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HomeMy WebLinkAboutReso 10-1994RESOLUTION NO. 10-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN MATEO COUNTY FOR FIRST TIME HOMEBUYERS PROGRAM AND MORTGAGE CREDIT CERTIFICATE PROGRAM WHEREAS, the County of San Mateo has executed an Agreement with the United States Department of Housing and Urban Development to expand the County's efforts to assist low 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: 1. The Council hereby authorizes the City Manager to negotiate and execute an Agreement between the City of South San Francisco and the County of San Mateo, the First Time Homebuyers Program and the Mortgage Credit Certificate Program. 2. 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 re§u]ar meeting held on the 26th day of January , 1994 by the following vote: AYES: Councilmembers Jack Drago, Robert Yee, and Maynr ,lns~ph A. Fernekes NOES: None ABSTAIN: ABSENT: Homcowncr~hip .^~ Councilmembers John R. Penna, and Roberta Cerri T~.glia None ATTEST: EXHIBIT A TO RESOLUTION NO. 10-94 COOPERATION AGREEMENT FOR SAN MATEO COUNTY HOMEOWNERSHIP PROGRAM AND THE MORTGAGE CREDIT CERTIFICATE PROGRAM THIS AGREEMENT, made and entered into this day of 1994, between the COUNTY OF SAN MATEO, a political subdivision of the State of California, 3ereinafter 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 WHEZ~EAS, 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's 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 purckasers in the County to afford both new and existing homes within the statutory limits as provided for in said Act; and WHE?.EAS, 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 SECTION 5. DEFINITIONS. 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. SECZ_ION 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 alterat;on 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. SECT_ION 8. RELATIONSHIP. Nothing contained herein shall be interpreted to impose a relationship of partners or joint ventures between the City and the County. SECT_ION 9. VALIDITY OF AGREEMENT. The validity of this Agreement and its terms or provisions, as well as the rights and duties of the parties hereunder, and interpretat:!on 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 affirmative action requirements including, but not limited to Executive Order 11246, the Equal Employment Opportunities Act, the San Mateo County Affirmative Action Plar~ and local affirmative action plans. SECT_ION 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: 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. COUNTY OF SAN MATEO ATTEST: by President, Board of Supervisors Clerk of Said Board CITY OF SOUTH SAN FRANCISCO ATTEST: by Mayor City Clerk MCCDI,SK:MCC61 - I/'M94 5