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HomeMy WebLinkAbout1975-01 HA . . . . . . - '. . -.' ¡ . " .' RESOLUTION NO. 75-1 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT FOR LEASING PRIVATE ACCO!1MODATIONS PURSUÞ.NT TO SECTION 23 HOUSING ASSISTANCE PAYMENTS PROGRAM AND PROVID- ING FOR A GENERAL DEPOSITARY AGREEHENT FOR PROJECT NO. CA-oq,-OOh . . WHEREAS the H sin Authorit of the Cit of Santa Ana (herein called the "Local Authority" proposes 1 to enter into a contract herein called the "Contract") with the United States of America (herein called the "Government"); and (2) to provide for a General Depositary Agreement with Banco del Pueblo (a member of the Federal Deposit Insurance Corporation, herein call.ed the "Bank"); all with respect to any "Project" as defined in the Contract, and which'at any time, now or hereafter, is incorporated under the terms of such Contract, BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS: '. . Section 1. The proposed Contract designated "Housing Assistance Payments Program Annual Contributions Contract", pursuant to the United States Housing Act of 1937, as amended, consisting of Three Parts, is hereby approved and accepted both as to form and substance, and the Chairman of. the Housinq Authority Commission .is hereby authorized and directed to execute said Contract in three counterparts on behalf of the Local Authority, and the Secretary , is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward such executed counterparts to the Government, together with such other documents evidencing the approval and , authorizing the execution thereof as may be required. by the Government. Section 2, The "Bank" and the Local Authority have previously entered into a General Depositary Agreement, Form HUJ)-5l999A dated 5-B-73 which provides for the deposit of specified monies of "...one or more additional low rent housing projects...". The Local Authority hereby determines that pursuant to the terms of the Agreement the &forenamed Bank shall be the Depositary for the project established under the Contract hereinabove approved. . . . Section 3. The . Executive Director is hereby authorized and directed to file with the Government from time t~ time as payments are required, requisitions together with the necessary supporting documents requesting periodic payments to be made on account of the Annual Contributions Contract, and the proper officers of the Local Authority shall prepare, execute and deliver to the Government said requisitions in a form pre- scribed by the Government and shall accept payment therefor from the Government and such persons are authorized to do and perform all other things and acts required to be done or performed in order to obtain such payments, which shall be deposited and disbursed only in accordance with the provisions of the Annual Contributions Contract. Section h. This Resolution shall take effect immediately. . . *~ H~ u. S. Ijì¡ARTHE:1T OF HOUSI!;G AIm UCGAN _ELOP',ŒNT SECTI.3 iiülÎsn¡G ASSISTA1;CE P;:!.~,:::;;¡~ROGRAJ.I ANNUAL CONTRIDUTIOHS CCNTRACT PART A This Annual Contributions Contract (ACC) is entered into as of the day of , 19----, by and between the United States of America (herein called the "Government"), pursuant to the United States Housing Act of 1937 ~42 u. s. C. 1401, et ~" which Act as amended to the date of this ACC is herein ~led the "Act") and the Department of Housing and Urban Development Act (42 U.S.C. 3521), and -1:11" H""~;"'g: A,,-I:l1,,-rity of the r,itv of Santa Ana (herein called the "Local Authority"), which is organized and existing under the laws of the State of r,,,,; fo,..,,; " and is a "public housing agency" as defined in the Act. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: .....- 0.1 Project or Projects. The Local Authority is undertaking to provide decent, safe, and sanitary housing for families of low income (further defined as "Family" or "Families" in Section 2.2) in privately owned accommodations pursuant to Section 23""of the Act by means of Housing Assistance Payments Contracts ("Contracts") with the persons or entities having the legal right to lease or sublease such housing ("Owners"). Such undertaking m1lY involve an agreement for the use of housing to be constructed ("New Construction"), an agreement for the use of existing housing to be substantially rehabilitated ("Substantial Rehabilitation"), or the use of existing housing without substantial rehabilitation ("EJdsting Housing"). In each instance, the type of housing and the number and sizes of dwelling units with respect to which a certain maximum Annual Contributions commitment is made shall constitute a Project hereunder and shall be identified by a stated Project number. .:;, . 0.2 Part I and Part II of this Annual Contributions Contract. -- (a) Certain provisions of this ACC, principally those which are specifically applicable to a designated Project, are contained in Part I. Separate forms of Part I are used for different types of Projects' (i.e., New Construction, Substantial Rehabili- tation, and Existing Housing). A separate Part I, on the applicable form thereof, has been executed with respect to each Project hereunder, and each such Part I, so executed, constitutes a part of this ACC. (b) The remaining provisions of this ACC, Projects hereunder, are contained in Part II, which, constitutes a part of this ACC. 0.3 Fiscal Year. Except for the first Fiscal Year of each Project, there shall be one Fiscal Year for all Projects hereunder. Such established Fiscal Year shall be the 12-month period ending of each calendar year. The first Fiscal Year for each Project shall be as provided in the Part I applicable to such Project. which are applicable to all although not separately executed, '. r HOUSING AUTHORITY OF THE CITY OF SANTA ANA . By ~ ATTEST: Harry K. Yamamoto .(Type or Priñ"t Name) (Signature) Chairman of (Tftl.e) Housing Authority commission \Type or Print Name) UNITED STATES OF AMERICA Secretary of Housing and l': eu.n Development ounsel for the Housing Authority By Area Director Loe Anßeles Area Offi ''') '.. . . , . I ! ., . ' " " , , 1.1. 1.2. ~. . . . : ,~ .... , ' . ' . . '. u, S. DEPARTHENT OF HOUSn:C AND URBAN DEVEJ.OPHENT SECTION 23 HOUSIr:G ASSISTA:~CE PAY1'!E!rrS PROGI,,\}\ ANNUAL CO¡;TRIIJUTIONS CONTRACT PART I . ; EXISTING HOUSING PROJECT NO. CA-093-004 The Project. It is contemplated that the Local Authority will enter into Housing Assistance Paymer.ts Contracts ("Contracts") with respect to the following numbers and sizes of dwelling units: . , . Size of Unit 1-Br. 2-Br. 3-Br: 4-Br. 5-Br. Numb",,," of Units 15 70 120 75 20 The Local Authority shall, to the maximum extent feasible, enter into Contracts in accordance with the nuniliers and sizes of units specified, but the Local Authority shall not enter into Contracts or take other actions which will result in a claim for a total Annual Contribution in respect to the Project in excess of the maximum amount stated in Section l.3(a). ¡,uthorization of Aetions bv 1.oc,,-l Author.itv. (a) In order to carry out the Project, the Local Authorit)' is authorized to (i) enter into Contracts, (ii) make Housing Assistance Payments on behalf of Families, and (iii) take all other ne!cessary actions, 'all in accordance with the forms, conditions, and requiretlents prescr:f,bed or approvi<d by the Government; Provided, hO<lever, that neither the LoeBl Authority nor the Government shall assume any obligatJ,on beyond that provided in Housing A>lsistance Payments COlltracts in the form approved by the Government. . . (b) The term of each Contl'act shall be coterm:f,nollS Idth the term of the! Lease between the o-.;;\e17 and the Fau.il)', ,,'hich term shall be for not less than one yenr (subject to earlier termination in accordance with its provioions) and shall " . ' :;.~ .- .' ~':' . , '. ," " ' .'. r I . . . . 1.3. .. " .-. + --_._..~. ~. . . . : ,~ , ',. ...... , . . " " . " " . cenernlly be for not more than one year; Provideù, however, that the specified Lease term, including specified 1"ene...'al options, if any, shall in no event exceed three years or the term of this Annual Contributions Contract, whichever is shorter, . Annual Contributions. (a) (b) Notwithstanding any other provisions of this ACe (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the Local Authority, the Government shall not be obligated to ~ßke any Annual Contributions or any other payment in respect to the Project , in excess of $751,307 ; Providcd, however,. that this amount shall be reduced CODl~ensurate with any ,reduction in the number of units pursuant to Section l.8 of this ACC. Subject to the maximum dóllar limitation in paragraph (a) of this Section, the Governrn"nt shall pay Annual Contribu- tions to the Local Authority in respect to the Proj ect in an amount equal to the sum of the following: . , (1) The amount of housing assistance payments payable during the Fiscal Year (see Section 1.4) by the Local Authority pursuant to Contracts, as aut,horized in Section 1.2. (2) The allowance, in the amount approved by the Government, for security and utility deposits. (3) The allowance, in the amount approved by the Government, for preliminary costs of administration. (4) The allo¡.¡ance, in the amount approved by the Government, for the rcgular costs of adtlinistration. (c) Subject to the maximum amount stated in paragraph (a) of this Section, the Annual Contribution for any Fiscal Year may include such amount as. the Governmcnt may determine to be necessar)' to assure that the low-rent chal"acter of the Proj- ect will be maintained, which amount shall be c.redited to nn account maintained by the Local Authority or the Government as determined by the Government. To the extent funds nre available in said account, the Annual Contribution for any <- , ' 2 , I ,,' " ~ ~'.. ' ," r . . . '. . --..- -- ~ 1,4. ~. . . : 1 '~ .. " " . . r Fiscal Year II'ßY exceed the maximum amount st~lted in parar.raph (a) of tlda Section by ~uch amount, if an)', us may be. required íor incrells"s reflccted in the e.stimates of required annual contributions ap?licable to such Fiscal Yellr as approved by the Government in accordance with Section 1.7 below. Any 'amount re",aining in said eccount after pa)'ment of the last Annual Contribution with respect to the. Project shall be applied by the Government as a receipt in accordance with Section 18 of the Act. (d) The Government ",ill make periodic payments on account of the Annual Contributions upon requisition therefor by the Local Authority in the form prescribed by the Government. Each requisition ahall include ce.rtifications by the Local Au- thority that housing assistance payments have been or will be made only ,dth respect to uni~s which: (1) are under lease by Families at the time such housing assistance payments are made except as other\-lise provided in the Contracts; and (2) the Local Authority has inspected or caused to be inspected purHuant to Section 2.7 of Part II of this ACC, \lithin one year prior to thc making of such housing assistance payments. (e) Following the end of each Fiscal Year, the. Lpcal Authority ohall promptly pay to the Government, unless othe.r dis- position is approved by the Governil1Cnt, the. ar.>ount, if any, by which the total emount of periodic payments èuril13 the ¡"Ü:cal Year e"c"eds the total amount of the Annual Contribution payable for such Fiscal Year in accordence \lith this Se.ction. nsclIl Y..ar. The. Fiscal Year for the Project shall be. the i;iscal lenr e.s\;nblished by Se.ction 0.3 of'this ACC; Provided, however, that the first Fiscal Year for the Project oha11 be the period beginning with thO! Date of Execution :md cndú1ß on the las\; day of said estnblishcd Fiscal Year which is not less than 12 months after the. Date of E"e.cution. If the 'first Fiscal Year exceedo 12 monthn, the IIID"j.mum Annual Contri- bution in Section 1. 3(a) may be adjusted by the add'ition of the pro ,rata all'~ullt applicable to the pe.riod of operation in excess of 12 months. 3 ;, " '. . r. , , I . . . . '. . '. 1.5. 1.6. 1.7. , -.- -. . . . : ,~ . " . . " . " . '. '. ------.---.. . Term of This ACC. The term of this ACC with recpect to the Project sh:Ül T,ë four years begin,-,i11g with the! Date of Execution; Provided, hOHever, that this ACC shall continue in effect for one additional year with respect to nousing Assistance Payments Contracts enter~d into at any time during the four year period. Federal and Local Government Approvals. (a) this ACC and the undertnking by the the Annual Contributions as herein provided approved on List No. SF-75-o68 for Annual Contracts. The making of Government of has been duly Contributions The governing body of the locality in which the d'~elling units are to be located has approved,the application of Section 23 of the Act to the locality, by resolution or ordi~1ance duly adopted on , 19_. E,¡tif.late of Recuired Annur.l Contributj.ons. (b) (a) At or about the date of execution of this ACC, the Local' Authority shall submit an Initial Estim:lte of Required Annual Contributions (Prelimin~ry Costs) and an ,\nnu~l Estimate of Required Annual Contributions. These forms cover the estimated amounts ror the costs of nonexpendable equipment, administration, security and utility peposits, and housing assj,stance payments. (b) Not earlier than 150 and not later than 90 days prior to the beginning of each subsequent Fiscal Year, the Local Authority shall suhmit an ,\nnual Esti=te of Required Annual Contribu- tions with supporting documentation for any requested changes in the "",ount of housing asr.IsLance payments or the allowance for the cost of administration. (c) Any of: the above Estimates may be revised to reflect changes in circumstances and aVailable data. (d) All Estimates of Required f~nual Contributions and . revisions thereto s~bmitted by the Local Authority be'subject to Government approval. any shall 4 .. /, ,,' ." t.~' . . . " " , , ,. , ~ .. . , ,~ , ~.'. . . . . ,~ . . ',. i... . ' , . . 1.8. Ex,'editious C"rryinr, Out of Pr01t'ct. The Local Authority shall proceed expeditiously with the housing of Families, throur,h the use of housing assistance payments. If the Local Authority f.:1i1s to proceed expeditiously, the Governm~nt, by notice to the Loc.:11 Authority, may reduce the Project to the number and sizes of dwelling units under Contracte with Owners as of the date of the receipt of such notic!> by the Local Authority, with a corresponding reduction in the maximum amount of Annual Contributions specified in Section 1.3(a). ì . , . 1.9. Date of Execution. The Date of Execution of tM,s ACC with , respect to this Project ("Date of Execution") is , , . . 1.10. Prior ACCs Superceded. if any. This Part I supercedes prior ACC Parts I, SEAL - HOUSING AUTHORITY OF THE CI'rY OF SANTA ANA BY. ~ I , 'T¥arry J{ y~ Type or Print Name Chairman of Housinq Authority Commission , (Tmë) ATTEST: . BY. Signature '[Type or Print Name) . ~ BY; UNITED STATES OF AMERICA .~ ~~:--~Of.-'" on< Urb~ D~lopm- 'for the Høusing Authority Area 'Director . . LÐs Angeles Area Office ., ~ , ¡ . .."1'-" " . " " '. 5 to.. . " " . .' , .0 r ¡