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HomeMy WebLinkAboutSANTA ANA NEIGHBORHOOD HOUSING SERVICES (2)DMF/fm 2/5/91 . ...... ...... . .... 0 r7- THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA NEIGHBORHOOD HOUSING SERVICES FOR USE OF CDBG FUNDS FOR RESIDENTIAL REHABILITATION LOANS THIS AGREEMENT, made and entered into this tti I day - / , of 19 by and between the CITY OF SANTA ANA, a municipal corporation of the State of California ("CITY") , and Santa Ana Neighborhood Housing Services, a non -prof it California corporation (11SUBRECIPIENT11), Recitals: W-I-T-N-E-S-S-E-T-H 1. CITY is the recipient of Community Development Block Grant funds from the United States Department of Housing and Urban Development (""HUD") pursuant to the Housing and Community Develop- ment Act of 1974, as amended ("ACT"). 2. CITY approved the provision of funds pursuant to the ACT to SUBRECIPIENT to operate a residential rehabilitation loan program during the three (3) year period from 1979 through June 30, 1.982 in accordance with that certain "Agreement Between the City of Rage 1 of 8 Page —a Santa Ana and the Santa Ana Neighborhood Housing Services for the use of Community Development Block Grant Funds," dated May 19, 19BO ( "said agreement" ) . 3. CITY and SUBRECIPIENT amended said agreement by a writing entitled "First Amendment To Agreement Between the City of Santa Ana and the Santa Ana Neighborhood Housing Services For the Use of Community Development Block Grant Funds," (hereinafter "first amendment") to increase the amount of CDBG funds to be deposited in the Revolving Loan Fund ("RLF") and to extend the term of said agreement until, the end of CITY's fiscal year 1983-84. The first amendment is dated October 10,1983. 4. CITY and SUBRECIPIENT again amended said agreement by a writing entitled "Second Amendment to Agreement Between the City of Santa Ana and the Santa Ana Neighborhood Housing Services for Use of Community Development Block Grant Funds" (hereinafter second ame°ndment"), dated July 2, 1984, to increase the amount of CDBG funds in the RLF and to extend the term of said agreement until the end of CITY's fiscal year 1.984-85. 5. The parties now desire to amend said agreement to permit SUBRECIPIENT to use RLF funds for loans outside the Artesia-- Pilar neighborhood and to extend the term of said agreement until the closeout of said program. 6. The parties also desire to designate SUBRECIPIENT as SUBRECIPIENT wherever the word "CONTRACTOR" appears in said agreement and the first and second amendments. Page 2 of 8 Pages WHEREFORE, for and in consideration of the respective and mutual covenants and promises of said agreement as amended, and subject to all of the terms of said agreement, as previously and hereby amended, the parties hereto do hereby agree as follows: 1. Paragraph A of Part I of said agreement is hereby amended to read as follows: "A. SUBRECIPIENT agrees to conduct a program in accordance with 24 CFR Part 570 for rehabilitation loans with the purpose of awarding rehabilitation loans to property owners within the Santa Ana Neighborhood Housing Services target area as designated in the map attached hereto as "Exhibit A," and incorporated herein by reference, and outside said target area to owners of residential property who are low or moderate income persons or in the Case of residential rental property, at least 51% of the tenants are low and moderate income persons." 2. Part I of said agreement is hereby amended by adding paragraph J to read as follows: "J. As used herein the words "CONTRACTOR" and ""SUBRECIPIENT"" are interchangeable, both referring to the contracting party with the CITY, Santa Ana Neighborhood Housing Services, a subrecipient of CDBG funds." 3. Part I of said agreement is hereby amended by adding paragraph K to read as follows: Page 3 of 8 Pages "K. SUBRECIPIENT agrees to comply with 31 U.S. Code 1352 by signing the certifications regarding lobbying found in Exhibit C, attached hereto and by this reference incorporated herein." 4. Part I of said agreement is hereby amended by adding paragraph L. to read as follows: "L. Prior to disbursing any funds, SUBRECIPIENT agrees to obtain approval of each loan outside the Artesia--Pilar neighborhood from the Executive Director of the Housing Authority of the City of Santa Ana, or delegee, for purposes of ascertaining compliance of SUBRECIPIENT with all applicable federal laws and regulations, said approval not to be unreasonably withheld." 5. Part III of said agreement is hereby amended to read as follows: "III. DURATION The term of this agreement shall be from the date of execution of its most recent amendment until the closeout of said program." 6. Part XIII of this agreement is hereby amended to read as follows: "XIII TERMINATION AND CLOSEOUT A. This agreement may be terminated on thirty (30) days' written notice by either party. In the event of Page 4 of 8 Pages such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. Pursuant to 24 CFR 85.43, if in the event SUBRECIPIENT defaults by failing to fulfill all of any of its obligations hereunder, CITY may declare a default and termination of this agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this agreement, or as a result of the termination thereof, including the payment of money, except for payment of approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. C. The grant of funds under this agreement may be terminated for convenience in accordance with 24 CFR 85.44. Page 5 of 8 Pages D. In the event this agreement is terminated as set forth in Part XIIIA through Part XIIID, inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRE- CIPIENT's rights, any and all funds not used, and to comply with this Part XIII regarding closeout procedures. E. Closeout Procedures 1. "Closeout" is defined as termination of SUBRECIPIENTTIs Community Development Block Grant program. Upon closeout, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this agreement as well as any accounts receivable attributable to the use of CDBG funds. Any real property under SUBRECIPIENT's control that was acquired or.improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: a. Used to meet one of the national objec- tives stated in 24 CFR 570.208 until five (5) years after expiration of this agreement, or for such longer period of time as determined to be appropriate by CITY; or b. Disposed of in a manner that results in CITY's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to the Page 6 of 8 Pages expenditure of non-CDBG funds for acquisition of, or improvement to, the property. 2. SUBRECIPIENT hereby agrees, at closeout of SUBRECIPIENT's program, to execute, acknowledge and deliver, or to cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment; (s) , quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in .and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for other, which were obtained for the purpose of the performance of this agreement or any previous agreements relating to the same subject matter or activities as this agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obliga- tions and responsibilities, set forth in this agreement shall not be affected by the termination of this agree- ment and shall survive the date of termination of this Page 7 of 8 Pages agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satis- faction of CITY and HUD." 7. Except as expressly amended, said agreement shall remain and be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above -written. DATED: a /I/ /,yiP � By: ATTEST: 10MV801 DATED: anWeis` City Manaper CITY OF SANTA ANA, a municipal corporation of the State of California OA14ICE C. GUY Clerk of the Coun r1l SANTA ANA NEIGHBORHOOD HOUSING SERVICE: By: EDWARD J. COO�_)E City Attorney I