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HomeMy WebLinkAbout2007 CON San Diego Habitat for Humanity - Home Program07-32-'07 14:44 FpC1- T-020 P001/011 F-630 CHDO AGREEMENT City of National City HOME Program THIS AGREEMENT, entered into this at day of July, 2007 by and between the City of National City, California, a municipal corporation, organized and existing under the laws of the State of California, ("City") and San Diego Habitat for Ili Inanity, Inc., (CHDO), organized and existing under the laws of the State of California. This Agreement shall supersede any and all agreements between these parties. WITNESSETH: WHEREAS, the City has entered into an Agreement to receive funds under the HOME Investment Partnerships Program (hereinafter, called the "HOME" Program) from the US. Department of Housing and Urban Development (hereinafter called."HUD"); and WHEREAS, the City has set aside a portion of its HOME Program funds for community housing development organizations (CHDns) in accordance with the. National Affordable Housing Act of 1990, as amended, (hereinafter called the "ACT"); and • ' WHEREAS, the City has designated the above named organization as a community housing development organization or CHDO pursuant to HUD rule 24 CFR Part 92 which sets forth regulations to implement the HOME Program; and _• • WHEREAS, the City desires to engage the CHDO to render certain assistance as an owner, sponsor or developer of housing in conformance with 24 CFR Part 92; NOW, THEREFORE, the parties hereto do hereby agree as follows: A. USE OF HOME FUNDS: (1) The CHDO shall propose projects which meet HOME requirements and conform to the City's Consolidated Plan, (2) The City has allocated $500,000 of HOME funds to the CHDO including all or any part of any CHDO set -asides. (3) Under HUD guidelines, the allocation of HOME funds to a CHDO may take one or more of these forms: project assistance (interest bearing loans, no interest bearing loans, deferred payment loans, advances, interest subsidies, grants as well as direct equity investments); operating subsidies; and development assistance (technical assistance, site control loans or seed money loans). (4) The CHDO shall perform the projects or tasks related to its allocation of HOME funds according to the schedule and within the budget submitted as a part of the annual application process. (5) Funding Contingencies - The funding award approved by Mayor and Council on May 15', 2007 was contingent on the following: a. Continue to identify undeveloped land/sites for new infill housing construction for very low- to low-income income households b. Work with staff to seek approval from HUD to potentially allocate additional HOME funds towards the 1820 G Street project. CHDO Agreement— San Diego Habitat for Humanity, Inc. Page 1 of 11 27-?1-'27 14:44 F OM- T-020 P002/011 F-630 c. If after slxJ6)_months, Habitat for Humanity is unable to locate a possible new development site and if HUD disapproves the request to allocate additional HOME funds towards the 182QG Street project, these HOME funds would then be reallocated to the City for its Internal "rehabilitation programs." (6) Notwithstanding any provision of this agreement, the parties hereto agree and acknowledge that this agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of the environmental review and receipt by. the City of National City, of a Release of Funds from the .• U. S. Department of Housing and Urban Development under 24 CFR Part §58. The parties further agree that the provision of any funds to the project is conditioned on the City of National City's determination to proceed with, modify or cancel the project based on the results of the subsequent environmental review. B. AFFORDABILITY: (1) The CHDO shall ensure that nousing it assists with HOME funds:meets the affordability requirements of 24 CFR Parts 92 or 94, as applicable. (2) The CHDO shall repay its award of HOME funds in full to the City if the housing does not meet the affordability requirements for the specified time period. (3) If the CHDO is undertaking rental projects, the CHDO shall establish affordable initial rents and procedures for rent increases. (4) If the CHDO is undertaking homeownership projects for sale to homebuyers, the CHDO shall set forth resale or recapture requirements that conform to 24 CFR Part 92.254(a). C. PROJECT REQUIREMENTS: (1) The CHDO shall comply with project requirements specified in 24 CFR subpart F, as applicable in accordance with the type of project assisted. (2) The amount of HOME funds the CHDO may invest on a per -unit basis in affordable housing may not exceed the per -unit dollar limits established by HUD D. PROPERTY STANDARDS: (1) The CHDO shall ensure that the housing meets the property standards in 24 CFR 92.251 and the Lead based paint requirements in 24 CFR 92.355 upon project completion (2) The CHDO shall maintain rental housing in accordance with the standards in 24 CFR 92.251 for the duration of the affordability period. E. AFFIRMATIVE MARKETING: (1) If a project contains five (5) or more HOME assisted units, the CHDO must take full responsibility for affirmatively marketing the housing. CHDO Agreement — San Diego Habitat for Humanity, Inc. Page2of11 07-31-'07 14:45 F101- T-020 P003/011 F-630 (2) Affirmative marketing steps shall consist of actions to provide information and otherwise attract eligible persons in the housing market to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. F. RECORDS AND REPORTS: (1) The CHDO shall maintain and, at reasonable times and places, make available to the City such records and accounts, including property, personnel, and financial records, the City and/or State and Federal agencies deem necessaryto assure a proper accounting for all HOME Program funds. (2) The CHDO shall provide the City with infprrnation necessary for it to complete the Consolidated Annual Performance and Evaluation Review report and other reports required by HUD. (3) The CHDO shall provide an annual audit report performed in compliance with OMB Circular A-133. (4) The CHDO shall allow the City to conduct monitoring and evaluation activities as determined necessary by the City and HUD. (5) The CHDO shall keep a fully executed copy of this Agreement and a copy_of the HOME regulations on file in their place of business at all times. • (6) The CHDO shall • keep all documents used•:to determine their status as a Community Housing Development Organization as defined •under 24 CFR Part 92 current and available for inspection by the City for the duration of this Agreement. G. ENFORCEMENT OF THE AGREEMENT: (1) The CHDO shall provide a means of enforcernent of the affordable housing requirements that may Include liens on real property, deed restrictions or covenants running with the fand. (2) The affordability requirements on rental housing In 24 CFR 92.252 must be enforced by deed restrictions. (3) As specified above, the CHDO shall repay its award of HOME funds in full to the City if the housing does not meet affordability requirements for the specified time period. H. REQUESTS FOR DISBURSEMENT OF FUNDS: (1) The CHDO shall request disbursements of HOME Program funds only at the time funds are needed to pay eligible costs. (Requested funds are limited to the amount needed to cover these costs and which can be expended within 10 days from the date funds are disbursed to the City from the US Treasury.) (2) From time to time, but not more than once each month, the CHDO may submit to the City a request for reimbursement of operating expenses for the preceding calendar month, if applicable. CHDO Agreement — San Diego Habitat for Humanity, Inc. Page 3 of 11 ?7-31-'27 14:45 PEOr.- T-020 P004/011 F-630 (3) The City shall reimburse the CHDO in an amount approved by the City within fifteen (15) calendar days after receipt of a request for reimbursement, except for conditions beyond the City's control. (4) For reimbursement of Indirect costs, the CHDO shall have on file a cost allocation plan approved buy the City. (5) The sum total of the CHDO reimbursement request during a given year shall not exceed the amount of the agreed upon budget appearing in Attachment A. (6) The CHOO shall maintain and make available, when requested, support documentation for all expenditures. I. DURATION OF THE AGREEMENT: . (1) This Agreement shall be effective on the date of execution and shall remain in effect during the period of affordability required by the Act under 24 CFR Part 92. (2) The Agreement and the provisions herein may be extended to cover any additional time period during which, the CHDO remains In control of HOME funds or assets, including program income. • 3. CONDITIONS FOR RELIGIOUS ORGANIZATIONS: (1) If applicable, the CHOO must meet conditions and limitations for use of HOME funds involving a ;Primarily religious entity. (2) The conditions are specified in 24 CFR Part 92.257. K. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION PROVISIONS: (1) If the CHDO should receive HOME funds only for operating expenses provided under 24 CFR 92.208, the CHDO may expect to receive project funding within 24 months of receiving HOME funds for those operating expenses. (Such operating expenses are limited to costs associated with HOME -eligible activities.) (2) If the CHDO should receive project -specific development assistance (technical assistance and site control loans or seed money loans), that assistance is limited by provisions under 24 CFR 92.301. (3) The CHDO shall notify the City in writing of any changes in its 501 (c)(3) tax exempt status during the specified period of affordability, or any other change that alters the organization's certification as a CHDO under 24 CFR Part 92. L. PROGRAM INCOME DISPOSITION: (1) The CHDO may retain any proceeds resulting from the CHDO's investment of its HOME set -aside funds. (2) As such, the proceeds are not HOME program Income and, therefore, are not subject to HOME requirements except those stated below. CHDO Agreement — San Diego Habitat for Humanity, Inc. Page 4 of I I 07-31-'07 14:45 FROM- T-020 P005/011 F-630 (3) The CHDO must use any proceeds for HOME -eligible activities similar to those for which the allocation of HOME funds was originally made. M. CONFLICT OF INTEREST: (1) No employee, agent, consultant, officer, elected official or appointed official of the City of National City who has responsibilities related to the HOME Program or access to "inside" . information concerning said program shall obtain a financial benefit or interest from any HOME Program activity for themselves or those with whom they have family or business ties during their tenure or. for one year thereafter. (2) The CHDO shall make a good- faith effort to assure that this provision is not violated, and that any suspected violations are promptly reported to the City. N. DEFAULT: (1) It Is expressly agreed and •understood. that the CHDO's designation as a CHDO shall become null and void, at the City's option, in the event the CHDO fails to meet one or more of the criterie for CHDO designation and/or fails to develop, sponsor, or own one or more housing projects in conformance with 24 CFR Part .92. (2) The City shall notify the CHDO in writing of any such default under this Agreement. (3) The CHDO shall have sixty (60) days after receipt of the written notice of default within which to cure such a default. (4) The CHDO agrees to repay, remit or return to the City any amount of unspent HOME funds provided to the CHDO in the event of a default under the terms of this Agreement. O. SUSPENSION OR TERMINATION: (1) Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. (2) The City may also suspend or terminate this Agreement, in whole or in part, upon giving ten (10) days' notice to the CHDO, if the CHDO materially fails to comply with any term of this agreement, or with any of the rules, regulations or provisions referred to herein or announced by HUD. (3) In the event there is probable cause to believe the CHDO Is in noncompliance with any applicable rules or regulations, the City may withhold said HOME funds until such time as the CHDO is found to be in compliance by the City, or is otherwise determined to be in compliance. (4) The City shall advise the CHDO in writing what action(s) must be taken for resumption of payments. c mo Agreement- San Diego Habitat for Humanity, Inc. Page 5of1I 27-31-'07 14:45 FROM.'- T-020 P006/011 F-630 P. HOLD HARMLESS: (1) The City shall not be liable for any and all liabilities, losses, claims, actions, suits, charges, and judgments whatsoever arising out of the performance or nonperformance of this Agreement by the CHDO, its employees, officers or agents. (2) The CHDO shall hold harmless, defend and indemnify the City, its officers, agents and employees from all such liabilities, losses, claims, actions, suits, charges, and judgments arising under this Agreement. • Q. AMENDMENTS: (1) The City pr the CHDO may .amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and signed . by a duly authorized representative of both organizations. • (2) The City, may at its discretlon, amend this Agreement to conform with Federal, State or local government guidelines, policies and available funding amounts, or for other reasons. (3) If such amendment.results in a change in HOME funding, a new attachment shall be executed with corresponding changes to the project @r_tasks, schedule and budget that now appear In Attachment A. R. INDEPENDENT CONTRACTOR: Both parties hereto In the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CHDO nor the CHDO'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CHDO and the CHDO's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CHDO and its employees. Neither this Agreement nor any interest herein may be assigned by the CHDO without the prior written consent of the CITY. Nothing herein contained Is intended to prevent the CHDO from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CHDO with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. S. CONTROL: Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CHDO or any of the CHDO's employees except as herein set forth, and the CHDO expressly agrees not to represent that the CHDO or the CHDO's agents, servants, or employees are In any manner agents, servants or employees of the CITY, it being understood that the CHDO, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CHDO's obligations to the CITY are solely such as are prescribed by this Agreement. CHDO Agreement — San Diego Habitat for Humanity, Inc. Page 6 of I 1 07-31-'07 14:45 FROM- T-020 P007/211 F-E30 T. COMPLIANCE WITH APPLICABLE LAW: The CHDO, in the performance of the services to be provided herein, shall comply with &I applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CHDO, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. U. NON-DISCRIMINATION PROVISIONS: The CHDO shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, • physical handicap, or medical condition. The CHDO will take positive action to insure that applicants are employed without regard to. their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall. include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates .of .pay or other forms of compensation, and selection for training, including apprenticeship. The CHDO agrees to post in conspicuous places available to employees and appli"cants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. V. WORKERS' COMPENSATION: The CHDO shall: comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's ,fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CHDO under this Agreement. W. NOTICES: • All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: CHDO Agreement— San Diego Habitat for Humanity. inc. Page 7 of 11 07-$ -'07 14:45 FRCM- T-020 P008/011 F-630 To the CITY: To the CHDO: Ron Morrison, Mayor City of National City 1243 National City Boulevard National City, California 91950 . Cheryl Keenan, President San Diego Habitat for Humanity, Inc. 10222 San Diego Mission Road San Diego, California 92108 Notice of change of address shall be given by written notice in the manner specified in this Section.'• Rejection or other refusal to accept or the inability to deliver because of changed address .of which no notice was given shall be deemed to constitute receipt of the notice, demand, • request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. X. MISCELL.ANEOUS PROVISIONS: (1) Computation of Time Periods. If any date or time period provided for in. this Agreement is or ends on a Satirday, Sunday or federal, state or legal holiday, then such date shall• automatically be extended until 5:00 p.m, Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. (2) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. (3) Captions, Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (4) No :Obligations to Third Parties. • Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. (5) Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. (6) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (7) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (8) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (9) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (10) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. (11) Construction, The parties acknowledge and agree that (I) each party is of equal bargaining strength, (ii) each party has actively participated In the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with CHOO Agreement - San Diego Habitat for Humanity, Inc. Page 8 of 11 07-31-'07 14:45 FROM- T-020 F009/211 F-S30 or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the City of National city and San Diego Habitat for Humanity, Inc have caused this Agreement to be executed by a duly authorized officer of each party and attested on its behalf. City of National City By: Ron Morrison, Mayor ATTEST: ,City of National Ci, VED AS TO FORM: WC - George H.'Eiser, III City Attorney San Diego Habitat for Humanity, Inc. BY: Cheryl Keenan, President ATTEST: Corporate Secretary (Affix corporate seal here) CHDO Agreement — San Diego Habitat for Humanity, Inc. Page 9oftl 07-3"-'07 14:45 FROM- T-020 P010/011 F-630 CALIFORNIA COUNTY OF SAN DIEGO I, A Notary Public in and for the aforesaid county and state certify that personally appeared before me this day, and acknowledged that she is the City Clerk of the City of National City, a municipal corporation, and that by authority duly given and as the act of the City, the foregoing agreement was signed in its corporate name by its City Manager, sealed with its corporate seal, and attested by its said City Clerk. This the day of , 2007. My Commission expires: Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, a notary public in and for the aforesaid county and state, certify that CMMRYL l4-6 4'ij,v personally appeared before me this day and stated that he or she is scgrcof San Diego Habitat for Humanity, a corporation, and that by authority duly given and as the act of the corporation, the foregoing agreement with the City of National City was signed in its name by its President, whose name is Cheryl Keenan, sealed with its corporate seal, and attested by him/herself as its said Secretary. This the 31 day of My Commission Expires: Y--q -c, 5 Notary Public CHOO Agreement —San Diego Habitat for Humanity, Inc. , 2007. ROBERT E. PACIANO Il COMM.01867832 r. NOTARY PUBLIC • CAUFORNIA g ConllonAFAH Page 10 of 11 07-31-'07 14:46 FROM- T-020 P011/011 F-630 AT'rACHMENT A SCOPE OF SERVICES AND PROJECT BUDGET "Once a definite course of action has been determined, Habitat for Humanity will provide the City with a detailed Scope of Services and a Project Budget, within 30 days of this agreement." SUMMARY SCOPE OF SERVICES San Diego Habitat for Humanity Is currently working with the City of National City to identify undeveloped land/sites for new infill housing construction for very low- to low-income income households or to seek approval from HUD to potentially allocate additional HOME funds towards the 1820 G Street project. HOME funds will be used to purchase property and begin predevelopment of a new project or will be used to complete the 1820 G Street Project: As a result, we expect to create that several new units of permanent, simple, decent housing for low-income families. Habitat partners with families in need and the community to build homes that the families and the community can be proud of. • Habitat is a MI. service not -for -profit developer. We work to identify land, work through the entitlement process, develop the site, build new housing, identify and qualify homeowner families, provide homeowner education and service the affordable mortgage. SDHFH increases homeownership opportunities for low-income families, but also by empowering the families that we serve. This process begins with the application process and extends throughout the building process and beyond. SDHFH does not simply sell families affordable homes: we provide families with education resources and support - giving families the financial tools and everyday skills they need to create a life with financial stability and a future with positive opportunities. With the continuity of service provided by our Family Services Specialist, SDHFH continues to upgrade our ability to help our homeowners avoid the pitfalls of homeownership. SDHFH is currently expanding our homeowner education - seminars to cover post -closing issues, such as predatory lending practices, and increasing the role of the Family Services Committee to be mentors during the first year of home ownership. PROTECT BUDGET A Project Budget will be submitted at final determination of the project. CHDO Agreement — San Diego Habitat for Humanity, Inc. Page 1 I of I 1 RIGHT THUMBPRINT OF SIGNER Top of 1'1•„mb hc,c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 0. e 0rcu t( All _P: I personally appeared . i O t7 ✓� 2 o r rr' Name(s) o1 Signer(s) County of On St.ttfj 3i) ZCOZ before me, Date V. M. ORCUTT Commission * 163111$2 Notary Public - California Son Diego Canty INyCorms. bans Dec20. Place Notary Seal Above IC Name and Tate of Officer (e g • -a.arCTUue. Notary Public 1ersonally known to me LI (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _. (, HD 0 ret'rne.n+ (x.) Sj) FiCLhi+ u r1r Document Date: - swQti �v r< 2047 Number of Pages:. 11 .5 CL e SignerLis) Other Than Named Above: 0 %tf L n <tr,� rns lei; Qb t � r ► �t�r�o t a f Capacity(ies) Clai x ed by Signer(s) Signer's Name: Q� n•ktrr7 so O Individual Corporate Officer — Title(s): -i Partner — Limited _. General • Attorney in Fact ▪ Trustee Guardian or Conservator "Other: No Signer Is Representing: C. op mom owl — S• 2006 National Notary Association • 9350 De Soto Ave.. P.O. Bo. 2402 • Chatsworth Signer's Name: Individual Corporate Officer — Title(s): r- Partner — 2 Limited - General r ' Attorney in Fact ' Trustee Guardian or Conservator Other: Signer Is Representing: CA 91313-2402 Item No 590/ HIGHT THUMBPRINT Or SIGNER co o' Ue.rrb -ere J Heurder Call Toll -free 1.800-876-8827 State of California County of 3cWl DLP o CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 2-S1—orl , before me, i/lei- r/Orc personally appeared personally known to me - or proved to me on the basis of satisfactory evidence: _ form(s) of idc-ri ficat:cn -. ciediole witness(es) Miclk.c l LLI&_ to be the personierwhose name is/afe subscribed to the within instrument and acknowledged to me that he/s cl hey executed the same in his/her/their authorized capacity(4es}, and that by his/her/tltrir signature(*- on the instrument the persolJ, or the entity upon behalf of which the person] acted, executed the instrument. JANIT ORB Cammt WW2 NOW lr4rfopw1 Mt Com 611IN hied (Seal) WITNESS my hand and official seal. OPTIONAL INFORMATION Although the :rformancn in this S ectlon is not required by Inv✓, it could prevent fraudulent rPrno'vol uric/ reottochmer't of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Ceriific ate of Acknow'edgment is artac hid to a document titled/tor the purpose of C4 cmcrt+ W1-+41 tdorrir,•i.o,,/ containine // ,>ages, and dated J 1y 3 , 2.C6 ] _. I he signer(s) capac ity or authority is/are as: h•ci:idu (sr Coroo'ate V'fccre:. Por:per - Imired/C'P"s ra Tr..c.ree(s) '_ Other: C I i CLG✓1G_ representing; rt Additional Information nl2:iru • se..e.As rr _r•e oI} J. e5 Pn nes `.i 35I' =ur- •.cK?- 'e :211 I'+•I ;r,, e SrP. uI Ile'•+ et a: -...., RESOLUTION 2007 — 89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2007-08 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) Programs for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, HUD requires that all CDBG & HOME Program entitlement communities, such as the City of National City, hold a Public Hearing to solicit input on the Annual Action Plan; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on March 6 and March 27, and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the 5-Year Consolidated Plan and adopted by the City Council in May of 2005. The Annual Action Plan includes a listing of all proposed projects/programs for Fiscal Year 2007-08 (July 1, 2007 — June 30, 2008) utilizing Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the Annual Action Plan (2007-08) for the CDBG and HOME funds are approved as shown on the attached Exhibit "A", and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2007-08 Annual Plan dated May 1, 2007, for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this lst day of May, 20 on Morrison, Mayor ATTEST: A h el Della, City Mich 47A&;J rk APPROVED AS TO FORM: George H. riser, III City Attorney Jurisdiction's Name: Name of Organization: Contact Person: Telephone: Site Address: Table 3C Consolidated Plan Listing of Projects City of National City San Diego I Iabitat for Humanity Cheryl Keenan- Executive Director (619)283-4663 10222 San Diego Mission Road, San Diego, CA Priority Need: FY 2007-2008 HOME FUNDING *IHIabitat for Humanity 18th Street Affordable Project or Other Potential Eligible Program Sites Production of Affordable Housing '1'o Be Determined $500,000 San Diego for Humanity (SDHFH) would like to develop a site at 405 l8th Street as a new affordable housing project. This project will build upon the success of the Sheryl Lane Project,.a recent: three single family affordable home project. SDHFH is requesting HOME funds (including CHDO set -aside funds) to pursue predevelopment and construction activities. SDIIFI-I should be able to build simple, decent infill homes. Habitat homes are sold at no profit with 0%-interest mortgages to partner families (below 80'% AMI) giving a hand up, not a hand out, to populations traditionally preyed upon predatory lenders and/ or impeded by language or cultural barriers. Objective Number Project ID 2007-19 HUD Matrix Code Type of Recipient City Citation National Objective Start Date 7/1/2007 Performance Indicator Completion Date 6/30/2008 Annual Units Local ID Tab # 40 The primary purpose the project is to help: Homeless: No Persons with HIV / A1DS: No Persons with Disabilities: No Public Housing Needs: No Funding Sources CDBG $0 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housint PIIA $0 $500,000 Units Upon Completion Objective category': [1 Suitable Living Environment Outcome category: ❑ Availability/Accessibility affordability $0 $0 $0 $0 $0 Other Funding $0 Total $500,000 Z Decent Housing ❑ Economic Opportunity ❑ Sustainability 2S Passed and adopted by the Council of the City of National City, California, on May 1, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California *411 City of the Cit�/bf National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-89 of the City of National City, California, passed and adopted by the Council of said City on May 1, 2007. City Clerk of the City of National City, California By: Deputy MEETING DATE: May 1, 2007 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 20 iEM TITLE: RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF NATIONAL CITY APPROVING THE. FISCAL YEAR 2007-08 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY: RUDY LOPEZ, --1 DEPARTMENT COMMUNITY SERVICES EXPLANATION: Upon the conclusion of the duly advertised tnal Public I tearing, the City Council will consider the adoption of the attached Resolution approving the Fiscal Year (FY) 2007-08 Annual Action Plan. The Annual Action Plan addresses the housing and community development needs assessed in the City's 5-Year Consoli- dated flan for t-Y's 2005-06 through 2009-10, adopted by the City Council in May of 2005. The Annual Action Plan in- cludes a listing of all proposed projects/programs to be undertaken in FY 2007-08 (July 1, 2007 — June 30, 2008) utilizing Community Development Block Grant (CDBG) and l lomc Investment Partnership Act (I IOME) funds. The attached Executive Summary of the FY 2007-08 Annual Action Plan is noted as a draft to allow all public comments/ input received during the 30-Day Public Review Period set from March 29, 2007 to May 1, 2007, to be incorporated into the final version to be submitted to HUD by May 15, 2007. Environmental Review Not applicable to this report. Financial Statement The City will receive CDBG and HOME program funds from 11UD in FY 2007-08. The City Council's adopted alloca- tions will then be incorporated into the City and CDC 2007-08 Fiscal Year Budgets. STAFF RECOMMENDATION Adopt attached Resolution. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS (Listed Below) 1. DRAFT Executive Summary of the FY 2007-08 Annual Action Plan 2. Resolution Resolution No.