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HomeMy WebLinkAbout2014 CON CDC HA - City of National City - Paradise Creek Home Program GrantHOME PROGRAM GRANT (Paradise Creek) THIS HOME PROGRAM GRANT (Paradise Creek) ("Agreement") is dated as of the 5th day of November, 2014, by and between the City of National City ("City") and the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") as follows: RECITALS A. By Resolution Number 2013-128, adopted on August 20, 2013, the City approved the allocation of Two Million Ninety -Five Thousand Four Hundred Ninety -Two and No/100 Dollars ($2,095,492.00) of HOME Program funds ("Grant") for the acquisition of that certain real property ("Property") located in the City of National City, County of San Diego, California, described in Exhibit "A" attached hereto and incorporated herein by reference, for its continued use affordable housing. In addition, the CDC -HA, by Resolution Number 2013-18, adopted on August 20, 2013, approved acceptance of the Grant. B. The Grant will not be secured and will be comprised of funds received by the City, and is being made, pursuant to the provisions of the HOME Investment Partnership Act of 1990, as amended ("HOME Program"). NOW, THEREFORE, in furtherance of the recitals stated above, the mutual covenants set forth below, the parties agree, promise and declare as follows: Section - 1.1 Grant. The City has funded a portion of the Grant to the CDC -HA and the City will fund all remaining amounts upon request from the CDC -HA. The proceeds of the Grant shall be used by CDC -HA solely for HOME Program approved uses. Section -1.2 No Transfer Without City's Consent. The CDC -HA shall not sell, convey, transfer or dispose of all or any part or interest in the Property, without the prior written approval of the City. Any such action without the prior written consent of the City shall be voidable, at the election of the City, or alternatively, all Grant funds may be declared due and payable at the option of the City. The consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. The resident tenant restrictions referenced in Section 1.3 shall remain in place whether or not the City approves or disapproves a successor -in -interest for the term of twenty (20) years from the date all relevant project completion data is entered into the HUD's Integrated Disbursement and Information System. Section 1.3 — Declaration of Covenants and Restrictions. The CDC -HA shall execute, and record against the Property, a declaration of covenants, conditions and restrictions ("Declaration"). The Declaration shall contain the rent and income level restrictions for eleven (11) floating affordable dwelling units ("Affordable Units") for a period of twenty (20) years from the date all relevant project completion data is entered into the HUD's Integrated Disbursement and Information System. The monthly rental rates shall be as set forth in the 1 Declaration pursuant to 24 CFR Section 92.252. The rents may be subject to modification annually as set forth in the Declaration. The Declaration shall be recorded in a position superior and prior to all encumbrances on the Property. Section 1.4 — No Partnership or Joint Venture. The relationship between the City and CDC -HA created by this Agreement shall not be one of partnership or joint venture, but rather shall be one of grantor and grantee. Section 1.5 — CDC -HA liability. The CDC -HA shall be responsible for all injuries to persons and/or all damages to real or personal property of the City, caused by or resulting from the negligence and/or breach of this Agreement, of the CDC -HA, its employees, subcontractors and/or agents during or arising out of the Property. The CDC -HA shall defend, hold harmless and indemnify the City, and all officers and employees of the City from all costs, damages, judgments, expense and claims to any third party resulting from the negligence and/or breach of this Agreement, of the CDC -HA, its employees, subcontractors and/or agents, arising out of the out of the Property, except those arising from the sole negligence or willful misconduct of the CDC -HA. Section 1.6 — Indemnification. (a) The CDC -HA agrees and promises to protect, defend, indemnify, and hold harmless the City, and its respective officers, agents, employees, or representatives, from all liabilities, losses, damages, costs or claims in any way arising from this Agreement, any and all loans or the CDC-HA's ownership or operation of the Property, including, but not limited to, claims for injury or death to any person occurring on the Property, contracts executed by the CDC -HA and any losses from the Property. The CDC -HA shall protect, defend, indemnify, and hold harmless the City from any and all liabilities, losses, damages, costs or claims incurred from CDC-HA's failure to make any payments of interest or principal on any loans acquired by the CDC -HA. (b) In addition, it is expressly understood that the CDC -HA is solely and exclusively responsible for any and all problems, claims, work, clean-up efforts and the like associated with any alleged toxic contamination or hazardous waste on the Property. The City has no obligation or liability whatsoever regarding toxic contamination or hazardous waste on the Property. Section 1.7 — Termination. This Agreement and the relationship created herein shall terminate upon full satisfaction of all of the CDC-HA's obligations under this Agreement, and those of the CDC-HA's successors, if approved by the City. However, the obligations arising under the Declaration of Covenants and Restrictions, the provisions of which shall survive repayment of the Grant. Section 1.8 — CDC-HA's Representations and Warranties. The CDC -HA represents and warrants that: (a) Execution of the Agreement has been duly authorized; 2 (b) All approvals have been obtained in connection with the CDC-HA's execution of this Agreement, and any related agreements or documents, and no breach of or acceleration of performance under any agreement or document to which CDC -HA is a party will result from the CDC-HA's execution of this Agreement, and any related agreements or documents; (c) Funds advanced by the City pursuant to the Grant are advanced wholly or in part for the benefit of the CDC -HA; and (d) The CDC -HA agrees to use the Grant funds solely for HOME Program eligible uses in connection with the Property. Section 1.9 — Physical Condition of Affordable Units. After completion of construction, the CDC -HA shall continually maintain the eleven (11) Affordable Units in a condition which satisfies the HUD HOME Program requirements and all local housing codes. The City shall have the right to inspect the eleven (11) Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify compliance with the foregoing maintenance covenant. Further, each of the eleven (11) Affordable Units shall be requalified annually as to the foregoing maintenance covenant, pursuant to 24 CFR Section 92.252. Any deficiencies in the physical condition of any of the eleven (11) Affordable Units shall be corrected by the CDC -HA, at the CDC-HA's sole cost and expense, within thirty (30) days of the City's delivery of written notice of such deficiency to the CDC -HA, provided, however, if such deficiency is not reasonably capable of being cured within thirty (30) days, the CDC -HA shall have such additional time as is reasonably necessary to cure the deficiency, provided that the CDC -HA commences to cure within this thirty (30) day period and diligently pursues such cure to its completion. Section 1.10 — City Monitoring Functions. It is contemplated that, during the term of this Agreement, the City will perform the following monitoring functions: (i) preparing and making available to the CDC -HA any general information that the City possesses regarding income limitations and restrictions which are applicable to the Affordable Units; (ii) reviewing the applications of the prospective tenants of the Affordable Units and determining eligibility of such persons as tenants; (iii) reviewing the documentation submitted by the CDC -HA; and (iv) inspecting the Affordable Units to verify that they are being maintained in accordance with Section 1.09, above. Notwithstanding the foregoing description of the City's functions, the CDC -HA shall have no claim or right of action against the City based on any alleged failure to perform such function in conducting any such tenant eligibility determination. Section 1.11 — Remedies. (a) Contract Governed by Laws of the State of California. This Agreement, its performance, and all suits and special proceedings under this Agreement, shall be constituted in accordance with the laws of the State of California and to the extent applicable Federal law. (b) Standing, Equitable Remedies; Cumulative Remedies. The CDC -HA expressly agrees and declares that the City or any successor shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any default hereunder, notwithstanding the 3 fact that such damages or the detriment arising from such a default may have actually been suffered by some other person or by the public at large. Further, the CDC -HA expressly agrees that receivership, injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder, and that, upon any default and to assure compliance with this Agreement. Nothing in this subparagraph, and no recovery to the City, shall restrict or limit the rights or remedies of persons or entities other than the City, against the CDC -HA in connection with the same or related acts by the CDC -HA. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. ARTICLE II Specific Grant Provisions Section 2.1 Conditions to City Obligations and CDC -HA Representations and Warranties. (a) Interest of Current or Former Members, Officers or Employees. The CDC -HA represents and warrants that no member, officer, or employee of the CDC -HA, no member of the governing body of the locality in which the City was activated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to this Agreement, shall, during his or her tenure, or for one (1) year thereafter, have any interest, direct or indirect, in this Agreement, or the proceeds thereof. Any violation of this section may, at the option of the City, result in unilateral and immediate termination of this Agreement by the City. (b) Construction. The City shall be entitled to review, inspect and approve, without liability, all construction at the Property. All construction shall be performed to the satisfaction of the City, without liability to the City for review and observation of the construction. Any deficiencies in the construction shall be corrected by the contractor and/or the CDC -HA, upon written notice from the City to the CDC -HA, prior to any additional funding of the Grant and prior to making any additional payments under the construction contract and/or to any subcontractors until such correction is completed. (c) Maintenance Standards. The CDC -HA represents and warrants that, at all times during the term of the Declaration, the Property shall be maintained in complete compliance with all housing quality standards contained within 24 CFR Section 92.251. Further, in any housing that is newly constructed or substantially constructed at the Property, the CDC -HA warrants that all construction shall meet or exceed the applicable local codes and construction standards, including zoning and building codes of the City of National City as well as the provisions of the Model Energy Code published by the Council of American Building Officials. The CDC -HA hereby consents to periodic inspection by the City's designated inspectors and/or designees, including the Code Enforcement Agents of the City of National City, to assure compliance with said zoning, building codes, regulations, and housing quality standards. CDC -HA agrees to comply with the provisions of 24 CFR Section 92.251, whether or not contained in this Section. (d) Limitation of Use of Funds for Religious Purposes. The CDC -HA represents and warrants that it will fully comply with any and all applicable requirements and limitations 4 contained in 24 CFR Section 92.257, as amended, from time to time. The CDC -HA further represents, warrants and agrees that the Grant funds will not be used for any purpose proscribed in 24 CFR §92.257, as amended. (e) Administrative Requirements. The CDC -HA shall strictly comply with all applicable administrative requirements contained within 24 CFR Section 92.505, including, but not limited to, the applicable requirements of OMB Circular No. A-87 and the applicable requirements of 24 CFR Part 85, Sections 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.36, 85.44, 85.51, and 85.52. Copies of said OMB Circulars are on file in the offices of the City and are available for inspection and copying by the CDC -HA. The CDC -HA further agrees that should the administrative requirements contained in Section 92.505 be amended and/or changed from time to time by HUD, that CDC -HA will comply with all applicable terms and conditions of such changed and/or amended administrative requirements. (f) Records and Reports. The CDC -HA shall supply the City, annually, each year during the terms of this Agreement, with such records and reports as are required by the City to aid the City in complying with the applicable reports and record keeping provisions, terms and conditions of 24 CFR Sections 92.508 and 92.509, as amended from time to time, and any and all other requirements of this Agreement. The records and reports include, but are not limited to the following: (1) Amount of funds expended pursuant to this Agreement; (2) Tenant information, including yearly income verifications; (3) Housing payments charged to tenants, to the extent applicable; (4) On -site inspection results; (5) Affirmative marketing records; (6) Insurance policies and notices; (7) Equal Employment Opportunity records; (8) Labor costs and records; and (9) Such other further information and records as the City and/or HUD shall request in writing from the CDC -HA. (g) Monitoring of Project Activities. The CDC -HA agrees to allow the City such reasonable access to review and inspect the CDC-HA's activities under this Agreement as the City shall require to perform its monitoring duties under the provisions of 24 CFR Part 92, as amended, from time to time. The City shall monitor the CDC-HA's activities without liability for said inspection and review. (h) Federal Requirements. The CDC -HA represents, warrants and agrees that it will fully comply, during the term of this Agreement, with any and all applicable HOME requirements including, but not limited to any applicable requirements of 24 CFR Sections 92.351 (Affirmative Marketing), 92.352 (Environmental Review), 93.353 (Displacement, Relocation and Acquisition Residential, Antidisplacement and Relocation Plan), 92.354 (Labor), 92.356 (Conflict of Interest), and 92.358 (Flood Insurance) and the requirements as set forth in 24 C.F.R. Section 92.502(c) (Jurisdictions Responsibilities). The CDC -HA further warrants, represents and agrees that should the HOME Program requirements be changed by HUD, from 5 time to time, that CDC -HA will comply with said changed and amended regulations to the extent applicable. (i) Affirmative Marketing. The CDC -HA shall, at all time during the term of this Agreement, comply with all of the applicable provisions of 24 CFR Section 92.351, as amended from time to time, and the affirmative marketing procedures adopted by the City. The CDC -HA shall maintain records to verify compliance with the applicable affirmative marketing procedures and compliance. Such records are subject to inspection by the City upon five (5) days written notice. (j) Equal opportunity and fair housing programs. During the term of this Agreement, the CDC -HA agrees as follows: (1) The CDC -HA will not discriminate against any employee, person, or applicant for employment because of race, age, sexual orientation, marital status, color, religion, sex, handicap, or national origin. The CDC -HA will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age sexual orientation, marital status, color, religion, sex, handicap, or national origin. Such action shall include, but is not limited to the following: employment, upgrading, demotion, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CDC -HA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. (2) The CDC -HA will, in all solicitations or advertisements for employees placed by or on behalf of the CDC -HA, state that all qualified applicants will receive consideration for employment without regard to race, age, sexual orientation, marital status, color, religion, sex, handicap, or national origin. (3) The CDC -HA will cause the foregoing provision to be inserted in all subcontracts for any work covered by this Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. (4) The CDC -HA hereby agrees to comply with the Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations. (5) All activities carried out by the CDC -HA and/or agents of the CDC -HA shall be in accordance with the requirements of the Federal Fair Housing Act. The Fair Housing Amendments Act of 1988 became effective on March 12, 1989. The Fair Housing Amendments Act of 1988 and Title VIII of the Civil Rights Act of 1968, taken together, constitute the Fair Housing Act. The Fair Housing Act provides protection against the following discriminatory housing practices if they are based on race, sex, religion, color, handicap, familial status, or national origin: denying or refusing to rent housing; denying or refusing to sell housing; treating differently applicants for housing; treating residents differently in connection with terms and 6 conditions; advertising a discriminatory housing preference or limitation; providing false information about the availability of housing; harassing, coercing or intimidating people from enjoying or exercising their rights under the Fair Housing Act; blockbusting for profit; persuading an owner to sell or rent housing by telling them that people of a particular race, religion, etc. are moving into the neighborhood; imposing different terms for loans for purchasing, constructing, improving, repairing, or maintaining a home, or loans secured by housing; and denying use or participation in real estate services, e.g., brokers' organizations, multiple listing services, etc. The Fair Housing Act gives HUD the authority to hold administrative hearings, unless one of the parties elects to have the case heard in U.S. District Court, and to issue subpoenas. Both civil and criminal penalties are provided. The Fair Housing Act also provides protection for people with disabilities. The following State of California Laws also govern housing discrimination: Fair Employment and Housing Act, Unruh Civil Rights Act of 1959, Ralph Civil Rights Act of 1976, and Civil Code Section 54.1. (k) Labor Requirements. The CDC -HA represents and warrants that during the term of this Agreement that it will comply with each and every provision and requirement contained within 24 CFR Section 92.354, as amended from time to time, to the extent applicable and will pay wages in accordance with the terms and provision of said section. Prevailing wages need not be paid to "Volunteers" or for "Sweat Equity" as defined in 24 CFR Section 92.354 (b) and (c). (1) Lead Based Paint. The CDC -HA represents and warrants that during the term of the Agreement that it will comply with each and every provision and requirement contained within 24 CFR Section 92.355, as amended from time to time, to the extent applicable. (m) Certification Concerning Debarment and Suspension. The CDC -HA represents, warrants and hereby certifies, pursuant to 24 CFR Section 92.357, that it will not use a contractor that has been debarred and or suspended, nor that is proposed for debarment, declared ineligible or voluntarily excluded. The CDC -HA agrees to execute such further certification(s) required by the City and/or HUD including, if necessary, that certification included as Appendix B of CFR Part 24, to verify the certification made in this Section 2.1(m). (n) Section 3 Requirements. The CDC -HA shall comply with the following requirements during the twenty (20) year term of this Agreement: (1) The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. Section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 7 (3) The CDC -HA agrees to send to each labor organization or representative of workers with which the CDC -HA has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the CDC-HA's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, and qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The CDC -HA agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CDC - HA will not subcontract with any subcontractor where the CDC -HA has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) The CDC -HA will certify that any vacant employment positions, including training positions, that are filled (i) after the CDC -HA is selected but before the contract is executed, and (ii) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent CDC-HA's obligations under 24 CFR Part 135. (6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. (7) The CDC -HA shall document its good faith efforts to comply with the terms and conditions of the above Section 3 Clause, and furnish such documentation to the City upon request. (o) Drug Free Workplace. The CDC -HA shall comply with all applicable State and Federal rules, laws and regulations to ensure a drug free workplace at all times during the twenty (20) year term of this Agreement. Further, the CDC -HA shall incorporate such federal provisions as are required in each contract or subcontract that the CDC -HA enters into in connection with the Property. (p) Lobbying Prohibition. The CDC -HA hereby certifies to the City, under penalty of perjury, under the terms of applicable Federal law, that at all applicable times before, during and after the term of the Agreement, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the CDC -HA, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal 8 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the CDC -HA will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) The CDC -HA will require that the above stated language be included in the award documents for all subawards at all tiers, including subcontracts, subgrants, loans, contracts, and cooperative agreements concerning the subject matter of this Agreement; and (4) Further, the CDC -HA and all subrecipients, at all times, shall certify compliance with the provisions of 31 U.S.C. Section 1352 and any and all terms and conditions of the Byrd Anti -Lobbying Amendment, as amended from time to time. (q) Flood Insurance. The CDC -HA represents, warrants, and certifies, pursuant to 24 CFR Section 92.358, that no Real Property which is the subject of this Agreement, is located within a Flood Plain or Flood Hazard Zone or Area, as indicated on a FEMA Map; or that the Real Property is located within a community participating in the National Flood Insurance Program and the CDC -HA agrees to purchase and maintain flood insurance for the duration of the term of this Agreement concerning the Property. (r) Fire Protection and Safeguards. The CDC -HA represents and warrants that it will comply with all requirements and regulations of the Fire Administration Act of 1992 and the Federal Fire and Prevention Control Act. The CDC -HA will use and install all fire and safety related equipment pursuant to the National Fire Protection Association standards, as required by the HOME Program. (s) Accessibility Standards. The CDC -HA represents and warrants that it will comply with all applicable federal, state and local requirements and regulations concerning access to the Affordable Units by the disabled and handicapped persons, including, but not limited to, those requirements of the HOME Program. Section 2.2 — Involvement of City in Legal Proceedings. The City shall have the right to commence, to appear in, or to defend any action or proceeding purporting to affect the rights or duties of the parties hereunder or the payment of any funds and in connection therewith pay out of said deposited funds necessary expense, employ counsel and pay reasonable fees, all of which the CDC -HA agrees to repay to the City upon demand. Section 2.3 — Books and Records. The CDC -HA shall maintain complete and accurate books and records showing all of the income and disbursements made in connection with the work of constructing the Affordable Units and such books and records shall be available for inspection and copy by the City upon request. 9 ARTICLE III Miscellaneous Provisions Section 3.1 — Governmental Requirements Superior. All provisions of this Agreement and all the other documents relating to the Grant shall be subject and subordinate to any and all federal, state and local statutes, regulations and ordinances and shall be subject to modification to comply therewith. Section 3.2 — Severability. If any provision of this Agreement is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Agreement and the remaining provisions shall continue in full force and effect. Section 3.3 — Nonwaiver of City's Rights. No right, remedy, or power of the City in this Agreement shall be deemed to have been waived by any act or conduct on the part of the City or by any failure to exercise or delay in exercising such right, remedy, or power. Every such right, remedy or power of the City shall continue in full force and effect until specifically waived or released by an instrument in writing executed by the City. Section 3.4 — Entire Agreement. This Agreement, along with the Declaration, contain the entire understanding between the City and CDC -HA concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed and/or referred to herein. Section 3.5 — Exhibits and Recitals Incorporated. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. Section 3.6 — Construction of the Agreement. The provisions contained in this Agreement shall not be construed in favor of or against either party but shall be construed as if both parties contributed equally to its preparation. This Agreement shall be construed in accordance with the laws of the State of California. Section 3.7 — City Not Liable for Acts of Omissions of CDC -HA or Others. The City shall in no way be liable for any acts or omissions of the CDC -HA, any agent, contractor or employee of the CDC -HA, or any person furnishing labor and/or materials used in or related to any construction at the Property. Section 3.8 — Time of the Essence. Time is of the essence with respect to this Agreement and each and every provision hereof. Waiver by the City of any breach or breaches hereof shall not be deemed, nor shall the same constitute, a waiver of any subsequent breach or breaches. 10 Section 3.9 — Assignment. The CDC -HA shall not assign its rights, nor delegate its duties, under this Agreement without the prior written consent of the City. Any attempt at the assignment or delegation in violation of this section shall be void. The City shall have full right and authority to assign all or a part of its rights and delegate all or a part of its duties under this Agreement. IN WITNESS WHEREOF, the City and the CDC -HA have executed this Agreement on the date first set forth above. CITY: City of National City By: 1u. C4__-. Leslie Deese, City Manager Dated November 4, 2014 CDC -HA: Community Development Commission -Housing Authority of the City of National City By: �-�w Dated November 1, 2014 Leslie Deese, Executive Director Approved as to Form: Christensen & Spath LLP By: Walter F. Spath, II Special Counsel to nd CDC -HA 11 EXHIBIT A Legal Description All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: All that certain real property in the City of National City, County of San Diego, State of California, described as Parcel 1 in that certain Certificate of Compliance No. 2012-04 LS, SC, recorded in the Official Records of San Diego County on August 20, 2013, as Document No. 2013-0521150. 12