Loading...
HomeMy WebLinkAboutReso 17-1997 RESOLUTION NO. 17-97 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN MATEO COUNTY TO CONTINUE ADMINISTRATION OF THE FIRST TIME HOME BUYERS PROGRAM ~ND MORTGAG~ C~DIT CERTIFICAT~ PROGRAM WHEREAS, the County of San Mateo has executed an Agreement with United States Department of Housing and Urban Development to expand the County's efforts to assist iow and moderate income households to purchase a first home in San Mateo County; and WHEREAS,The Mortgage Credit Certificate Program will also provide for additional tax credits creating home ownership affordability; and WHEREAS, the City of South San Francisco has been invited and also wishes to participate in both programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: The Council hereby authorizes the Mayor to execute an Agreement between the City of South San Francisco and the County of San Mateo, the First Time Home Buyers Program and the Mortgage Credit Certificate Program. A copy of the Agreement is attached hereto and marked as Exhibit "A". * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a reglJ]ar meeting held on the 26th day of February , 1997 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers James L. Datzman, Euqene R. Mullin, John R. Penna, Robert Yee and Mayor Joseph A. Fernekes None None None A: \HOMEOWNE. RES ATTEST: EXHIBIT A TO RESOLUTION NO. 17-97 COOPERATION AGREEMEN-T FOR SAN MATEO COUNTY HOMEOWNERSHIP PROGRAM AND THE MORTGAGE CREDIT CERTIFICATE PROGRAM THIS AGREEMENT, made and entered into this 2]'4¼ day of ~-e~m.~,~,~ , 1997, between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County", and the CITY OF SOUTH SAN FRANCISCO, a duly incorporated city within the County of San Mateo~ hereinafter referred to as "City". WITNESSETH WHEREAS, the Tax Reform Act of 1984 established the Mortgage Credit Certificate Program (hereinafter "MCC Program") as a means of assisting qualified individuals with the acquisition of new and existing single family housing; and WHEREAS, the County has established a housing trust fund for the purpose of providing homeownership opportunities and has also executed an agreement with the United States Department of Housing and Urban Development for a Special Purpose Grant to further expand the County% efforts to assist First Time Homebuyers in the purchase of a primary residence in San Mateo County; and WHEREAS, the County and the City have heretofore determined to engage in an MCC Program pursuant to Chapters 1399, Statutes of 1985 Section 50197, et seq of the Health and Safety Code of the State of California (the "Act") in order to assist individual home purchasers in the County to afford both new and existing homes within the statutory limits as provided for in said Act; and WHEREAS, in furtherance of the MCC Program, the City authorizes the County from time to time to apply to the State of California Debt Limit Allocation Committee (CDLAC) in the name of the City for mortgage bond allocations, the amount of which can be traded for authority to issue Mortgage Credit Certificates in a face amount equal to one fourth of the value of the cities bond allocation; and WHEREAS, the City also desires to be included in the Countywide Homeownership Program; and WHEREAS, a Cooperation Agreement by and between City and County establishing the formal relationship to co-operate in the MCC Program and the Homeownership Program is specifically authorized under the provisions of Government Code Section 6502 and 26227; and WHEREAS, the City now desires to emer into this Cooperation Agreement with the County of San Mateo so that its residents may benefit from the MCC and the Homeownership Program administered by the Coumy; and NOW THEREFORE, in consideration of the covenants hereinatter provided, the parties hereto agree as follows: SECTION 1. PURPOSE. This agreement is for the purpose of enabling the City and the County to cooperate to provide opportunities for qualified first-time homebuyers to purchase eligible real property within the City limits. SECTION 2. TERM. The term of this Agreement shall begin upon execution by the COUNTY and shall continue as long as mortgage bond allocations are provided to the COUNTY on behalf of the CITY. This agreement may be terminated by either party upon ninety (90) days written notice delivered to the other party. SECTION 3. COUNTY'S RESPONSIBILITY TO CITY. The County shall continue to staff a program for the effective administration of both the Homeownership Program and the MCC program within the geographical boundaries of the County. The County shall eominue its cooperation with local real estate and lending institutions in order to maintain their participation in securing applications from eligible applicants for review and approval by County representatives on behalf of the County and the City. SECTION 4. CITY'S RESPONSIBILITY TO COUNTY. The City agrees to undertake such further proceedings or actions as may be necessary to carry out the terms and intent of this agreement as expressed in the recitals hereto; provided, however, that nothing herein shall require the City to appropriate any funds to the County for services under this agreement. Funds for the administration of the MCC and Homeownership programs shall be derived by the County from the application fee paid by applicants and participating lenders and from administrative set asides from the housing trust fund and the special purpose grant. Fees shall be collected and retained by the County. 2 SECTION 5. DEFI2XlITIONS. The words and phrases of this Cooperative Agreement shall, for all purposes hereof unless otherwise defined herein, have the meanings assigned to such words and phrases in the Act. SECTION 6. OTHER COOPERATION AGREEMENTS. Nothing in this Cooperative Agreement shall prevent the County from entering into one or more agreements with other municipal corporations within the County, if deemed necessary and advisable to do so by the County. SECTION 7. AMENDMENTS. This Cooperative Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time. No alteration or variation shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on the parties hereto. SECTION 8. RELATIONSHIP. Nothing contained herein shall be interpreted to impose a relationship of partners or joint ventures between the City and the County. SECTION 9. VALIDITY OF AGREEMENT. The validity of this Agreement and its terms or provisions, as well as the fights and duties of the parties hereunder, and interpretation and performance of this Agreement shall be governed by the laws of the State of California. SECTION 10. AFFIRMATIVE ACTION. Under County's ultimate supervision and responsibility, City covenants and agrees that it will abide by and enforce all applicable affu-mative action requirements including, but not limited to Executive Order 11246, the Equal Employment Opportunities Act, the San Mateo County Affirmative Action Plan and local affirmative action plans. SECTION 11. NOTICES. Any notice, request, demand or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United States mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed: In the case of COUNTY, to: Pat West, Acting Director HOUSING DIVISION 262 Harbor Blvd., Bldg. A Belmont, CA 94002 (415) 802-5050 In the case of CITY, to: CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA 94080 (415) 877-8500 SECTION 12. HOLD HARMLESS. It is agreed that COUNTY shall defend, hold harmless, and indemnify CITY, its officers and employees, from any and all claims for injuries or damage to persons and/or property, which arise out of the terms and conditions of this Agreement and which result from the negligent act or omissions of COUNTY, its officers, and/or employees. It is further agreed that CITY shall defend, hold harmless, and indemnify COUNTY, its officers and employees, from any and all claims for injuries or damage to persons and/or property, which arise out of terms and conditions of this Agreement and which result from the negligent act or omissions of CITY, its officers, and/or employees. In the event of concurrent negligence of CITY, its officers and/or employees, and COUNTY, its officers and/or employees, then the liability for any and all claims for injures or damages to persons and/or property which arise out of the terms and conditions of this Agreement shall be apportioned according to the California theory of comparative negligence. 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. COUNTY OF SAN MATEO by President, Board of Supervisors ATTEST: Clerk of Said Board CITY OF SOUTH SAN FRANCISCO ATTEST: by City Clerk MCCDI.~K:MC~261 - 1/3/94