HomeMy WebLinkAbout08254ORDINANCE NO. 8254
AN ORDINANCE APPROVING AND AUTHORIZING THE
EXECUTION OF GRANT AGREEMENTS BETWEEN THE
CITY OF PUEBLO AND THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD)
CONCERNING THE YEAR 2010 HOME INVESTMENT
PARTNERSHIP ACT GRANT AND THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING
ORDINANCE NO. 8134, AND THE CITY OF PUEBLO’S 2010
ONE-YEAR ACTION PLAN TO CONFORM THEREWITH,
BUDGETING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $2,721,001 AND REPROGRAMMING
$162,571.47 FROM PRIOR YEAR FUNDS.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Agreements between the U S Department of Housing and Urban
Development “HUD” and the City of Pueblo, which are identified as Grant Number M-10-DC-
08-0205 for the HOME Program and B-10-MC-08-0007 for CDBG, copies of which are
attached hereto, are hereby approved in all respects.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute said
Grant Agreements in the name of the City and the City Clerk is hereby authorized and
directed to affix the official seal of the City of Pueblo and attest same.
SECTION 3.
The City Manager, or his duly authorized representatives, and other officials of the
City are hereby authorized and directed to do all things required to be done in order to obtain
payments under the Grant Agreements, including, but not limited to, making required
certifications, submitting requests for payment, contracting with persons and organizations in
order to carry out the provisions of the Grant Agreements, filing reports and keeping records
relating to fiscal, performance and evaluation matters, and submitting other materials, as
required to HUD.
SECTION 4.
The payments made by the HUD to the City pursuant to and under the Grant
Agreements shall be transmitted to the Finance Department of the City and credited to
Special Fund Nos. 250 for Community Development Block Grant and 251 for HOME
Investment Partnerships funds.
SECTION 5.
Monies received as program income including principal and interest loan repayments,
or other sources of private receipts by the fund accounts listed in Section 4 of this Ordinance,
shall be transmitted to the Finance Department of the City and credited to Fund Nos. 250 and
251.
SECTION 6.
Ordinance number 8134 adopting the City of Pueblo’s One Year Action Plan for the
fiscal year 2010-2011 is amended by increasing the 2010 CDBG grant by $164,904, from
$1,635,000 to $1,799,904, and by decreasing 2010 HOME grant by $4,761, from $925,858,
to $921,097. Additionally, $162,722.93 resulting from cancelled prior year projects, as
described in Attachment 1 , is to be reprogrammed to the following activities:
CD0933 – Housing Demolition and Clearance - $71,093.36
CD0932 – Housing Acquisition and Rehabilitation - $91,629.57
SECTION 7.
The total amount of $2,883,723.93 is hereby budgeted and appropriated, and projects
established as per Attachment 2.
INTRODUCED: August 9, 2010
BY: Judy Weaver
COUNCILPERSON
PASSED AND APPROVED: August 23, 2010
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Attachment 2
CDBG
ADMINISTRATIVE /PLANNING
CD1014 Dept. of Housing & Citizen Services- Program Administration $ 359,980.80
Total Administrative /Planning $ 359,980.80
PUBLIC FACILITIES /NEIGHBORHOOD IMPROVEMENTS
CD1006 Salvation Army- Community Dining Room $ 200,000.00
CD1007 ADA Ramps- Abriendo and Broadway $ 84,494.00
CD1008 ENA -ADA Ramps, Curbs, Gutter & Sidewalks $ 271,313.00
CD1009 BAND- Sidewalks, and Curbramps $ 189,193.00
CD1013 City of Pueblo ADA Curb Ramps - Citywide $ 400,000.00
Total Public Facilities /Neighborhood Improvements $ 1,145,000.00
PUBLIC SERVICES
CD1002 Posada - Homeless Supportive Services /Individuals & Families $ 42,500.00
CD1015 Boys & Girls Club - Eastside Center $ 22,637.00
CD1004 SRDA- Senior Transportation $ 26,613.00
CD1003 Catholic Charities - Housing /Budget Counseling $ 21,250.00
CD1001 Municipal Court- Community Service Program $ 7,000.00
Total Public Services $ 120,000.00
OTHER
CD1012 Rehabilitation /Minor Repairs Program $ 124,923.20
CD1005 Pueblo County -ERESP $ 50,000.00
Total Other $ 174,923.20
Total 2010 CDBG Project Amounts $ 1,799,904.00
REPROGRAMMED FUNDS
CD0932
Neighborhood Revitalization- Housing Acquisition /Rehabilitation $ 73,189.90
CD0933 Neighborhood Revitalization- Housing Demolition and
Clearance $ 89,381.57
Total Reprogrammed CDBG Project Amounts $ 162,571.47
HOME
HO1010 City Departmental Admin Costs $ 73,687.76
H01020 City Home Dowpayment Assistance $ 95,000.00
H01030 Pueblo County Consortium $ 156,586.49
HO1040 Rehab /Infill /New Construction $ 457,658.20
H01050 Community Housing Development Corporation $ 138,164.55
Total 2010 HOME Project Amounts $ 921,097.00
Background Paper for Ordinance
# R-7
AGENDA ITEM
DATE: August 9, 2010
DEPARTMENT: HOUSING AND CITIZEN SERVICES
ADA RIVERA CLARK
TITLE
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT
AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD), CONCERNING THE YEAR 2010 HOME
INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8134, AND THE CITY OF
PUEBLO’S 2010 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, BUDGETING
AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,721,001 AND REPROGRAMMING
$162,571.47 FROM PRIOR YEAR FUNDS
ISSUE
The City Council on January 11, 2010 approved Ordinance number 8134 which authorized
submission of the CDBG and HOME FY 2010 application to the U.S. Department of Housing
and Urban Development (HUD). HUD approved the application and the City must now
execute the attached grant agreements. However, the forecasted grant funds have changed,
and prior year projects have been completed and balances need to be reprogrammed,
therefore budgets must be established accordingly.
RECOMMENDATION
Approval of the Ordinance
BACKGROUND
The City of Pueblo submitted an application to HUD for CDBG and HOME funds for the year
2010 on January 14, 2010. HUD has approved our application. The City must now enter into
grant agreements in order to receive the funds. Each year the Department estimates the
amount of funds to be received based on the prior year grant, and then adjusts the Action
Plan based on the actual grant award.
HUD authorized $1,799,904, in CDBG funding. A $164,904 increase from the estimated
amount. This increase in funding will go to CD1012-Minor Repairs Program, which was
approved for said purposes under Ordinance 8134. The HOME funding was reduced by
$4,761, to $921,027. The reduction in funding is absorbed by all the HOME projects.
In addition, 21 projects have been completed and have remaining balances. The amount of
funding to be re-programmed is $162,571.47. The funds will be used to acquire and
demolish or acquire and rehabilitate blighted properties in the low- to moderate-income
The Pueblo Chieftain
neighborhoods. A public notice was published in , on July 20, 2010,
beginning the 30-day comment period. No comments were received by the Department.
FINANCIAL IMPACT
The City will receive $2,721,001 in federal funds to carry out eligible activities, to include,
infrastructure improvements, public services, and affordable housing. The acceptance of
the HOME grant requires a 25% match ($184,219.40).
Funding Approval /Agreement 1 , ece1ve • Department of Housing and Urban Development
Title I of the Housing and Community ice of Community Planning and Development
Development Act (Public Law 930383) Community Development Block Grant Program
JUN 18 2010
Hl- 00515R of 20515R ._
1. Name of Grantee (as shown in item 5 of Standard Forr V O Accounting Center 3. Grantee's 9 - digit Tax ID Number 4. Date use of funds may begin
city of Pueblo, Colorado 84 6000615 (mm/dd/yyyy) 03/01/2010
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved
2631 East 4 Street B 10 - MC - 08 - 0007 $1,799,904
Pueblo, CO 81001 5b. Project/Graht No. 2 6b. Amount Approved
5c. Project/Grant No. 3 6c. 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 USC 5301 et 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 after the date specified in item
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
sub - recipient entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name) Grantee Name
Leroy P. Brown city of Pueblo, CO
Title Title
Director, Community Planning and Development Mr. Lawrence W. Atencio, President of the City Council
Signature
Date (mm/dd/yyyy) .1•.,,,r 1 Date (mm/dd/yyyy)
dir �� 6/10/2010 . ,�� SP 8/23/2010
. tego 0 �I 1 Assistance for this Funding Action 8. Special Conditions 9a. Date HUD Received Submission 10. check one
(check on ' e) (check one) (mm/dd/yyyy) 01/13/2010 a. Orig. Funding
® a. Entitlement, Sec 106(b) ❑ None 9b. Date Grantee Notified Approval
❑ b. State - Administered, Sec 106(d)(1) ® Attached (mmiddiON 1 5 2010 ❑ b. Amendment
El c. HUD - Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year Amendment Number
❑ d. Indian CDBG Programs, Sec 106(a)(1) (mm/dd/yyyy) 03/01/2010
❑ e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development
❑ f. Special Purpose Grants, Sec 107 Block Grant FY (2010) FY ( ) FY ( )
❑ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee
b. Funds now being Approved $1,799,904
c. Reservation to be Cancelled
(11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency
N/A N/A
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 date with
respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency
loan guarantee assistance, and agrees to comply with the terms and N/A
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the Title
assistance provided it. N/A
Signature
HUD Accounting use Only
Effective Date
Ba_ tch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
1 53 1 0 0 0 1 1111 —
1 7 6 Y Project Number Amount
0
Y Project Number Amount
Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm /dd /yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD -7082 (4/93)
Fundi Approval and HOME U.S. Department of mousing iivD HPP uva cavo - u
g pp and Urban Development (Exp. 03/31/2005)
Investment Partnerships Agreement Office of Community Planning
Title II of the National Affordable Housing Act and Development �
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time • �Vr ions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of informa ion. This agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB cori�t�rQQ r n(�
The HOME statute imposes a significant number of data collection and reporting requirements. This includes informat4 s fe t f f operties, on the
owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants i mAn_aging their
ff��
programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to Other each
participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to de cd n b7� 3mplian other statutory
and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related
authorities. Access to Federal grant funds is contingent on the reporting of certain project - speck data elements. Records of information collected will be
maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for
disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required.
1. Participant Name and Address 2. Participant Number
city of Pueblo, Colorado M 10 - DC - 08 - 0205
3. Tax Identification Number
2631 East 4 Street 84 6000615
Pueblo, CO 81001 4. Appropriation Number
see #18 below
5. FY (yyyy)
2010
6. Previous Obligation (Enter "0" for initial FY allocation) $
a. Formula Funds $
i
b. Community Housing Development Org. (CHDO) Competitive $ r ... n ' ;T ' -.
7. Current Transaction (+ or -) $ 921,097
a. Formula Funds - $ 921 ,097 ,
1. CHDO (For deobligations only) $ , I °
2. Non- CHDO (For deobligations only)
b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ ,
8. Revised Obligation $
x
a. Formula Funds $
b. CHDO Competitive Reallocation $
9. Special Conditions (check applicable box) 10. Date of Obligation (Congressional Release Date)
® Not applicable ❑ Attached (mm /dd/yyyy) 06 / 10 / 2010
This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction /Entity is made pursuant to the
authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan
submission /Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME
Investment Partnership Agreement, form HUD - 40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this
Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction /Entity upon execution of this Agreement by the
parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by
HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the
Participating Jurisdiction's /Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR
92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded
to the Participating Jurisdiction /Entity without the Participating Jurisdiction's /Entity's execution of the amendment or other consent. The Participating
Jurisdiction /Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable
housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for
environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
11. For the U.S. Department of HUD (Name and Title of Authorized Official) 12. Signature 13. Date
Leroy P. Brown, Director, CPD r 06 / 10 / 2010
14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) 15. Sig re 16. Date
Lawrence W. Atencio, President of the City Council , J 9 08/23/ 2010
f ' k1. f, x d 1 P
17. Check one:
® Initial Agreement ❑ Amendment #
18. Funding Information: CHDO Competitive Reallocation
Source of Funds Appropriation Code PAS Code Amount Source of Funds Appropriation Code PAS Code Amount
FY2010 HOME 86 0/1 0205 HMC $921,097 $
$ $
$
Page 1 of 1 form HUD -40093 (04/2004)
Funding Approval /Agreement Receive Department of Housing and Urban Development
Title I of the Housing and Community Receive ice of Community Planning and Development
Development Act (Public Law 930383) Community Development Block Grant Program
JUN 1 8 2010
Hl- 00515R of 20515R
1 Name of Grantee (as shown in item 5 of Standard Form Accounting Center 3. Grantee's 9 - digit Tax ID Number 4 Date use of funds may begin
city of Pueblo, Colorado I 84 6000615 I (mm/dd /yyyy) 03/01/2010
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved
2631 East 4 Street B 10 - MC - 08 - 0007 $1,799,904
Pueblo, CO 81001 5b. Project/Grant No. 2 6b. Amount Approved
5c. Project/Grant No. 3 6c. 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 USC 5301 et 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 after the date specified in item
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
sub - recipient entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name) Grantee Name
Leroy P Brown city of Pueblo, CO
Title Title
Director, Community Planning and Development Mr Law rence W Atencio, President of the City Council
Signature Date (mmlddlyyyy) j�-- Date (mm/dd/yyyy)
6/10/2010 1 .�.�_. [ . it L//�Cuc> 8/23/2010
ategor�o I Assistance for this Funding Action 8. Special Conditions 9a. Date HUD Received Submission 10. check one
(check on ie � ) (check one) (mmldd/yyyy) 01/13/201 ® a. Orig. Funding
® a. Entitlement, Sec 106(b) ❑ None 9b. Date Grantee Notified Approval
❑ b. State - Administered, Sec 106(d)(1) ® Attached (mm/dd ❑ b. Amendment
❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year Amendment Number
❑ d. Indian CDBG Programs, Sec 106(a)(1) (mm/dd /yyyy) 03/01/2010
❑ e. Surplus Urban Renewal Funds, Sec 1 12(b) 11 Amount of Community Development
❑ f. Special Purpose Grants, Sec 107 Block Grant 1 FY (2010) 1 FY ( ) 1 FY ( )
❑ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee I 1 I
b. Funds now being Approved 1 $1,799,904
c. Reservation to be Cancelled 1 1 1
(11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved 1 2b. Name and complete Address of Public Agency
N/A N/A
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 date with
respect to the above grant number(s) as Grantee designated to receive 112c. Name of Authorized Official for Designated Public Agency
loan guarantee assistance, and agrees to comply with the terms and N/A
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the Title
assistance provided it. N/A
Signature
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm /dd /yyyy) F
153 00 1111111IIIII I 11 I0
17
Y Project Number Amount
— I I 1 I I I I I
Y Proiect Number Amount
0 111111 1
Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm /dd /yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD -7082 (4/93)
Fundi Approval and HOME U.S. uepartment of t•tousmg vim r�PPrvvai P4U covo-V I
g pp and Urban Development (Exp. 03/31/2005)
Investment Partnerships Agreement Office of Community Planning
Title II of the National Affordable Housing Act and Development ,
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time;' u -ilk Afrerdions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of informa ion. This agency may not conduct or
sponsor and a person is not required to respond to, a collection of information unless that collection displays a valid OMB coqtrapuirildrInin
The HOME statute imposes a significant number of data collection and reporting requirements. This includes informatiW% -11 s sfe operties, on the
owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants i mAn_aging their
programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to ipi Other each
participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to dete nb7omplian nce with other statutory
and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related
authorities. Access to Federal grant funds is contingent on the reporting of certain project- specific data elements. Records of information collected will be
maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for
disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required.
1 Participant Name and Address 2. Participant Number
city of Pueblo, Colorado M 10 - DC - 08 - 0205
2631 East 4"' Street 3 Tax Identification Number
84 6000615
Pueblo, CO 81001 4 Appropriation Number
see #18 below
5. FY (yyyy)
2010
6. Previous Obligation (Enter '0" for initial FY allocation) 1 $
a. Formula Funds 1 a ,. :Sc '
b. Community Housing Development Or (CHDO) Competitive . g ., .,�' •
7 Current Transaction (+ or ) ' $ 921,097
a. Formula Funds $ 921,097 I =
1 CHDO (For deobligations only) I $ I ` •r ,40 „ :; :
2. Non- CHDO (For deobligations only) 1 $ I +. , 1/ w
b CHDO Competitive Reallocation or Deobligation (see #18 below) I $
8. Revised Obligation 1 $
a. Formula Funds 1 $ �; r.,
b. CHDO Competitive Reallocation 1 I t '""'" rt ,
9. Special Conditions (check applicable box) 10 Date of Obligation (Congressional Release Date)
® Not applicable ❑ Attached (mm /dd /yyyy) 06 / 10 / 2010
This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction /Entity is made pursuant to the
authority of the HOME Investment Partnerships Act (42 U S.0 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan
submission /Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME
Investment Partnership Agreement, form HUD - 40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this
Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction /Entity upon execution of this Agreement by the
parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by
HUD without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the
Participating Jurisdiction's /Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR
92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may by its execution of an amendment, deobligate funds previously awarded
to the Participating Jurisdiction /Entity without the Participating Jurisdiction's /Entity's execution of the amendment or other consent. The Participating
Jurisdiction /Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable
housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for
environmental review decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
11 For the U S. Department of HUD (Name and Title of Authorized Official) 12. Signature 13. Date
Leroy P Brown, Director, CPD
• 110.,, 06 / 10 / 2010
14 For the Participating Jurisdiction /Entity (Name and Title of Authorized Official)`' 15. Sig , re 16. Date
Lawrence W Atencio President of the City Council . 08/23/ 2010
17 Check one:
® Initial Agreement ❑ Amendment #
18. Funding Information: CHDO Competitive Reallocation
Source of Funds Appropriation Code PAS Code Amount Source of Funds Appropriation Code PAS Code Amount
FY2010 HOME 86 0/1 0205 HMC $921,097 $
$ $
Page 1 of 1 form HUD -40093 (04/2004)