Loading...
HomeMy WebLinkAboutC-1679 - House & Development Act of 1974Also see Contract Files 1868, 1756, 1781 &1679 CITY OF NEWPORT BEACH CALIFORNIA DATE *4ms 9 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1679 tion of contract Description t Dlopment Aot 1974 (HUD) Homing and Camma><i'ty eve Authorized by Resolution No. 9459 adopted on _lg Effective date of Contract Contract with pmount of Contract Ctly Hall 3100 W. Newport Hied. Area Code 714 673 -2110 i� r� — \ ity e c Attachment dm 4 AMENDMENT TO COOPERATION AGREEMENT THIS AMENDMENT to AGREEMENT entered into this day of 1975, by and between the County of Orange, hereinafter "COUNTY" and the City of Newport Beach, . hereinafter "CITY ": WHEREAS, the parties hereto previously entered into a cooperation agreement dated January 2, 1975, pursuant to the Housing and Community Development Act of 1974; and WHEREAS, the Department of Housing and Urban Development has requested certain amendments to such agreement; NOW, THEREFORE, the above cooperation agreement is hereby amended as follows: A. Paragraph 1 is amended to state as follows: This Agreement shall constitute a cooperation agreement between the parties within the meaning of Section 102(a)(6) of the Act. The parties agree to cooperate in the undertaking, or assist- ing in undertaking, essential community development and housing assistance activities, especially urban renewal and publicly assisted housing. B. Paragraph 2 is amended to state as follows: COUNTY shall be responsible for the preparation, adoption and submission of an Urban County Application to the Depart - ment of Housing and Urban Development, hereinafter "HUD ". In the preparation of said application, COUNTY shall give due consideration to CITY's analysis of community development needs and proposed activities. C. Paragraph 4 is amended to state as follows: In the event COUNTY's Urban County application is approved by HUD, COUNTY shall forward to CITY any such grant funds received from HUD which are attributable to activities conducted.by CITY, unless another form of distribution is required by the Act. D. Paragraph 5 is amended to state as follows: The activities to be undertaken during the term of this Agreement will be chosen by CITY from the following listing. a. Acquisition of Real Property b. Public Works, Facilities, Site Improvements C. Code Enforcement d. Clearance, Demolition, Rehabilitation e. Rehabilitation Loans and Grants f. Special Projects for Elderly and Handicapped g. Payments for Loss of Rental Income h. Disposition of Real Property i. Provision of Public Services j. Payment of Non - Federal Shares k. Completion of Urban Renewal Projects 1. Relocation Payments and Assistance m. Planning and Management Development n. Administrative o. Continuation of Model Cities Activities E. Paragraph 6 is amended to state as follows: CITY shall be responsible for carrying out all approved projects located in CITY, including all necessary record keeping. F. Paragraph 8(a) is amended to state as follows: a. CITY shall indemnify, hold harmless and defend COUNTY, its officers, agents and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out or in consequence of this Agreement, provided such liability, claims, demands, losses or actions are claimed to be due to the acts or omissions of CITY, its officers, agents or employees in the performance of this Agreement, including any activities conducted by CITY. G. Paragraph 8(b) is amended to state as follows: b. In addition, CITY shall indemnify and hold harmless COUNTY against any liability, claims losses, demands, and actions incurred by COUNTY as a result of a determination by HUD that activities undertaken by CITY failed to comply with any laws, regulations, or policies applicable thereto or that any funds forwarded to CITY under this Agreement were improperly expended. In WITNESS WHEREOF, the parties have executed this Agreement the date last executed below. DATED: COUNTY;, F ORANGE BY Chairm&h, Board of Supervisors DATED: March 24, 1975 CITY OF NEWPORT BEACH BY Mayor, City of ATTEST: APPROVED AS TO F City Clerk r'\TIPV F A 5z Q T qrl' 2AW4rr\T1qV1V rprp 1 9 j BY: j; ADRIAN ORANG� DEPUTY 31 4 5 6'' 8 91 10 11 1 12 1 13 1 14 J y W f z 15 0 0 W 0 U W 16 4 y � LL F Z JZQ 00 17 18 19 20 1 21 22 23 24 25 26 27 28 29 30 31 32 '0*. RESOLUTION 02 THE BGAR' OF SUPERVISORS OF' GRANGE CGUN`.I "i . CALIF'GRN'1A April 8, 1975 On motion of Supervisor Clark, duly seconded and carried, the following Resolution was adopted: WHEREAS, this Board on January 21, 1975, approved cooperation agreements with the following cities for the purpose of participating in housing and community development activities under the Housing and Community Development Act of 1974: Brea Placentia Cypress San Clemente Fountain Valley San Juan Capistrano Irvine Seal Beach Laguna Beach Stanton La Habra Tustin La Palma Yorba Linda Los Alamitos Irvine Newport Beach San Juan Capistrano WHEREAS, the Department of Housing and Urban Development has requested certain amendments to such Agreements; j I WHEREAS, the Department of Housing and Urban Development has required, as a condition of application approval, that the County of Orange take full responsibility and assume all obligations of an applicant: under the statute. NOW, THEREFORE, BE IT RESOLVED that this Board hereby approves the following Amendments to Cooperation Agreements with the following cities for participation in housing and community development activities under the Housing and Community Development Act of 1974: I �I i R'B : gm 4/1'41/35 Resolution No. 75 -475 IIAmendments to Cooperation Agreementsl. 2 -r -_, Dated Dated i Brea 4/8/75 Newport Beach 4/8/75 Cypress 4/8/75 Placentia 4/1/75 Fountain Valley3 /18/75 San Clemente 3/19/75 Irvine 4/8/75 San Juan Capistrano 4/8/75 Laguna Beach 4/2/75 Seal Beach 4/8/75 La Habra 4/8/75 Stanton 3/24/75 La Palma 4/8/75 Tustin 3/17/75 Los Alamitos 3/24/75 Yorba Linda 3/17/75 BE IT FURTHER RESOLVED that the County of Orange shall take full responsibility for compliance with Federal regulations, policies, guide- lines, and requirements for acceptance and use of Federal funds including' R'B : gm 4/1'41/35 Resolution No. 75 -475 IIAmendments to Cooperation Agreementsl. 2 -r -_, Pick Up March 26, 1975 Orange County Enviramnental Management Agency 400 Civic Center Drive West Post Office Box 4048 Santa Aria, ailifornia 92702 Subject: Amended Cooperation Agreement in connection with the Housing and Cuumity Development Act of 1974 (HUD) Contract No. 1879 Enclosed are the original and two copies of subject agreement duly executed by the City of Newport Beach. the City Council authorized said agreement on March 24, 1975 by the adoption of Resolution No. 8459. Please have the amended agreement signed by the Board of Supervisors and return a fully executed copy to my office. Laura Lagios, CMC City Cleric LL:dm Enclosures oe: Cce mnity Development Department + RESOLUTION NO. 8459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, there has been presented to the City Council of the City of Newport Beach an amendment to the Cooperation Agreement between the City of Newport Beach and the County of Orange in connection with the Housing and Community Development Act of 1974; and WHEREAS, the City Council has considered the terms and conditions of said amendment to the Cooperation Agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerkare hereby authorized t and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 24th day of March , 1975. Mayor ATTEST: City Clerk TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1679 CITY OF NEWPORT BEACH CALIFORNIA i DATE March 19, 1975 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Description of Contract Cooperation agreement. with County of Orange to implement the ?lousing and Community Development Act of 1974. Authorized by Resolution No. 8409 , adopted on December 23, 1974 Effective date of Contract January 2, 1975 Contract with County of Orange Address 515 North Sycamore Santa Ana, CA 92702 Amount of Contract City Clerk dm Attachment THIS AGREEtMT encc:red into this day of �/� y' , 191 , by and 11et;oeen the County of Orange, hereafter "COUNTY" and the City of Newport Beach, hereafter "CITY ": L -1679 WHEREAS, Title I of the Housing and Community Development Act of 1974, hereafter "ACT ", makes available to cities under 50,000 population and the unincorporated area of the County of Orange certain sums to be used for a broad range of housing and community development activities; and WHEREAS, said ACT authorizes such cities to enter into cooperation agreements with COUNTY for the purpose of undertaking or assisting in the undertaking of essential community development and housing assistance activities; NOW, THEREFORE, the parties agree as follows: 1. This Agreement shall constitute a cooperation agreement between the parties within the meaning of Section 102(a) (6) of the ACT. 2. CITY shall be responsible for the preparation, adoption and submission to COUNTY of a component application specific to CITY's needs. COUNTY shall review said application and, if determined by COUNTY to be in compliance with applicable laws, regulations, certification requirements, and policies, shall submit said component application to the Department of Housing and Community Development, hereafter "HUD ", as part of. COUNTY's Urban County application. 3. CITY shall comply with the community development plan and program and the housing assistance plan which are devel- oped pursuant to said application, and all laws, regulations and policies applicable to said grant. 4. In the event CITY's component application is approved by HUD, COUNTY shall, upon receipt of any such grant funds, forward to CITY the amount attributable to CITY's component + application based on the same three (3) part formula used by HUD in making entitlement allotments. -1- 5. The activities to be undertaken during the term of this Agreement will be chosen by CITY from the following listing. Said activites chosen by CITY will be further defined in CITY's final component application: a. Acquisition of Real Property b. Public Works, Facilities, Site Improvements C. Code Enforcement d. Clearance, Demolition, Rehabilitation e. Rehabilitation Loans and Grants f. Special Projects for Elderly and Handicapped g. Payments for Loss of Rental Income h. Disposition of Real Property i. Provision of Public Services j. Payment of Non - Federal Shares k. Completion of Urban Renewal Projects 1. Relocation Payments and Assistance M. Planning and Management Development n. Administrative o. Continuation of Model Cities Activities 6. CITY shall be responsible for carrying out all projects under the CITY's component application, including all necessary record - keeping. 7. The term of this Cooperation Agreement shall be for one (1).. year commencing with the approval by HUD of COUNTY's application. 8. (a) CITY shall indemnify, hold harmless and defend COUNTY, its officers, agents and employees against all liability, claims, losses, demands and actions for injury to or death bf persons or damage to property arising out of or alleged to arise out or in consequence of this Agreement, provided such liability, claims, demands, losses or actions are claimed to be due to the acts or omissions of CITY, its officers, agents or employees in the performance of this Agreement, including any activities conducted by CITY under its component application. -2- (b) In addition, CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of a determination by HUD that activites undertaken under CITY's component application failed to comply with any laws, regulations, or policies applicable thereto or that any funds forwarded to CITY under this Agreement were improperly expended. (c) The provisions of paragraphs 1, 3, 4, 5, 6 and 7 of Section 2778 of the California Civil Code, as said section exists on the effective date of this Agreement, shall be applicable to the above indemnification provisions. CITY Transmittal to kRX=R= of any pleadings served shall be deemed to be a request to defend. 9. COUNTY shall have the right to audit CITY's records to determine compliance with this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the date last executed below. DATED: ` DATED: JAN Z ATTEST: �lGie( t51--tE City Clerk APPROVED AS TO FORM: City Attorney -3- COUNTY OF ORANGE By: Cro. 1 s0 of CITY OF NEWPORT BEACH i I� 1 2, 3 4 5 6 7 8 9 10 11 l2 13 14 Jr W w �za 15 �o W0U "U W 16 4 ' u 4 0 Z Z a o' 0 17 u 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 u31:D:cm 1/20/7' F 01971.2 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUN`iy, CALT.PORNIA Janua ry 21 1975 On motion of Supervisor Clark , duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that this Board hereby approves the cooperation agreements with the following cities for participation in housing and community development activities under the Housing and Community.Develop- ment Act of 1974: Brea Placentia Cypress San Clemente Fountain Valley San Juan Capistrano Irvine Seal Beach Laguna Beach Stanton La Habra Tustin La Palma Villa Park Los Alamitos Yorba Linda Newport Beach BE IT FURTHER RESOLVED that the Chairman of this Board is hereby directed to execute the above agreements and a letter of transmittal to the Department of Housing and Urban Development and the Clerk of this Board is directed to attest said agreements. AYES: SUPERVISORS RALPH B. CLARK, THOMAS F. RILEY, R. W. BATTIN, LAU4ENCE J. SCH"'It' ANJ 1:ALPH A. DIED?tICH NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE Resolution No. 75 -80 Cooperation Agreements - Housing and Comm. Develop. 1. 1 2 3 4 S 8 7 8 9 10 11 12 13 14 �a 15 onOZo uuo 16 Y u oZi 80 17 u 18 19j 201 21 22 2311 241 25 26 271 28 29 30 31 32 Ll • STATE OF CALIFORNIA ) ) $8e COUNTY OF ORANGE ) I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 21st day of January 19 75., and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 21st day of January , 19 75. W.. E,. ST JOHN " County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County., California By Deputy 0 0$ II F1031 -22 2. q r IR 1cS�- RESOLUTION NO. 8 .;! 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE TO IMPLEMENT THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, there has. been presented to the City Council of the City of Newport Beach a certain Cooperation Agreement between the City of Newport Beach and the County of Orange in order to implement the Housing and Community Development Act of 1974; and WHEREAS, the City Council has considered the terms and conditions of said Cooperation Agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Cooperation Agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23rd day of December , 1974. Mayor ATTEST: City Clerk P'_ T4 0 DDO /bc 12/17/74