commission. Any misrepresentation or failure to comply with any of the
> TERMS AND CONDITIONS contained herein shall constitute cause for
> termination from the HEALTHY HOMES PARTNERSHIP PROGRAM.
>
> **Recipient(s) Name(s): Mr. Jones**
>
> **Recipient(s) Address: 400 Main Street #3 Sweet Ville, MA**
>
> **Address of Property to be Remediated: 400 Main Street #2 Sweet
> Ville, MA**
>
> **Terms of Assistance: Occupant of the property to be rehabilitated
> must remain for a minimum of 12 months from the date of this
> agreement. If the occupant is a tenant, and chooses to leave
> voluntarily before the end of this period, the property must be rented
> to another family with asthma. The rental rate of the property cannot
> be increased as a result of any improvements made through the Healthy
> Homes Partnership Program.**

# **DISCLOSURE**

A.  The Recipient attests that he/she is the sole owner of the property
    to be rehabilitated.

B.  The Recipient certifies that he/she maintains the property to be
    rehabilitated as his/her principal residence.

C.  The Recipient certifies that no real estate taxes are currently due
    and owing on any property he/she owns in the City of Boston and
    understands that no payment shall be made under this Loan unless tax
    payments are current or a written approved payment plan is in place.

D.  Neither the Recipient nor any member of his/her immediate family is
    currently employed by the Boston Public Health Commission as a
    person with decision making authority for the Healthy Homes
    Partnership Program nor has he/she nor any immediate family member
    been so employed within the previous twelve-month period.

E.  The Recipient certifies that he/she has not been convicted of tenant
    harassment in the Housing Court and is not a defendant of a criminal
    complaint in the Housing Court.

F.  The Recipient certifies that he/she has not been convicted of
    violating Fair Housing Laws, is not currently a Defendant in such an
    action, and is not currently in mediation with the Boston Fair
    Housing Commission or the Massachusetts Commission Against
    Discrimination (MCAD).

G.  The Recipient desires that certain improvements related to asthma,
    lead and injury prevention be made to the Property.

H.  The Recipient has chosen to have these improvements made at his/her
    own initiation and request and has not been otherwise induced to
    participate in the Program.

I.  The Recipient is aware that the Healthy Homes Partnership Program
    may provide assistance, conditioned upon the fulfillment of certain
    obligations, to fund certain eligible remediation.

J.  The Recipient(s) agrees to comply with the appropriate United States
    Department of Housing and Urban Development (HUD) Regulations
    pertaining to lead-based paint poisoning code regulations 24 CFR 35;
    Massachusetts Regulations relating to Lead Poisoning Prevention and
    Control 105 CMR 460.000 and Massachusetts General Law Chapter 111.

K.  The Recipient agrees that should he/she receive a Grant through the
    Healthy Homes Partnership Program, the terms of the financial
    assistance provided shall include the performance of certain
    conditions which shall provide that the Occupant must continue to
    reside in the Property for 12 months from the date hereof, not
    increase rents as a result of improvements made under the program,
    upon apartment turn-over, rent the dwelling unit to families with
    children with asthma and comply with all other TERMS AND CONDITIONS
    herein contained for a period of 12 months from the date hereof.
    Upon satisfaction of the above conditions, the amount of the grant
    assistance hereunder shall be forgiven.

L.  Payment shall be made by the City to the Contractor who performed
    the remediation work only after acceptance of the work by the
    Recipient. In the event that the Recipient has an objection to
    payment to the Contractor due to concerns relating to the quality of
    the remediation work, it must be expressed in writing with the
    Boston Public Health Commission within seven (7) days after the
    request for signoff by the Recipient. The Boston Public Health
    Commission will then retain an independent inspector to determine
    the adequacy of the remediation work. The findings of the
    independent inspector shall be final, and will determine whether the
    Contractor will be paid by the City.

M.  The Recipient understands and agrees that any scope of work prepared
    by the Contractor does not in any manner warrant the condition of
    the property to be remediated. It is expressly understood that the
    scope of work is not an inspection report.

N.  The Recipient shall comply with the guidelines and regulations
    pertaining to houses and districts listed in the National Register
    of Historic Places, or designated as a Landmark District by the
    State Historical Commission, or by the City of Boston Landmarks
    Commission.

> **DISCLAIMER**
>
> The Recipient is fully aware that the purposes of the Healthy Homes
> Partnership Program are to ensure that the remediation work is
> completed in a safe and workmanlike manner and to ensure that various
> terms of funding sources are met.
>
> THE HEALTHY HOMES PARTNERSHIP PROGRAM IS A CONDITIONAL GRANT PROGRAM
> TO PROPERTY OWNERS FOR REMEDIATION WORK THAT THEY HAVE CHOSEN TO MAKE.
> THE CITY HAS NOT INDUCED THE PROPERTY OWNER TO PARTICIPATE IN THE
> PROGRAM, AND HAS MADE NO REPRESENTATION CONCERNING THE CONDITION OF
> THE PROPERTY, THE QUALITY OF WORK PERFORMED OR TO BE PERFORMED, OR THE
> CAPABILITY OF THE CONTRACTOR. THE HEALTHY HOMES PARTNERSHIP PROGRAM IS
> NOT INTENDED, NOR DOES IT, IN ANY MANNER, CONFER RIGHTS TO THIRD
> PERSONS OR ENTITIES NOT PARTIES TO THIS TERMS AND CONDITIONS AGREEMENT
> AND DISCLOSURE STATEMENT.
>
> Under the pains and penalties of perjury, the Recipient certifies that
> all information and representations furnished by the Recipient are
> true and complete.
>
> The Recipient acknowledges that any misrepresentation of any fact may
> result in suspension or termination from the HEALTHY HOMES PARTNERSHIP
> PROGRAM, as determined in the sole discretion of the Boston Public
> Health Commission.
>
> Further, the Recipient certifies that any failure of the Recipient to
> maintain his/her affirmative obligations relative to:
>
> **ownership**
>
> **rent increases**
>
> **payment to contractor**
>
> **tax payments**
>
> shall constitute an event of default pursuant to the Conditional Grant
> Agreement and any assistance given under this Program shall be
> declared immediately due without further presentment, notice or
> demand.
>
> WITNESS my/our hand and seal this day: Date:
> ­­­­­­­­­\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Witness:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> Recipient:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (name of witness) (name of owner)
>
> Witness:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> Recipient:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (name of witness) (name of owner)

## 

##