CC Resolution No. 6409 , , ~ •
RESOLUTIDN NO 6409
( '
~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
( AUTNORIZIN6 EXECUTION OF A HOUSING PROVISION A6REEMENT
~ WITH THE COUNTY OF SANTA CLARA FERTAINING TO ADMINISTRATION
OF COMMUNITY DEVELOPMENT BIOCK GRANT FUNDS ADVANCED @Y THE CITY
~ OF CUPERTINO TO THE COMMUNITY HOUSING DEVELQPERS.
I
~
WHEFEAS, on June 18, 1980 and July 27, 1982, the City of
. Cupertino entered into agreements with Community Housing Developers, a
non-profit housing development corporation, for development of certain
dwelling units; and
WHEREAS, the County of Santa Clara has agreed to administer
' Community Development Block Grant Funds advanced by the City of Cupertino
to Community Housing Developers; and .
WHEREAS, the City of Cupertino desires that the County
adminster said funds;
NOW, TNEREFORE, BE IT RESOLVED:
The City Council of the City of Cupertino hereby agrees that
the County of Santa Clara shall administer Community
Development Block 6rant Funds advanced by the City of
Cupertino to Community Housing Developers as per attached
Exhihit "A" and authorize execution thereof.
FAS5ED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 20ch day of ~y~,gt______, 1984 by the
4ollowing vote:
Vote Member_of_the_City_Council
AYES: Gat[o, Johnson, Rogers, Sparks, Plungy
W~IES: None
ABSENT: None •
ABSTAIN: None
PROVED:
ayor ity of C i~o
ATTEST:
~
•
City Clerk
+~at'etlp •
I ~ • HOU5IN0 PROVISION AGREEMENT
I
I
~
7his housing provision agreement (the "Agreement") ia entered
~I into and made effective the _____day of 198_____(the
i "effective date"> by and between the City of Cupertino, an
incorporated municipality t"City"), and the County of Santa Clara
, (°County").
RECITALS
WHEREAS, City has previously entered into an agreement dated
' 3une 18, 1980 and an ame~ded agreement dated July 27, 1982 with
Community Nousing Developers, a California non-protit housing
development corporation (Community), for the purpose of
coordinating and administering the development of housing for low
and moderate income, physically limited persong with Community
' Development Block Grant Funds tCDBG) advanced pursuant to the
provisions of Title 1 of the Housing and Community Development
Act of 1974, as amended, and other applicable federal, state and
local rules, laws, and requlationa (collectively "applicable
laws"), copies of said agreements refe~red to herein are attached
as Exhibits A and B.
WHEREAS, City and County desire that County edminister all
CDHt3 funds previously edvanced by Cupertino to CHD for said
project in the amount of f663,413.
1
. . ~ ~
NOW, THEREFORE, the parties herehy agr~e as follows:
. 1. A~si9nQen~_sf_Biati~~_~e~_9bliga~io~s
City hereby assigns all of it~ rights and obiigations
under said agreements as described in Exhibits A and H to
County, and County shall be responsible for administering
, said agreements on behalf of City.
2. Return_of_CDHC_.,_Funds
, Should, for any reason, all or a portion ot the CDBG
i funds previously advanced by City, as described above, be
I~ returned to County and not returned to the Department of
Housing and Urban Development of the Federal Government,
' then County will forthwith return said funds to City with
the following provisions:
a> If said funds are returned to City within ten
years, inclusive, from the date of this
agreement, all of said funds shall be used for
housi~g-related projects to include, but not
be limited to, housing rehabilitation or
aquisition of f uture housing site5.
I b) If said funds are returned to City more than
II ten years, but within forty years, inclueive,
I, from the date of this agreement, at lea3t fifty
percent of said funds shall be used for
~,i housing-related projects to in~lude, but not be
I limited to, those ectivities identified above.
I
2
. . . ~ ~
~ With the City'~ approval, said funds may be used in
other urban county jurisictions.
Notwithstanding the foregoing neither party may utilize
said funds for any purpose which ig inconsi~tent with
' applicable laws as described above.
3. Notification
; If said funds are returned to County, County shall notify
City in writing within 15 days of receiving 5aid funds.
4. Term of Agreement
I
~ the term of this agreement shall be coin~ident with any
~ agreement between County and CHd executed, or to be
executed regarding the administration of CDBG funds for
said project.
~ IN WITNESS WHEREOF, the parties have executed this agreement
i as of this date first above written.
~
APPROVED
Mayor, City of Cupertino
3
~ ~
~ Attest:
; '
- .~v'--~~-~~..~-~~4a.~F~-~
; City Clerk
' APPROVED AS TO FORM:
/~~j~ s
' _ 1
~i~
".~.L~'" - L-~
, ~ ~ ~
~ City Attarney
~
i
i C~JNTY OF SANTA CLARA
Chairpe~son, Board of Supervfsors
Attest:
Clerk of the Board
k
~
~ APPROVED AS TO FORM:
~
i
~ Co~nty Counael
~ 4
f