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HomeMy WebLinkAboutSANTA ANA NEIGHBORHOOD HOUSING SERVICES (4)--� i u l U u AGREEMENT BETWEEN THE CITY.OF SANTA ANA AND THE SANTA ANA NEIGHBORHOOD HOUSING SERVICES FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into this 1q 4� day of YY1 ';�Ay , 1980, by and between the City of Santa Ana, a municipal corporation of the State of California ("CITY"), and the Santa Ana Neighborhood Housing Services, a non-profit corporation of the State of California ("CONTRACTOR"), W I T N E S S E T H Recitals: 1. CITY is the recipient of Community Development Block Grant ("CDBG") funds under Title I of the Housing and Community Development Act of 1974 from the U. S. Department of Housing and Urban Development ("HUD"). 2. CITY is permitted to use CDBG funds for certain housing rehabilitation activities under federal regulations. 3. CONTRACTOR is a non-profit corporation formed under the laws of the State of California to carry out the activities authorized -by 24 Code of Federal Regulations ("CFR") 570.204 (a)(2)(ii). �. 4. CITY desires to engage CONTRACTOR to perform certain housing rehabilitation activities during the 19.79-80 fiscal year ending June 30, 1980, the 1980-81 fiscal year ending June 30, 1981, and the 1981-82 fiscal year ending June 30, 1982, subject to availability of CDBG funds. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. Contractor's Obligations. A. CONTRACTOR agrees to conduct a program in accordance with 24 CrR p Sections. 370 et seq. , `€+r rehatbil itation :cans with the purroaea of awarding rehabilitation loans to property carers within the Santa Ana Neighb&rhood r'ollsinq SrrT: icc-ss tarc;et area, said area beino rycsignatne in the man attachne.l hcret(' as "FXhibit A," and incor.orated racrcin t,> rz� r•r�--ncf:. B. ror such reh;,:�t?i i itat i or. .urns srs , C nr* ^^,,L ^t+ d'7rr,Qs to establish a Revolving T,oan Fund (""f LF') [pursuant to t),C T^rovisiors of 24 CFI' 570.51.3, and Cllt TPAC^OR agrees to ICT(Isit therein all funds received, inciudina but not key way of limitation, CFP% funds pursuant -to this Agreement, designated gifts frcn they Neighborhood Peinvestment Corporation, anr: yfif'ts Oesignated to the ' froze lending institutions, resiOer.ts or other sourc c?s. C. Any funds rIepc sited in the RL.P shall br.. €zrrc, for the sole purpose stateri in Paragraph I.A. above. D. Interest earned on any deposits In the PIT, on rT,F 1ocr�ns or any Other income is to be arld€d to the PLF to h; usn , to provVie additional loans. E7. ThTILF is to be used only for the purpose of l:ro.itiny lour interest loans to the following classes of propfrt4 owners-, 1. Property owners Who 00 not meet underwriting critrria rcquired by the conventional lending market, using standa,re industry practice:, for horse improvement leans. / 2. rroperty owners who do not qualify for ✓ CITY Community r-vcicpn.Pnt Programs or other goverrmen.tal pro,rErs. / 3. Property owners who meet the loan rolicics ✓ and procedural requirements Establishers by the snnta rna P?Ci,Cjbbort.00dE ricusinR Services Loan Committee, attacl`Po hereto as rxhUit "fl° and incorperat4d herein by reference. It is turthcr agreed that at its sole discrcticn CONTr AC IO'n ,;aiy fund' partial loans to property owners eligible -2- under this paragraph for the purpose of supplementing other loans for which such property owner is otherwise qualified. F. CON PACTOR shall com*renca- to use the funds depositeC in the, RLF for rehabilitation financing �ssistancv within forty five (45) calendar days from and after such deposit in accordance with TTTJD recu7ations. C. COlTRhCTOF shall submit quarterly reports to CI-Y, 4ue: on or before the first clay of July, October, January, and? Arril of each year duringq, the tern of this Acreerecnt, containing the following irjformation: I. Statistical data,with respect to loans in T>rogr€lss and completnd. 2. A detail report of RLF activity. 3. An overview of staff and volunteer activity. q. CONTRACTOR shall Present to the CITY annually, can or :.sefere the first day of July during each year of this Agreemment, a copy of its financial audit, which shall be performed by an independent certified public accountant. I. upon termination of thin Pgreenent, CONTRACTn*. shall continue to utilize all funds remaining in the PLF for the purpose stated hesreinaboFe in Paragraph I.A., provih.ed, however, that if £ONO -FACTOR for any reason discontinues husincss during the term of this Agreement, the assets co -"pitted by CITY for loans shall be returnee: to CITY. IT. City's Obligations. A. CITY agrees to,budget One Hundred Thousand Dollars ($1 ^,000.LQ) per year for three (3) consecutive years (fiscal years 1979-82), subject to the availability of Community Us,Velopme'nt Block Grant fun4ing, for a public z nprcv,rent nrograr.i within the target area as shown in Z. hi it T" =-stnr.linhcd after citizen participation, review by COFTRaCT'Or's poard of Lirectors, and as -approved by the City Council of CITY. B, CITY agrees to provider a bilingual housing code inspector, as required, to work in anO implement a code -3- _,- r necessary for its proper protection in..the prosecution of the work. XI. Exclusivity and Amendment of A feement. This Agreement supersedes ahy and all other agree- ments either oral or in writing between the parties hereto with respect to the employment of CONTRACTOR by CITY and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XII. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. XIII. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA, a municipal corporation �LE2R p 'FETE CnU�CIL ( I MAYOR /+ "CITY" APPROVED --AS TO FORM: L/ ..NEIGHBORHOOD HOUSING SERVICES, INC. EDWARD J. COO EP By: _ City Attorney e By: M TOR" QM