CC Resolution No. 5924 ~
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RESOGUTION N0. 5924
' ' A RIsSOLU1'ION OF THE CITY COUNCIL OF 7'ilE CLTY OF CUPfRTINO
MfENDING AGREIsMENT WITiI COhRil~Nt7'Y UOUSING DEVELOPERS AND
AUTFIORIZING EXECUTION TIIEREOF
j W1IEREAS, on June 18, 1980 the City oE Cuperlino entered into an
j aRreement with Community Housing Developers, a non-profit houaing
j development corporation, fo[ development of certain dwelling unita; and
~ WIIFRIiAS, Jt ia desired Co amend the agreement to conform with a~
~ approved ballot measuCe; and ~
I~' NOW, 'CIICRLFURE, BE IT RESOLVF.D U~at tlie City Council of [he City of
I, Cupertino nmend the ~(greement vlth Community Ilousing Developera as per
attached Exhibit "A" and authorize exewtion thereof.
PASS~D AND ADOPTGD at a regul~r meeting of the City Crnincil of the
' City of Cupertino thie ~~rti day of i~ , 1982 by the following
i vote:
I
Vote Members oE the City Council
AYES. Johnaon, Plungy, Rogecs, Sparks, Gatto
I NOES: None '
ABSEN'f : None
I~
ABSTALN: None
,
ATTEST: N'PROVED:
I
i /ti Durv~l hy Cornellus ,luhn Calto
Ctty Clerk M~yor, City of Cupertino
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• MBTqUMENT~19 ARTR E ANO CORRECT COPV
• OF. TNE CIRIOINAL ON F~LE IN TH19 OFFICE.
' 6f a ~•~9~
I ATTEBT
ya . ,9 P't_.
I ¦a~~ ~ L'IT.Y. CLERK F TFIE CI7Y OP ~ qTINO •
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' BV
CII ClF^~(~
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IIOUSING YROVISiUN ACREEMENT
This Ilousing Provision Agreement (the "Agreement") is entered into
and made effective the 27th ciay of Jul~_, 19A2 (the "effective date")
, by and between CO~QIUNTTY IIOUSING DEVELOPERS, a California non-profit hou~ing
developmeht corporation ("Community") and the CITY OF CUPERTINO, an incorpocated
municipality ("Cupertino").
RECITALS
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' W11ERF.AS, Commuaity is a non-profit hout~inS development corporatlon
organized p~ir'suant to the p~ovisiona oE the General Non-profit Cotporation
; Law of the 5tate of CalYfornia; and
WtiEREAS, Community is orga~ized for vecious charitable and educational
purposes, includinQ tlie conetruction, rehabili[d[lon, a~d development of safe,
decent, sc~nit~ry, a~d o[I~erwise healthy low-c~Rt housinR accommodations, in-
cludinR hou5ln~ cooperatives. primarily for tlie under-prLvileged and loa-income
residents oF tlie County oE San[a Clara, Sta[e oE California, and for Qucli other
residenta of moderate income in furtherance of tiie atatutory policy oE the StAte
~ o[ California to accommodate tlie housing ~eeds of all economic segmeQta oE the
' community; and
! WIIERF.AS, Cupertino is tlie recipient of cert~in community development
i
hlock Rrant funds ("CUOG Funds") designated for the development of houslnq Eor
low and moderate-income persons within the Ci[y oF Cupectino or its ephere of
inEluence; and
W{lERfiAS, Cupertino des{res that Community coorJinate the development of
such haunln~ with the CQISC Fund~s, pursuant to lhe provisionR of Tltle I oE the
IlouslnF unJ CommunLty Development Act of 1974, ns amAnded, and other applicable
tederal, state and locul rules, laws~ aad regulationa (collectively "applicable
laws");
' • ~ NOW, TIIGREPORE, tTie parttes I~erehy ~gree ag folloas:
~ 1. Uevel~~ment oE Ilousing. Commimtty sir~ll develop up to twenty-
seven units oF housing Eor low and moderate income phyeically limLted
persons (the "Project") aithin the City of Cupertino on Bianchi Way
' approximately 150 feet south of Stevens Creek Doulevard and Z80 feet
' east oE Stelling Road. Such housing shall he developed in accordance with
' applicable laws of the City of Cupertino and the Urban County and in accordance
, vith state or federal funding programs, including without limitation pcograms
oE the Depnrtment of Housing and Utban Deveiopment ("IIUD"), the California
' Ilausing Financing Agency and the California Uepartment of }{ouaing and Community
Development. City shall provide guidance to insure that goals and objectivea of
the City's General Plan are being met. =
2. CUISC runds. Upon the eEfective date oP this Ap,reement, land acquisltion
' f~ind5 for which Cupertino is eligible during program years ].979-80, 1980-81, and
' 1981-82 shall be made nvailable to Community in accordance aith Depar[ment of
Housing and Urban Development guidelines Eoc disbursement.
, The CDBG Funds to be provided to [he Community are Eor the express purpose of
' acquisition of re~l property for the development oF the Project, including a~ch
predevelopment costa aa appraieals, options, archltectucal drawings, and related
costs. All funcls advanced shall be secured by Deed of Trust, to be subordinated
to any and ail construction Einancing. Said Deed of Trust shall name City as
beneficiary and provide for foreclosure of the property if any of the•[erms oF
this Agreement are not met.
Notice shall be givon in writinR to the Ci[y for ,~~ro~~i by the City ManaRer
prior to enterinR into any binding contract for land acqutsition or other develop-
ment agreement, including Deeds of Trust or otlier encumbrances.
3. Uesi~nntlon of Communlty OEElcers and Dlrectors. Attached hereto ~s ~
Gxhibit "A° and incorporated hecein by this re[erence ls a list set[ing forth
the O[ficers and Directors of Communi[y, ns of the efCective date of thin Agteement.
~i. 'fcrm oC Agrecment. 'fhla ASreement sh~lt bc Car a term of three (3) years~
commenci~q ae of July 27. 1982, provided, however, that this Agreement may be
terminated enrlier purauant to the provtr~iona of Section 6 below. I[ ie the under-
, atanding oE tlie parties hereto tl»t conatruction will be commenced and completed
' : wll,iin [hree (3) yeara from said date. The term oE the Agreement may be extended
iE construction is not completed.
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S. Accountin a Fiscal Matters. Community sh~ compiy with all
7r~4~i~,hie laws regard ng tl~e accountln~ nnd fiscal matters for the use of
' CI)ISG Fu~ds. Community shall Eurnish IIUD, the Urban County or Cupertino
with such statements, records, data, and LnEormation as IIUD, the Urban
County or Cupertino shall request during the term of thla Ag~eement and
applying to the use of CDBG 1°unds. Community shal.l, at any time during normal
, business hours, make available its records relating to the application of CDBG
Funds to Cupertino, the Urban County, HUD, or any representative of the
Comptroller General of the United States, in order to permit an examination
' of any audits, invoices, materials, payrolls, personnel recorde, conditiona
of employment, and other data relating to the perfocmance by Community undec
' this Agreement.
' 6. Termination oE A~reement. ~
(a) p~Community. ~ Community shall haJe the right to terminate thia
Agreement at any time, upon thirty days' written notice, if:
(i) Community is unable to obtain appropriate, necessary financiag
in order to perform its obligatione hereunder, af[er due diligence by Community
in attempting to obtaln such flnancing. ~
(tl) Community is unabie to perform hereunder because of any
prohibitions imposed by Article 34 of the Calif.ornia State Constitution; or
(iti) Community is unable to develop tiie proJect because of
any reasons beyond Community's control, includinq vitliout limitation ~he obtain-
in~ of correct zoning Eor development of the property (ies) selected for development.
(b) BY Cupertlno. Cupertino shall have [he rigi~t [o terminate this
Agreement at any time, upon thirty days' written ~otice, if Community materially
breaches any provisinn oC thts ARreement, if Community materially breaches the
provisiona ~E any ap~licable laws, or if CommunLCy Fails to comply vith any
condi[ions lavfully imposed on the ProJect by IIUI) nr the Urbao Coun[y. or fails
' to comply wi[h City guidance ns described in Paragraph 1.
' (c) 7'his Agrcempnt may he terminnteJ, a[ Cupertino'e option, if, Eo[
any reason, Cupertlno La no longer a participant in CDBC Progcam.
(d) Return of CDBG Funds. Upon the termination oE thia Agreement,
Commuoity ahall return to Cupertino ali CDDG funds whlch have not been spent
• as of the da[e oE termination, together vith a]1 unearned paymente in the form
~f monetary advances, provided, however, that if thia Agreement is tetminaEed '
.,~~•~ci be eu[i~1~~d to recover CUBG Funds wrongfully spent or appiied by
Community, if such r very is permitted by applica(•
~ laws. Except as
. oelierwise provided irTthis Ser.tton G(c), CuperCtno sha]1 indemnity, defend,
and hold harmless Commuitity with respect to a~ll Eimds expended by Community
, pursuant to tliis Agreement, and sliall not hold Communlty liable for the teturn
of any such funds in the event that Community terminates this Agreement pucsuant
to the provisions of Sectlon 6(a) above.
7. Non-Discrimination. Community shall com 1
requirements under a licable lawa. No P y wit~t all non-discrimination
PP person in the U~ited States ahall, on
the basis of race, color, ~ational origin, or aex, be excluded from partieipation
in, be denied the benefits of, or be sub,jected to discrimination with respect to
the Project or any other activity undertaken by Community pursuant to this Agreement.
' 8• Distribution of Pro ram Income. Ail progr9m income deCived from the
proJect shall be returned by Community to Cupertino pursuant to applicable Lnwa
and Urban County regulations. Program income ahall include proceeds from sale oE
' real property prior [o development of the Project ts such sale ehould be author-
' ized pursuaot to Section 10.
8.1 Pro ect Income. All i~come derived Erom the Project vhich is not Program
Income shall be designa[ed Project Income.
8•2 Dist~ibution of Prolect Income. All Project income derived from the
Project shall be retained by Community for disposition as seen fit by Community.
4• Prohibitio~ on LobbyinR. Communlty shall not engage in any publicity,
lobbyinq, or propoRa~da designed to Aupport or defeat legislation
any federal. s[ate or local government. Pending before
10. D1s~ositio~ of Real Pco ert . Commu~ity sh~ll not dispose of the Pro,ject,
in c.h ole or in part, Wliether by sale, lease, donatinn, or otherwise, except aith
the prior written consent or Cupertino and in accordance vith applicable laws.
11. ConflLc[s of lnterest. Community eh~ll, all times during [he term '
oC this Agree•ment, est,nttsi, r~nd maintaln safe~unrda to prohibit individu~ls
nssociated wiCh CnmmiiniCy from uaing any s~~r.h ~ssocla[lon for the purpose that
ic, or ~;ives the ap~earnnce of, Meing motivnted My a{Ieslre for private gafn Eor
themseives or otliets, particul~rly those witl~ vl~~m such individuals hAVe famfly~
buslnesa, or other ties. No person asaociated wtth Community shall have any ~
fi~ancial interest in the Project nor, except as to salaried employeee, recelve
: any .ompensation for servicea rendered pursuant to thts Agreement.
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' 12. Arhltrulluii ul Ulspu[e:;. In Che event of any~diepute
heC~ueen the parlte• [he parties ~:h~ll submt~he mntter to an
~~rbitrator selecCeJ' by the American Arbitratlon Associatlon.
. Such arbitr~tlon sliall be administered by and in accordance with
tlie rules the~ existing oE the Americe~ Arbltration Association.
Tlie CLndlnFs nf tlie arbitra[or and tiie costs of arbitration (not
including aCtorneys' fees) sliall be borne equally by [he pacties
to [he arbitra[ion.
, IN WITNE55 FIFIEREOF, the p9rties have executed thia Agreement
as oE [he date first above written.
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CO~iiII~NITY IIOUSINC DEVEI.OPERS
II ' A Cn11[ornin nnn-proEit
I~ houaing development corporation
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I DY .
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I BY
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CITY Of CUPERTINO
i an incorporated munici alit
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By ~ ~
By .
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RESOLUTION N0. 5924
A RESOLUTION OF Tk1E CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING ACREEMENT WITH COhQ~tUNITY HOUSING DEVELOPERS AND
AUTHORIZING EXECUTION THEREOF
WlIEREAS, on June 18, 1980 the City of Cupertino entered into an
agreement with Community Housing Developers, n non-proEit housing
development corporation, for development of certain dwelling uni[s; and
~ WtIEREAS, it is desired to amend the agreement to conform with an
i approved ballot measure; and ,
i NOW, THEREFORE, SF. IT RESOLVED that the City Council of the City of
Cnpertino amend the agreement with Community Houstng Developers as per
; attached Exhibit "A" and authorize execution thereof.
I PA5SED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this ~~rh day of , 1982 by the following
vate:
Vote Members of the Gity Council
AYES: Johnson, Plungy, Rogers, Sparks. Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTE5T: APPROVED:
/~7.
Gity Clerk yor City of Cu rtino
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HOUSING PROVISION AGREEMENT
This Housing Proviaion Agreement (the "Agreement") is entered into
and made effective the 27th day of July , 1982 (the "effective date")
by and between COMMUNITY HOUSING DEVELOPERS, a California non-pr~fit housing
development corporation ("Community") and the CITY OF CUPERTINO, an incorporated
~ municipality ("Cupertino").
~
I RECITALS
i
WHEREAS, Community is a non-profit housing development corporation
organized pursuant to [he provisions of the General Non-profit Corporation
Law of the State of California; nnd
WHEREAS, Community is organized for various charitable and educational
I purposes, including the construction, rehabilitAtion, and development of safe,
~ decent, sanitary, and otherwise healthy low-cost housing accommodations, in-
' cluding housing cooperatives, primarily for the under-privileged and low-income
~i residenta of the County of Santa Clara, State of California, and for such other
residents of moderate income in furtherance of the statutory policy of the Stnte
of California to nccommodate the housing needa of all economic segments of the
' communi[y; and
, WHEREAS, Cupertino is the recipient of certain community development
block grant funds ("CDBG Funds") designated for the development of housing for
low and moderate-income persons within the City of Cupertino or its ephere of
influence; and
WHEREAS, Cupertino desirea that Community coordinate [he development of
such housing with the CDBG Funds, pursuant to the provisions of Title 1 of the
Housing und Community Development Act of 1974, as amended, and other applicable
federal, state and local rulea, laws, and regulationa (collectively "applicable
laws") ;
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NOW, TNEREFORE, the parties hereby agree as follows:
1. Develoament oE HousinR. Community shall develop up to twenty-
seven units of housing for low and moderate income physically limited
, persons (the "Project") within the City of Cupertino on Bianchi Way
approximately 150 feet south of Stevens Creek Boulevard and 280 feet
' east of Stelling Road. Such housing shall be developed in accordance with
~ applicable laws of the City of Cupertino and the Urban County and in accordance
I with sta[e or federal funding programs, including without limitation programs
i of the Department of Housing and Urban Development ("HUD"), the California
~ Housing Financing Agency and the California Department of Housing and Community
, Development. City shall provide guidance to insure that goals and ob~ectives of
the City's General Plan are being met.
2. CDBG Funds. Upon the effective date of this Agreement, land acquisition
funds for which Cupertino is eligible during program years 1919-80, 1980-81, and
1981-82 shall be made available to Community in accordance with Department of
Housing and Urban Development guidelines for disbursement.
The CDBG Funds to be provided to the Community are for the express purpose oF
acquisition of real property for the development of the Project, including such
predevelopment costs as appraisals, options, architectural drawings, and related
coats. All funds advanced shall be secured by Deed of Trust, to be subordinated
to any and all construction financing. Said Deed of Trust shall name City as
beneficiary and provide for foreclosure of the property if any of the terms of
this Agreement are not met.
' Notice ahall be given in writing to the City for approval by the City Manager
prior to entering into any binding contract for land acquisition or other develoP-
ment ngreement, including Deeds of Trust or other encumbrances.
3. DesiAnation of Communitv Officera and Directors. Attached hereto as
Exhibit "A" and incorporated herein by this reference is a list setting forth
the Officers and Directors of Community, as of the effective date of this Agreement.
4. Term of Agreement. Thia Agreement shall be for a term of three (3) years,
commencing ae of July 27, 1982, provided, however, that this Agreement may be
terminated eurlier pursuant to the proviaions of Section 6 below. It is the under-
standing oF the parties hereto that construction will be commenced and completed
within [hree (3) years from said date. The term of the Agreement may be extended
if construction is not completed.
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5. Accounting and Fiscal Matters. Community shall comply with all
applicable laws regarding the accounting and fiscal matters for the use of
CDBG Funds. Coimaunity ahall furnish HUD, the Urbun County or Cupertino
with such statements, records, data, and information as NUD, the Urban
County or Cupertino shall request during the term of this Agreement and
applying to the use of CDBG Funds. Community ahall, at any time during normal
' business hours, make availuble its records relating to the application of CDBG
Funds to Cupertino, the Urban County, HUD, or any representative of the
Comptroller General of the United States, in order to permit an examination
of any audits, invoices, materials, payrolls, personnel records, conditione
of employment, and other data relating to the performance by Community under
this Agreement.
6. Termination of AQreement.
(a) By Community. Community shall have the right to terminate thia
Agreement a[ any time, upon thirty days' writ[en notice, if:
(i) Community is unable to obtain appropriate, neceseary financing
in order to perform its obligations hereunder, after due diligence by Community
in attempting to obtain such financing.
(11) Community is unable to perform hereunder because of any
prohibitions imposed by Article 34 of the California State Conetitution; or
(iii) Co~unity is unable to develop the pro~ect because of
any reasona beyond Community's control, including without limitation the obtain-
ing of correct zoning for development of the property (ies) selected for development.
(b) ~ Cupertino. Cupertino shall have the right to terminate thia
Agreement at any time, upon thirty days' written notice, if Community materially
breaches any provision of this Agreement, if Community materially breaches the
provisions of any applicable laws, or if Communi[y fails to comply with any
conditions lawfully imposed on the Project by HUD or the Urban County, or fails
to comply with City guidnnce as described in Paragraph 1.
(c) This Agreement may be terminated, at Cupertino~s option, if, for
any reason, Cupertino is no longer a participant in CDBG Program.
(d) Return of CDBG Funda. Upon the termination of this Agreement,
Community ahall return to Cupertino all CDBG funds which have uot been apent
as of the date of termination, together with all unearned pnyments in the form
of monetary advances, provided, however, that if this Agreement is termina[ed
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~ by Cuper[ino pur~t to the provisions of Section. (b) above, Cupertino
shall be entitled to recover CDBG Funds wrongfully spent or applied by
; Community, if such recovery is permitted by applicable laws. Except as
I
otherwise provided in this Section 6(c), Cupertino shall indemnity, defend,
and hold harmless Community with respect to all funds expended by Communi[y
pursuant to this Agreement, and shall not hold Community liable for the return
of any such funds in the event that Community terminates this Agreement pursuant
I to the provisions of Section 6(u) above.
7. Non-Discrimination. Cownunity shall comply with all non-discrimination
requirements under applicable laws. No peraon in the United States ahall, on
the basis of race, color, national origin, or sex, be excluded from participation
in, be denied the benefits of, or be sub,jected to discrimination with respect to
the Project or any other activity undertaken hy Community purauant to this Agreement.
8. Distribution of ProQram Income. All program income derived from the
pro,ject shall be returned by Coimnunity to Cupertino pursuant to applicable laws
and Urban Coun[y regulations. Program income shall include proceeds from sale of
real property prior to development of the Project is such sale should be author-
ized pursuant to Section 10.
8.1 Proiect Income. All income derived from [he Pro~ect which is not Program
{ Income shall be designated Project Income.
f
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~ 8.2 Diatribution of Proiect Income. All Pro,jec[ income derived from the
~ Pro~ect shall be retained by Community for disposition as seen fit by Community.
9. Prohibition on Lobbvinp. Community ahall not engage in any publicity,
! lobbying, or propoganda designed to support or defeat legislation pending before
i any federal, state or local government.
, 10. Disposition of Real Propertv. Cormnunity ahall not dispose of the Project,
in ~,h ole or in part, whether by sale, lease, donation, or otherwise, except with
~ the prior written consent or Cupertino and in accordance with applicable laws.
11. Conflicts of Ihterest. Cofmnunity shall, at all times during the term
of this Agreement, establish and maintain safeguards to prohibit individuals
associated with Community from using any such association for the purpose that
is, or gives the appearance of, being motivuted by a desire for private gain for
themselves or othera, particularly those with whom such individuals have family,
business, or other ties. No person associated with Community shall have any
, financial interest in the Pro~ect nor, except as to saluried employees, receive
any compensation for aervices rendered pursuant to this Agreement.
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12. Arbitra[ion of Uisputes. In the even[ of any dispute
be[ween the parties, the partles shall submit the matter to an
arbitrntor selected by tt~e American Arbitration Association.
Such arbitration shall be administered by and in accordance with
the rules then existing of the American Arbitration Asaociation.
The findings of the arbitrator and the costs of arbitrution (not
including attorneys' tees) shall be borne equally by the parties
to the arbitration.
I IN WITNESS WNEREOF, the parties have executed this Agreement
as of the date first above written.
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COMMllNITY HOUSING DEVELOPERS
a California non-profit
housing development corporation
BY
BY
CITY OF CUPERTINO
an incorporated municipality
$Y
By
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