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HomeMy WebLinkAboutA3194 - RIVERSIDE COUNTY CDBG HUD LOW INCOME HOUSING SEPARATION AGR MO5145 i -- COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM c SEPARATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COUNTY OF RIVERSIDE THIS AGREEMENT entered into between the CITY OF PALM SPRINGS (hereinafter referred to as "City") and the COUNTY OF RIVERSIDE (hereinafter referred to as "County") this day of 1993. WITNESSETH: WHEREAS, the County of Riverside has entered into contracts with the United Slates of America through its Department of Housing and Urban Development (HUD) to execute the County's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "Act"); and WHEREAS, the City, as of this date, has unexpended Community Development Block Grant funds totalling $147,116 from the County of Riverside, Urban County Program. This amount consists of Ninth Year, Tenth Year and Thirteenth Year. WHEREAS,the County formerly administered the City's Community Development Block Grant Program; and WHEREAS, the City is now an Entitlement City under the Act and administers its own Community Development Block Grant Program; and WHEREAS, the City as an Entitlement City now desires that the transfer of all obligations and responsibilities from County to City of the unobligatod funds from the Ninth, Tenth and Thirteenth Year Urban County's Letter of Credit and future program income derived therefrom in accordance with Section 106 (C) (3) of the Housing and Urban Rural Recovery Act of 1983. IT IS AGREED AS FOLLOWS: 1. Community Development Block Grant funds of S147,116 which consist of activities and unobligatod funds remaining from the following projects: 1. Sunrise Village Mobile Home Park: Rehab; and 2. Palm Springs Commercial Rehab Program. This Agreement shall constitute a request to HUD to transfer this amount of Community Development Block Grant funds from the Urban County's Letter or Credit to the City Letter of Credit effective , 1993, or as soon as practicable by HUD. 2. City, upon transfer of these funds to the City's Letter of Credit by HUD, shall accept all obligations and responsibilities to HUD for the expenditure of the unobligated funds APR 6 1"S �, . stated herein. These obligations include, but not limited to the Housing and Community Development Act of 1974, (Public Law 93-383) as amended; the Regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); and the assurances (HUD Form No. 7068); and any audit/monitoring findings and program reporting. 3. County agrees that it accepts all obligations and responsibilities to HUD for the expenditures and unliquidatod obligations associated with the activities listed in the above agreement prior to the effective data of the transfer of funds to City. All audit and monitoring findings associated with those expenditures and obligations remain within County. 4. The City agrees to fully indemnify, defend and save harmless the County against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the ,4�—exceptinq only such injury or harm as may be caused performance of this Agreement ,exc:lusrvely Uy the fault or negligence of the County. 5. This Agreement shall not have any force or effect until approved by HUD. IN WITNESS WHEREOF, the parties have executed this Agreement on the year and day first above written. ATTEST: CITY OF PALM SPRINGS t City Clerk City Manager REVIEWED AND APPROVED: COUNT - F RIVERSIDE Patricia A. Larson Cf&I=N of THE Gum OF supavWL. APPROVED: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ATTEST: By: G LD A. HALO E pe e¢vu'nr COUNTY COUNSEL �r °,�V"`� ,. FL=-- MAR 2 41993 r8x APR 6 t"3 CDBG - Riverside Co/City r FlVEV Separation Agr - Transfer Co Pre-Entitlement Funds into AGREEMENT #3194 92-93 M05145, 3-3-93 COMMUNITY DEVLTL0rtirv743LOCK GRANT PROGRRM — - SEPARATION .AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COUNTY OF RIVERSIDE THIS AGREEMENT entered into between the CITY OF PALM SPRINGS (hereinafter referred to as "City") and the COUNTY OF RIVERSIDE (hereinafter referred to as "County") this day of 1993. W ITNESSETH: WHEREAS, the County of Riverside has entered into contracts with the United States of America through its Department of Housing and Urban Development (HUD) to execute the County's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "Act"); and WHEREAS, the City, as of this date, has unexpended Community Development Block Grant funds totalling $147,116 from the County of Riverside, Urban County Program. This amount consists of Ninth Year, Tenth Year and Thirteenth Year. WHEREAS,the County formerly administered the City's Community Development Block Grant Program; and WHEREAS, the City is now an Entitlement City under the Act and administers its own Community Development Block Grant Program; and WHEREAS, the City as an Entitlement City now desires that the transfer of all obligations and responsibilities from County to City of the unobligated funds from the Ninth, Tenth and Thirteenth Year Urban County's Letter of Credit and future program income derived therefrom in accordance with Section 106 (C) (3) of the Housing and Urban Rural Recovery Act of 1983. IT IS AGREED AS FOLLOWS: 1. Community Development Block Grant funds of $147,116 which consist of activities and unobligated funds remaWng from the following projects: 1. Sunrise Village Mobile Home Park Rehab; and 2. Palm Springs Commercial Rehab Program. This Agreement shall constitute a request to HUD to transfer this amount of Community Development Block Grant funds from the Urban County's Letter of Credit to the City Letter of Credit effective �/- , 1993, or as soon as practicable by HUD. 2. City, upon transfer of these funds to the City's Letter of Credit by HUD, shall accept all obligations and responsibilities to HUD for the expenditure of the unobligated funds r;D ,,.rc ueietnerhrr+r APR 6 1443 Hai✓� €ce, 'a new�Gnt' r stated herein. These obligations include, but not limited to the Housing and Community Development Act of 1974, (Public Law 93-383) as amended; the Regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); and the assurances (HUD Form No. 7068); and any audit/monitoring findings and program reporting. 3. County agrees that it accepts all obligations and responsibilities to HUD for the expenditures and unliquidatod obligations associated with the activities listed in the above agreement prior to the effective date of the transfer of funds to City. All audit and monitoring findings associated with those expenditures and obligations remain within County. 4. The City agrees to fully indemnify, defend and save harmless the County against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any parson or property arising out of or in any way connected with the `pexceptinq only such injury or harm as may be caused performance of this Agrooment^exclusivery by the fault or negligence of the County. 5. This Agreement shall not have any force or affect until approved by HUD. IN WITNESS WHEREOF, the parties have executed this Agreement on the year and day first above written. ATTEST: CITY OF PALM SPRINGS By: City City Clerk ,l✓y`5 y Manager U REVIEWED AND APPROVED: a fke/ry!!/e MOF RIVERSIDE � 2�bd COUNT � Cl8�t4� 40, Ntrfcta A. Larcrsrt. � � ATTEST: crtruagfr a( rNE aoaf a aF saewfsorts GERALD A. MALON tk APPROVED: aF.Ptli1" � DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT By: wuw r.- .uet� ! ti� nb9^:�,,e,4t r,..,w,=Y. COUNTY COUNSEL PP{? FI�,,.�' 4.a a .,.7 V J MAR 2 41993 �f� T 4,. �3-:3 rr , sxrgp U.SDepuUnf of}Cm:winZ and dlrkIrM KJs-J apffi-UA d Los Angeles pa o, deg4aft I;: 1615 West Olyrnympk; :3o^zi�aa:d '1 $ Los Angeles,California 9U A 6-3801 c ^t+k oxve AUG 4 199E a�,i hCi IY ' Ec�rms+e OEYEEOPmEHi IIE�.4RTx1EHT Rob Parkings, City Manager City of Palm Springs ATTENTION: Francesca Toscano P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Mr. Parkings: SUBJECT: Section 106 (c:) (3) - Separation of City and County Community Development Act of 1974, as Amended City of Palm Springs Grant Number: B-92-MC-06-0561 This letter is to notify you of HUD approval of the transfer of Community Development Block Grant (CDBG) funds in the amount of $147, 116 from the County of Riverside to the City of Palm Springs. Please note that the City must amend its Final Statement of Objectives to include the new projects funded from the $147, 116 being transferred. The separation agreement indicates that the City "shall accept all obligations and responsibilities to HUD for the expenditure of the unliquidated obligations" . All elements of CDBG statute and regulations (24 CFR 570) , as well as related acts, are applicable to these funds and the City must comply with the citizen participation, amendatory and environmental processes prior to expenditure of funds. Enclosed is an amended 1992 Grant Agreement and Funding Approval (HUD-7082) (three copies) , which constitutes the contract between the Department of Housing and Urban Development and the City of Palm Springs. The increase in the entitlement amount being transferred to the City of Palm Springs is reflected on Line 8b. 0 2 Upon receipt of the executed Grant Agreement (two copies) , HUD will make arrangements to amend your Line of Credit reflecting the increased grant amount. If you have any questions, please contact your Community Planning and Development Representative at 213) 251-7248 or me, at (213) 251-7122 . Very sincerely yours, Charles Ming Manager Enclosures Funding Approval/Agreement r U.S. Department of0sing Title I of the Housing and Community and Urban Development Development Act (Public Law 93-383) Office of Community Planning p and Development HI-00515R of 20515R Community Development Block Grant Program 1.Name of Grantee(as shown In Itam 5 of Standard Farm-424) 3.Grantee's 9-Digit Tax ID Number 4.Data Use of Fund.May Begin 95 6000757 06 24 93 CITY OF PALM SPRINGS 5a.Project f Grant Number 1 6a.Amount Approved 2.Grantee's Complete Address(as shown in Item-6-of Standard Form-424) B_92-MC-06-0561 $147,116 P.O. BOX 2743 5b.Project I Grant Number 2 6b.Amount Approved PALM SPRINGS, CA 92263-2743 COUNTY OF RIVERSIDE 5c.Project/Grant Number so.Amount Approved Grant Agreement This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended, (42 U.S.C. 5301 at seq). The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred on or after the date specified in 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by subrecipient entities to which it makes funding assistance hereunder available. U.S.De artmsnt of o ing&Urban Develo m (signature,name,title,.date) Grantee aUnature,name,title,data) P P CHA LES MING, MANAGER . - �a" �� �'t �"lGs✓ 0�/�!J� � z�S3 . Check Only One: Category of Title I Aecistanea for this B. Special 9af.Date HUD Resolved Submieeion: 10. Check One: Funding Action Conditions a.Orig.FundlOg Approval a. Entitlement,Sec106(b) X (check one) D6 2 9b.Data Grant le. X _ 1:1:J.d b.Amendment X b. State-Administered,Sec 1061d1111 None °- 9c.Date of Start of Program Year: c.Amendment Number c. HUD-Administered Small Cities,Sec 106(d)(2)(B) Attached 07/01 92 1 d. Indian CDBG Programs,Sac 106(a)(1) 11. Amount of Community a. Surplus Urban Renewal Funds,Sec 112(b) Development FY 1992 P Block Grant f. Special Purpose Grants,Sec 107 a.Funds Reserved For This Grantee 398 000 g. Loan Guarantee,Sac 108 b.Funds Now Being Approved $545,116 c. Reservation To Be Cancelled(11e minus 114 _D_ 12a. Amount of Loan Guarantee Commitment New Being Approved: 12b.Name and Complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above data with respect to 12c. Signature of Authodzed Official (name,title,date)for the above grant number(s) as Grantee designated to receive loan guarantee Designated Public Agency assistance, and agrees to comply with the terms and conditions of the Agreement, V applicable regulations, and other requirements of HUD now or hereafter in effect, A pertaining to the assistance provided it. HUD Accounting Use Only TAC Batch Pro ram Y A Re Area Document No. Project Number Cate o Amount � Effecti�1111 176 Pr 0 0 M m� tfo- y Project Number Amount I �y Pro act Number Amount Date Entered PAS Date Entered LOCCS Batch Number Transaclion Code Entered by: Verified by: Previous Editions are Obsolete form HUD-7082 14/14/931 ` 24 CFR 570