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HomeMy WebLinkAboutC-1781 - Cooperative agreement for second year Housing & Urban Development Block Grant ProgramAlso see Contract Files 1781 &1679 1868, 1756, CITY OF NEWPORT BEACH T0: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 1791 Description of Contract Authorized by Resolution No. 9212 CALIFORNIA City 11.111 3300 W. Newport Blvd. Area Code 714 DATE December 22, 1977 Amendment to community Development Block Grant Agreement of January 6, 1976- , adopted on Effective date of Contract November 8, 1977 Contract with Orange County Address Environmental 4Symt Agency /Advance Planning Div. P.O. Box 4048, 911 N. Broadway, Santa Ana, CA 92702 Pmount of Contract See Contract Amendment City Clerk IQ RQ f ® LINTY OF -' DEC 19 1977 ©� ( ))RAN Ca E By the CITY COUNCIL CITY OF NEWPORT BEACH ENVIRONMENTAL MANAGEMENT AGENCY TELEPHONE 834 -4643 ADVANCE PLANNING DIVISION AREA CODE 714 BII NORTH BROADWAY MAiuvc ADVRFs5 SANTA ANA, CALIFORNIA P.O. BOX 4046 December 8, 1977 SANTA ANA, CALIFORNIA 92702 H. G. OSBORNE DIRECTOR RICHARD G. MUNSELL ASSISTANT DIRECTOR ADVANCE PLANNING FILE _ City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92653 Subject: Resolution No. 77 -1754 Gentlemen: As requested, the H /CD Division is returning your copy of Resolution No. 77 -1754 and the relevant amendment (see attachment). Shank you for your cooperation in the amendment process. Very truly yours, C. LaBarthe CL :slm Attachment Date /_,x -� Cows $ENE 14ayor fdarager Attorney G1 P `a Dwoctor COmDoc Dir¢cluT ❑ Other Ib Couucilmen 1 i ,�E \iPr..�e�A4• .'��� 1„ 3 i 51 G 8 9 10 I1 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November 8, 1977 On motion of Supervisor Anthony, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that this Board approves the Agreement with the { City of Newport Beach dated November 8, 1977, titled "Amendment to i Community Development Block Grant Program to Provide for Transfer of Responsibility," authorizes the Chairman of this Board to execute same 12; on behalf of the County of Orange and directs the Clerk of the Board to 13 !1, attest thereto. la j' BE IT FURTHER RESOLVED that this Agreement replaces that agreement dated August 30, 1977, covering the same subject matter. VUV � 16 'f 00 I^ II it I8!1PYES: SUPFRVISORS PHILIP L. ANTHONY, RALPH B. CLARK, LAURENCE J. SCHMIT, Il RALPH A. DIEDRICH, 1911 AND THOMAS F. RILEY ii NOES: SUPERVISORS NONE 20 IjABSENT: SUPERVISORS NONE 21 STATE OF CALIFORNIA ) 2 ?. ) ss. (COUNTY OF ORANGE } �3 i` !' I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California, 2 4 1herehy certify that the above and foregoing Resolution was duly and regularly adooted by the said Board at a regular meeting thereof held on the,. ?iIi ' 'd8,y of November 25 X19 77 , and passed b,y a unanimous vote of sail'rd4. 26 'j IN WITNESS WHEREOF, I have hereunto set m,y;fAhd and teal this -8th day of 27 i November , 19 77 {? >M�J hp Resolution No. 77 -1754 to Comm. Develop. Block Clerk of the Board-"of Supervisors "af'�Ji=arige Amendment COURt' ;'California j� Grant Program - Transfer of Respon- ' "' ......... (� sibility - City of Newport Beach PLEAS P URN TO r CTYFE K CITY OF E'�VPORT BEACH 3300 NE b PORT E30ULEVARp NEWPpR AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK BEACH, CALIF.926WT PROGRAM TO PROVIDE FOR TRANSFER OF RESPONSIBILITY 1 This Amendment to Agreement dated this tJ 7* G2G� %/( 2 for purposes of reference only ay of> 1977, 3 Y, between the COUNTY OF ORANGE, hereinafter known as "County ", and the CITY OF NEWPORT BEACH, hereinafter 4 known as "City "_ 5 W I T N E S S E T H: WHEREAS, County and City y previously entered into two Cooperation Agreements, 7 the first dated January 2, 1975, and amended April 8, 1975, and the second dated January 27, 1976 8 , pursuant to Title I of the Housing and Community Development Act of 1974; and 9 1 WHEREAS, the parties entered into two Community Development Block Grant 11 1 Program Contracts dated January 6, 1976, and October 12 Specify terms and conditions under which 1976, and these Contracts 12 approved community development projects are to be performed; and 13 14 WHEREAS, the City has been recently classified an entitlement city by the 15 Department of Housing and Urban Development and must now assume all responsibilities is under the Housing and Community Development Act of 1974; 17 NOW, THEREFORE, the County and the City hereby amend the aforesaid contracts as follows: 18 19 A. The Community Development Block Grant Agreement dated January 6, 1976, is hereby amended as follows: 20 21 1. The following subparagraphs on page 13 are deleted: a. Calculation of Project Cost: $100,000 b. Project Description: Partial payment for acquisition of 24 5.97 acres at Marguerite and Fifth Avenues, Newport Beach, for 25 a Senior Citizens' Center. The property is described as being 26 in Blocks 93 and 96 of the Irvine Subdivision, Tract 6223 as 27 recorded on pages 1 -88 and 229 -26 through 32 inclusive of the 28 Miscellaneous Maps of the County of Orange, Ca. Approximately -1- E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t II we � 1 3.61 acres of this site on the northeast corner of Marguerite and Fifth Avenues is to be leased on a temporary basis for private school purposes as an interim use, 3 with all lease monies maintained in a separate account not to be mingled with city E funds and dedicated to the establishment of a senior citizens program. If this land is sold, the City of Newport Beach will comply with all federal rules and regulations in regard to the disposal of lands obtained under the Housing and Community Development Act of 1974. 2. The following shall he substituted in place of the above. a. Calculation of Project Cost: $107,132 b. Project Description: Facility development and /or partial payment for acquisition of 5.97 acres at Marguerite and Fifth Avenues, Newport Beach, for a Senior Citizens' Center. The property is described as being in Blocks 93 and 96 of the Irvine Subdivision, Tract 6228 as recorded on pages 1 -88 and 229 -26 through 32 inclusive of the Miscellaneous Maps of the County of Orange, Ca. Approximately 3.61 acres of this site on the northeast corner of Marguerite and Fifth Avenues is to be leased on a temporary basis for private school purposes as an interim use, with all lease monies maintained in a separate account not to be mingled with city funds and dedicated to the establishment of a senior citizens program. On or before June 30, 1978, the entire site and facilities shall be made available as a Senior Citizens Center. City will not grant an extension of the school lease beyond June 30, 1978. If this land is sold, the City of Newport Beach will comply with all federal rules and regulations in regard to the disposal of lands obtained under the Housing and Community Development Act o,`, 1974. -2- W 1 3. The following Subparagraph on page 13 regarding a citizen's advisory 2 committee is also deleted: 3 Calculation of Project Cost: $13,697 4 4. The following is substituted in place of the above: 5 Calculation of Project Cost: $ 6,565 i 6 B. The Community Development Block Grant Agreement dated October 12, 1976 is 7 hereby amended as follows: 8 1. The following subparagraphs on page 13 are deleted: 9 a. Calculations of Project Cost $200,000 10 h. Project Description: Partial payment for acquisition of 5.97 acres 11 at Marguerite and Fifth Avenues, Newport Beach, for a Senior 12 Citizens' Center. The property is described as being in Blocks 13 93 and 96 of the Irvine Subdivision, Tract 6228 as recorded on 14 pages 1 -53 and 229 -26 through 32 inclusive of the Miscellaneous Maps 15 of the County of Orange, CA. Approximately 3.61. acres of this site 16 on the northeast corner of Marguerite and Fifth Avenues is to be 17 leased on a temporary basis for private school purposes as an 18 interim use, with all lease monies maintained in a separate account 19 not to be mingled with city funds and dedicated to the establishment 20 of a senior citizens program. If this land is sold, the City 21 of Newport Beach will. comply with al.1 federal rules and regulations 22 in regard to the disposal. of lands obtained under the dousing and 23 Community Development Act of 1974. 24 2. The following subparagraphs shall ho substituted in place of the above: 25 a. Calculation of Project Cost: $207,929 26 b. Project Description: Facflity developmcut and /or partial. payment 27 for acquisition of 5.97 acres at Marguerite and Fifth Avenues, 28 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 22 23 24 25! 26 27 28 ft Newport Beach, for a Senior Citizens' Center. The property is described as being in Blocks 93 and 96 of the Irvine Subdivision, Tract 6228 as recorded on pages 1 -88 and 229 -26 through 32 inclusive of the Miscellaneous Maps of the County of Orange, CA. Approximately 3.61 acres of this site on the northeast corner of Marguerite and Fifth Avenues is to be leased on a temporary basis for private school purposes as an interim use, with all lease monies maintained in a separate account not to be mingled with city funds and dedicated to the establishment of a senior citizens program. On or before June 30, 1978, the entire site and facilities shall be made available as a Senior Citizens (:enter. City will. not grant an extension of the school lease heyoud June 30, 1978. If this land is sold, the City of Newport Beach will comply w -ith all federal. rules and regulations in regard to the disposal of ].ands obtained under the Housing and Community Development Act of 1974. 3. The following subparagraph an page 13 regarding a citizen's advisory committee is also deleted: Calculation of Project Cost: $15,000 4. The following is substituted in place of the above: Calculation of Project Cost: $ 7,077. In the event that the 5.97 acres are determined unnecessary or inappropriate in whole or in part for use as a Senior Citizens Center, that portion of the property will be liquidated in accordance with Federal timnagement Circular 74 -7 and the Consolidated Community Development Block Crant Regulations dated July, 1976. On June 30, 1977, the City shall assume, and the County shall he relieved of all responsibilities for the satisfactory completion of said Housing and Community Development Block Grant Program involving the City. The City a;recs to assume this -4- 1 2 iii 4 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ft responsibility and to comply with the Housing and Community Development Act of 1974 and all regulations thereunder. This amendment and transfer of responsibility provided for herein is subject to the review and approval by the Department of Housing and Urban Development (HUD). If said department disapproves this amendment, it shall thereby be in- operative and neither party shall be bound by the terms and conditions herein. IN WITNESS WHEREOF, City has caused this agreement to be executed by its Mayor and attested by its Clerk, and County has caused this agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk, all duly authorized by the City Council and the Board of Sy4xvisors. Dated: v tovC� ATTEST: 1 _ JUNE ALEXANDER Clerk of the Board of Supervisors Dated: (' , ai 14 7 ATTEST: City Clerk APPROVED AS TO FORM: City Atrorney APPROVED AS TO FORDS ADRIAN KUYPFR, County Counsel Orange County, California slm Chairman of the Bo of Supervisors -s- e OCT 25 1977 By tho CITY COUNGL CITY OF Wg*% T UACH ft 00 RESOLUTION NO. 8 N 1 Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO TIME COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO PROVIDE FOR TRANSFER OF RESPONSIBILITY, AND RESCINDING RESOLUTION NO. 9110 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Amendment to the Community Development Block Grant Program between the City of Newport Beach and the County of Orange in order to provide for transfer of responsibility; and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor. and City Clerk to execute said Amendment; NOVI, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Amendment above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that Resolution No. 9110 is hereby rescinde ATTEST: ty Cl.er ADOPTED this 25th day of October 1977. DDObc 10/2.5/77 C ©7 40 ®_OUNTY OF Cod, ANGE H. G. OSBORNE DIRECTOR RICHARD G. MONSELL ASSISTANT DIRECTOR ADVANCE PLANNING ft ENVIRONMENTAL MANAGEMENT AGENCY ADVANCE PLANNING DIVISION 811 NORTH BROADWAY SANTA ANA, CALIFORNIA October 21, 1977 Mr. Robert Winn, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, Calif. Dear Mr. Winn: 7_ TELEPHONE: 834,4643 AREA CODE 714 M4I LING Ao0 RE55: P.O. BOX 4108 SANTA ANA, CALIFORNIA 92702 FILE The Auditor - Controller has informed us that the contract amendment executed between the County and City of Newport Beach on August 30, 1977 regarding the Community Development Block Grant Program is unacceptable for payment. This is due in part to typographical errors in the recorded amendment document. The most expeditious method of correcting this situation is for the County and City of Newport Beach to execute a corrected amendment which is attached. Until the situation is corrected, the County will be unable to transfer Block Grant funds to Newport Beach. If I can be of any assistance please contact me at 834 -6605. FM: slm Attachment Yours truly. 4 C R. Trevino, Manager Housing /Community Development 0 ft ft CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W, Newport Blvd. Area Code 714 DATE October 7, 1977 TO: FINANCE DIRECMR FROM: City Clerk SUBJECT: Contract No. 1781 Description of Contract Amendment to WD Block Grant Agreement Authorized by Resolution No. 9110 adopted on June 13, 1977 Effective date of Contract August 30, 1977 Contract with nranam ro,,,, o Amount of Contract nAn r,.,,tVArt City Clerk I r r N -o L) c.EP 1977 AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO PROVIDE FOR TRANSFER OF RESPONSIBILITY This Amendment to Agreement dated this �� day of ea t ` 1977, for purposes of reference only, between the COUNTY OF ORANGE, hereinafter known as "County ", and the CITY OF NEWPORT BEACH, hereinafter known as "City" W I T N E S S E T H: WHEREAS, County and City previously entered into two Cooperation Agreements, the first dated January 2, 1975, and amended April 8, 1975, and the second dated January 12, 1976, pursuant to Title I of the Housing and Community Development Act of 1974; and WHEREAS, the parties entered into two Community Development Block Grant Program Contracts dated January 6, 1976, and October 12, 1976, and these Contracts specify terms and conditions under which approved community development projects are to be performed; and WHEREAS, the City has been recently classified an entitlement city by the Department of Housing and Urban Development and must now assume all responsibilities under the Housing and Community Development Act of 1974; NOW, THEREFORE, the County and the City hereby amend the aforesaid contracts as follows: A. The Community Development Block Grant Agreement dated January 6, 1976, is hereby amended as follows: M vtu .. Lt 1 1977 1. The following subparagraph pertaining to Implementation of an On -going Citizen Participation Program, A23231, of Paragraph 14 at page 13 shall be deleted: "Calculation of Project Costs: $13,697.00." 2. The following subparagraph shall be substituted in place of the above: "Calculation of Project Costs: $6,564.55." B. The Community Development Block Grant Agreement dated October 12, 1976, is hereby amended as follows: 1. The following subparagraphs, pertaining to Land Acquisition for Senior Citizens Center, A23430, of paragraph 14 at page 13 shall be deleted. a. "Calculation of Project Costs: $200,000.00." b. Project Description: Partial payment for acquisition of 5.97 acres at Marguerite and Fifth Avenues, Newport Beach,for a Senior Citizens' Center. The property is described as being in Blocks 93 and 96 of the Irvine Subdivision, Tract 6228 as recorded on pages 1 -88 and 229 -26 e through 32 inclusive of the Miscellaneous Maps of the County of Orange, CA. Approximately 3.61 acres of this site on the northeast corner of Marguerite and Fifth Avenues is to be leased on a temporary basis for private school purposes as an interim use, with all lease monies maintained in a separate account not to be mingled with city funds and dedicated to the establishment of a senior citizens program. If this land is sold,the City of Newport Beach will comply with all federal rules and regulations in regard to the disposal of lands obtained under the Housing and Community Development Act of 1974. -2- i f 1' 1 1977 C. "Expenditure Schedule: $200,000.00 will be expended on October 1, 1976, or later if grant monies are not available by this date, as partial payment for the site on Fifth and Marguerite Avenues." 2• The following subparagraphs shall be substituted in place of the above: a• "Calculation of Project Costs: $215_,06 6 b• Project Description: Partial payment for acquisition of 5.97 acres at Marguerite and Fifth Avenues, Newport Beach, for a Senior Citizens' Center. The property is described as being in Blocks 93 and 96 of the Irvine Subdivision, Tract 6228 as recorded on pages 1 -88 and 229 -26 through 32 inclusive of the Miscellaneous Maps of the County of Orange, CA. Approximately 3.61 acres of this site on the northeast corner of Marguerite and Fifth Avenues is to be leased on a temporary basis for private school Purposes as an interim use with all lease monies maintained. in a separate account not to be mingled with city funds and dedicated to the establishment of a senior citizens program. On or before June 30, 1978, the entire site and facilities shall be made available as a Senior Citizens Center. City will not grant an extension of the school lease beyond June 30, 1978. If this land is sold, the City of Newport Beach will comply with all federal rules and regulations in regard to the disposal of lands obtained under the Housing and Community Development Act of 1974. C. "Expenditure Schedule: $215,061.86 will be expended on October 1, 1976, or later, if grant monies are not available by this date as partial payment for the site on Fifth and Marguertie Avenues." C• The Community Development Block Grant Agreement dated October 12, 1976, is hereby amended as follows: -3- 1 of P 977 1. The following subparagraph pertaining to Citizens Advisory Committee, A23431, of paragraph 14 at page 13 shall be deleted: "Calculation of Project Costs: $15,000.00." 2. The following subparagraph shall be substituted in place of the above: "Calculation of Project Costs: $7,070.59." In the event that the 5.97 acres are determined unnecessary or inappropriate in whole or in part for use as a Senior Citizens Center, that portion of the property will be liquidated in accordance with Federal Management Circular 74 -7 and the Consolidated Community Development Block Grant Regulations dated July, 1976. On June 30, 1977, the City shall assume, and the County shall be relieved of all responsibilities for the satisfactory completion of said Housing and Community Development Block Grant Program involving the City. The City agrees to assume this responsibility and to comply with the housing and Community Development Act of 1974 and all regulations thereunder. This amendment and transfer of responsibility provided for herein is subject to the review and approval by the Department of Housing and Urban Development (HUD). If said department disapproves this amendment, it shall thereby be inoperative and neither party shall be bound by the terms and conditions herein. IN WITNESS WHEREOF, City has caused.this agreement to be executed by its Mayor and attested by its Clerk, and County has caused this agreement to be executed by the Chairman . r' ft of the Board of Supervisors and attested by its Clerk, all duly authorized by the City Council and the Board of Supervisors. Dated: lv � 30, (c? 7 ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors Dated: ATTEST: \ City Clerk APPROVED AS TO FORM: City Attorney -5- ORANGE rman of the Boa of Supervisors CITY OF NEWPORT BEACH ' m Tli > 1977 DDO /bc 6/3/77 0 June 16, 1977 Clark of the Orange County Board of Supervisors P.O. Boa 687 Santa Ana. CA 92702 ft Subject: Transfer of Responsibiaity - Community Development Block Grant Program Please present the enclosed original and copies of the subject agreement to the Board of Supervisors for approval and asacution. A certified copy of Resolution No. 9110, adopted at the June 13, 1977 meeting of the City Council of the City of Newport Beach is also enclosed. After approval and *mention by the Board, please return a fully ssecuted copy of the agreement to this office for our official films. Doris George eg Enc. r %f; CITY OF NEWPORT BEACH Office of CITY ATTORNEY June 13, 1977 To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Agreement With County To Provide For Transfer Of Responsibility (HUD Block Grant) The City and the County have previously entered into two Community Development Block Grant Program Contracts, dated January 6, 1976, and October 12, 1976, respectively. These contracts specify the terms and conditions under which approved community development projects are to be performed under the First and Second Year HUD Block Grants. Now that the City of Newport Beach has been classified as an entitlement City by HUD, the County proposes to transfer its prior responsibility under the first two -year grants to the City. The agreement which provides for the transfer also amends certain language in the contracts of January 6, 1976, and October 12, 1976. The following changes have been made: I. First Year Grant Agreement (January 6, 1976) Changes the amount allocated to the Community Development Citizens Advisory Committee from $13,697 to $6,564.55 (the amount actually expended). II. Second Year Grant (October 12, 1976) A. Changes the amount allocated to the Community Development Citizens Advisory Committee from $15,000 to $7,079.55 (the amount actually expended). F -2 The Honorable Mayor and Members of the City Council June 13, 1977 Agreement With County To Provide For Transfer Of Responsibility (HUD Block Grant) B. Increases the Calculation of Project Costs for Land Acquisition for Senior Center from $200,000 to $215,061.86. The increase of $15,061.86 represents the total of the amounts remaining from the First and Second Year Grants that was allocated to the Advisory Committee that was not expended. C. Changes the project description to provide that the entire Fifth and Marguerite site and facilities will be used as a Senior Citizens Center on or before June 30, 1978, and that the City will not extend the lease with the school beyond June 30, 1978. '004W. W, C�v DENNIS D. O'NEIL City Attorney DDO /bc Z ft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO PROVIDE FOR TRANSFER OF RESPONSIBILITY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Amendment to the Community Development Block Grant Program between the City of Newport Beach and the County of Orange in order to provide for transfer of responsibility; and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Amendment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Amendment above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th day of June , 1977. ATTEST: City Clerk Mayor DDO /bc 6/8/77 i CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE February 10, 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. Description of Contract h-UD Block Grants Program Authorized by Resolution No. 8682 , adopted on Jan. 12, 1976 Effective date of Contract January 12, 1976 Contract with County of Orange Address Santa Ana, CA 92702 Amount of Contract City Clerk i • MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA January 27, 1976 IN RE: COOPERATION AGREEMENTS HOUSING AND COMMUNITY DEVELOPMENT PROGRAM VARIOUS CITIES On motion of Supervisor Schmit, duly seconded and unanimously carried by Board members present, the Chairman is authorized to sign the Cooperative Agreements between the County of Orange and the following cities in Orange County, which provides that the parties agree " to cooperate in the undertaking, or assisting in the undertaking of essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing ", as recommende by the Director of the Environmental Management Agency in his letter dated January 27, 1976. CITIES CITIES Brea Newport Beach Cypress Fountain Valley Irvine Laguna Beach La Habra La Palma Los Alamitos � F fOtJ -2.2 ♦mil `/F .ti ^ .. Placentia San Clemente San Juan Capistrano Seal Beach Stanton Tustin Villa Park Yorba Linda n� ,J C� �-r , Z•, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lv 19 20 �1 23 24 2 27' 27'. 23 i .! PLEASE "E -Pja}d Tile ' LA U' 1 1A7.. 5;, ^'TY CLERK i' COOPIRfTIO'd AGREE.'[E:+T 0 i THIS AGREE.RiEN1' entered into thisl2hday of Tan *ary , by and between the County of Orange, hereafter "COUNTY" and the City of Newport Beach hereafter "CITY ". WHEREAS, Title I of the Housing and Community Development Act of 1974, here- after "ACT ", makes available to cities under 50,000 population and the unincorpor- ated 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. The parties agree to cooperate in the undertaking, or assisting in undertaking, essential community development and housing assistance activities, especially urban renewal and publicly assisted housing. 2. COUNTY shall be responsible for the preparation, adoption, and submission of an Urban County Application to the Department 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. 3. CITY shall comply with the community development plan and program and the housing assistance plan which are developed pursuant to said application, and all laws, regulations and policies applicable to said grant. 4. In the event CC'NT`.'s Urban. County application is approved by HUD, COUNTY shall forward to CITY any such grant funds received from IiUD which are attributable to activities conducted by CITY, unless nnother form of distribution is required by th , C7. 5. The activities to be. undetakan durin-- the term of this Agreement ,r:i.11 be ,!Iosen by CI'I`f rrom. the following listing. a. Ar_c.uisition R!aal Pr-,perty b. Ruh ^.lic Works, _AC:ii.. ies, Site Improvements t.. • 0 11 1 C. Code Enforcement 2 d. Clearance, Demolition, Rehabilitation 3 e. Rehabilitation loans and Grants 4 f. Special Projects for Elderly and Handicapped g. Payments for Loss of P.ental Income 6 h. Disposition of Real Property 7 i. Provision of Public Services 8 j. Payment of Non - Federal Shares 9 k. Completion of Urban Renewal Projects 10 1. Relocation Payments and Assistance 11 m. Planning and Management Development 12 n. Administrative ?3 0. Continuation of Model Cities Activities 14 6. CITY shall be responsible for carrying out all approved projects located 15 in CITY, including all necessary record keeping. 16 7. The term of this Cooperation Agreement shall be for one year commencing with 1?� the approval by BUD of COUNTY's application. 18 $. (a) CITY shall indemnify, hold harmless and defend COUNTY, its officers, 19 agents and employees against all liability, claims, losses, demands and actions for 20 injury to or death of persons or damage to property arising out of or alleged to arise 21 out or in consequence of this Agreement, provided such liability, claims, demands, 22 losses or actions are claimed to be due to the acts or omissions of CITY, its officers, 23� agent_s or employees in the performance of this Agreement, including any activities conducted by CITY. 25� (b) In addition, City shall indemnify and hold harmless COUNTY against any 25 liability, claims, losses, demands, and actions incurred by COUNTY as a result of a 27 determination by HUD that activities undertaken by CITY failed to comply with any laws, i }i regulations, or policies applicable thereto or that any funds forwarded to CITY under 29.t tt,is Ao- I� .eement were improperly e:;p end ed. Lt% (c) The provisions of paragraphs 1, 3, 4, 5, 6, and 7 of Section 2778 of 31 ?, II the California Civil Code, as said section exists on the effective date of this Agree- � pert, shall be applicable to the above indemnification provisions. Transmittal to 1! i1 A ._.. ..,.___....._ a .. �. c 11 2 31 4 51 s 71 i 9i l0 11� 12 131', 14 15 16 17' is 19 20 21 2 23 24 nnAA 25 27 23 �39 30 n9 0 U-2 • • District 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 4.'ITNESS WHEREOF the parties have executed this Agreement the date last executed below. DATED: COUNTY OF ORANGE ;y Chairma , Board of Supervisors sk DATED: z 3LC . T / 7 1 C OF JU,'o0I2`P BEACH � K- h AT1'F. ,S i City Clerk Mayor -3 s. s 4 Jan'ary 16, 1976 COMMUNITY DEVELOPMENT DEPARTMENT Attention: Tim Correll COOPERATION AGREEMENT WITH ORANGE COUNTY IN CONNECTION WITH 2ND YEAR HUD BLOCK GRANTS PROGRAM C -1781 Attached are the original and two copies of subject agreement with the County of Orange for transmittal to the appropriate county agency. Also attached are two certified copies of Resolution No. 8682 authorizing the agreement. Please be sure one executed copy of this agreement is returned to the City Clark's office for inclusion in the official records. Laura Lagios City Clerk LL:awk Me. 4 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH THE SECOND YEAR HUD BLOCK GRANT PROGRAM 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 connection with the Second Year HUD Block Grant Program; and WHEREAS, the City Council has considered the terms and conditions of said 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 Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that the Housing Assistance Plan is hereby approved with the understanding that the figures will be revised upon receipt of the 1976 special census data. ADOPTED this 12th day of January , 1976. Mayor ATTEST: City Clerk DDO /bc 1/9/76