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
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Attachment
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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
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ADRIAN
ORANG�
DEPUTY
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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
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4/1'41/35 Resolution No. 75 -475
IIAmendments to Cooperation Agreementsl.
2
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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
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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
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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
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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
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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.
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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
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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