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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />%-1A-05 <br />OF COUNCIL <br />A-2004_O87-01 <br />8/04 <br />CLERK AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />DATE: f 2-7-o+f THE NATIONAL HERITAGE FOUNDATION INC. FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />oo(e,) This Agreement, is hereby made and entered into this 3rd day of May, 2004, by and <br />between the City of Santa Ana, a charter city and municipal corporation of the State of California <br />("CITY") and the National Heritage Foundation Inc., a 501(C)(3) nonprofit corporation <br />("SUBRECIPIENT"). <br />WITNESSETH <br />Recitals: <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG') <br />Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG <br />funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBG REGS"); and <br />B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the <br />Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and <br />C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY <br />to receive CDBG funds and administer such financial assistance; and to provide the services <br />described in "Exhibit A," in accordance with the schedule of performance included therein, <br />hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and <br />willing to operate said program and certifies that the activities carried out with funds provided under <br />this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part <br />570.208). <br />D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of <br />such funds; and <br />WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a <br />substantive part of this Agreement and the following terms and conditions are approved and <br />together with all exhibits and attachments hereto, shall constitute the entire Agreement between the <br />CITY and SUBRECIPIENT: <br />I. <br />A. Non -Profit Status - Representations and Warranties. <br />(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation <br />in good standing and authorized to do business under the laws of the State of California. <br />SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and <br />to undertake all obligations as provided herein and the execution, performance and delivery of <br />1 <br />