HomeMy WebLinkAboutReso 216-1985 RESOLUTION NO. 216-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION
OF AN AGREEMENT FOR REHABILITATION LOAN SERVICES
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Agreement.
The Agreement entitled "Agreement for Rehabilitation Loan Services"
between the City of South San Francisco and the County of San Mateo is hereby
approved, and a copy of said Agreement is attached hereto as Exhibit "1."
2. Execution of Agreement.
The Mayor is hereby authorized to execute said Agreement on behalf of
the City, and the City Clerk attest his signature thereto.
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 regular
meeting held on the 9th day of October , 1985, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
RESOLUTION NO, ~7.~:~F/
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT FOR
REHABILITATION SERVICES UNDER THE COUNTY'S
HOUSING AND COMMUNITY DEVELOPMENT PROGRAM
IN FISCAL YEARS 19BS-S6 AND 19B6-$7
RESOLVED, bv the Board of Supervisors of the County of San Mateo, State of
California, that
WHEREAS, the Housing and Community Development Act of 1970, Public£aw 93-
353~ enacteC Augusi 22. 1~7~, and the Housing and Community Development Act of 1977~
Public Law 9~-12g~ enacted October 12~ 1977~ both provide/or the distribution of federal
/unds through the process of community development block_ grants to eligible public
entities; and
WHEREAS~ those public entities which are eligible W.rece[~te_said funds are cities
with a popul~rtion in excess of ~0~000, ~old harmless* public entities~ and -urban counties;
and
WHEREAS, pursuant to the provisions of Section ~1300 et seq of the Government
Gode~ the Board of Supervisors of the Gounty may contract with the City and the City
Gouncil of the Gity may contract with the Gotmty 'for the periormance-of-the City
functions by the appropriate officers and employees of the Gounty~ and
WHEREAS, the City desires the County to perform the Housing Rehabilitation
services hereinafter set forth for and on behalf of the Gity within the territorial limits of
said City and the Gounty is willing to perform such services;
NOW THEREFORE, IT IS HEREBY RESOLVED that this Board concurs with and
approves the dual-year Agreement For Rehabilitation Loan Services between the Gounty
and the City of South San Francisco~ and hereby authorizes and directs the Ghair o! the
Board to execute same for and on behalf of the County of San Mateo and the Glerk o!
said Board shall attest her signature thereto.
Regularly passed and adoDted this 19th
85.
AYES and in favor of said resolution:
Supervisors:
day of November
K. JACQUELINE SPEIER
JOHN M. WARD
ANNA G. ESHOO
TOM NOLAN
WILLIAM J. SCIiUMACHER
r;OES and against said reso}ution:
Supervisors: NONE
Absent Supervisors:
NONE
( .~l E,\ I. )
ATTEST:
K, JACOUELINE SPEIER
Chair, Board of Supervisors
County of San Mateo
State of California
EUNICE M. BRECIIT
Clerk of the Board
STATE OF CALIFORNIA)
)
COU~]TY OF SAN MATEO)
ORLENE FERRANDO, Deputy Clerk, Board of Supervisors, does
hereby certify that the above and foregoing is a full, true and
correct copy of Resolution No. 47~~ entered in the
minutes of said Board.
In Witness Whereof, I have hereunto set my hand and the
seal of said Board this 19th day of November , 19 85.
ORLENE FERRANDO,
Deputy Clc:rk, Board of Supervisors
AGREEMENT FOR REHABILITATION LOAN SERVICES
THIS AGREEMENT, entered into on the /4]~ day o! ~, 19g5, by
and between the CITY OF 5OUTH SAN FRANCISCO, a general law City of the Count' of
San Mateo, State o! California, hereinafter referred to as "CITY", and the COUNTY OF
$^N M?,TE@, a political subdivision of the State o;[ California, hereinafter referred tc as
"COUNTY";
~X'ITNESSETH:
~t'HEREAS, the Hous~n~ and Commuq;,ty Develovmen: Ac~ o! 197~, Public Law 9~-
353, enacted August 22, 1974, and the Housin~ and Community Development Act o~ 19,-'7,
F,Jbj:.c Lay ~5-12~, enactec C)ctoDer ~ .... ;,, bo*.r~ Dro~ide ior the a!stribution o~ feoe.-~
funds through the process o! community development block grants to eligible public
entities~ and
WHEREAS, those public entities which are eligible to receive said funds are cities
with a population in excess of 50,000, ~old harmless' public entities, and urban counties;
and
~/HEREAS, pursuant to the provisions of Section 51300 et seq of the Government
Code, the Board of Supervisors of the County may contract with the City and the City
Council of the City may contract with the County for the_performance of the_City
functions by the appropriate officers and employees of the County; and
WHEREAS, the City desires the County to perform the Housing Rehabilitation
services hereinafter set forth for and on behalf of the City within the territorial limits of
said City and the County is willing to perform such services;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
I. Purpose of ARreement: The purpose of this Agreement is to set forth the
respective duties and responsibilities of the County and the City with respect to
the City's rehabilitation loan program.
II. County Responsibilities: In full consideration o! the payments set forth herein, the
County shall perform the following services:
The County shall have the responsibility of carrying out the City's rehabilitation
loan program as set forth in the Housing and Community Development Act, in the
designated target areas of the City, including~ but not limited to, the responsibility
to prepare all necessary loan documents, inspect properties, monitor and inspect
construction activities performed in conjunction with the rehabilitation, and assure'
compliance with all applicable federal, state and local laws. Specifically, County
shall provide the following services:
A. The County agrees, through its Director of Housing and Community
Development Division, to perform the housing rehabilitation functions of the City
as specified in subsections B and C of Section II.
B. Financial Services. The County agrees to provide financing services for
both substantial and limited rehabilitation work under the following categories:
1. Housing rehabilitation loans originated and packaged by San Mateo
County;
i. fully amortized loans; or
ii. hardship deferred loans.
7. The County shall be responsible, either _through its. offices or its loan
servicer, for the loan documentation including but not limited to:
a. Installment Note
b. Deed of Trust:
c. State of California Fair Lending. Notice ........
d. Compliance with Regulation "B" of the Federal Equal Credit
Opportunity Act and Regulation "Z" of the Federal Truth-in-Lending
Act.
g. The County shall meet with the property oWner for the purpose of
gathering data and/or the signing of the loan documents;
9. The County shall arrange for the account servicing, including collection o!
loan accounts, loan delinquency counseling and/or foreclosure procedures.
C. Technical Services. The County agrees to provide Rehabilitation Technical
Services as follows:
I. Request services of a licensed structural pest control service, as
applicable, to be paid by Owner;
2. Provide owner work specifications to correct the items identified in the
structural assessment and pest control reports;
3. Verify State licensing status of contractor selected by Owner;
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Organize and conduct preconstruction conference;
Provide lending assistance pursuant to duly adopted County rehabilitation
loan programs;
Audit compliance with work specifications;
7. Maintain individual construction escrow accounts for all sums specified
for payment in escrow instructions and owner/contractor agreement;
8. Financing and technical services shall be performed dui'lng normal working
hours. Said services shall be of such nature and character as would be :
normally required for rehabilitation under generally established and
prevailing practices. Any unusual services of a technical nature that the {
City may require may be performed by the County if qualified personnel is
available and upon written request of the City. ~n the category of unusual~
services may be included, by way of illustration, attendance at meetings,
hearings and court proceedings, off-hour consultations, work on holidays
and weekends. Prevailing rates for such unusual services will be followed
in determining the amount of compensation for such services;
9. The County shall report to City on a annual basis, the number and
processing status of applications received from that locality~ for
rehabilitation services, as _well as the availability of funds allocated for
rehabilitation;
10. The County shall not replace the legal responsibilities and/or duties cfi the[
City Chief Bui_ld!ng_o_ffic_ial.in~caFying~ out :_as_k? u~_der_ ?he Rehabilitation
Loan Program described above;
11. The County shall determine the level of staffing and services necessary to
III.
implement the re_habi!it_a_tjon pr_ogram fo~_t, heCitY_~ It has_ be_ep_ ~.
determined that it will start with one loan officer and two rehabilitation
specialists and the management and supervisory staff as needed. See
Exhibit B, flow chart.
City Responsibilities: The City shall furnish the necessary support services and
personnel for the outreach effort including but not limited to the following: ---
A. Provide space and personne! to d.i~seminaJe rehabilitation program information
as needed.
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VI.
VII.
15. Provide County with meeting and work space in order to :[acilitate
coordination between property owner, contractor, County and related
personnel as needed.
C. Provide the use o:[ a telephone for local calls, as needed.
Administrative Expenses: City will make no claim :[or administrative expenses to
operate the Rehabilitation Loan Program.
Other Program and Funding Sources: It will be the responsibility of the City to'
apply :[or participation in the Rental Rehabilitation Loan Program through the
Department of Housing and Urban Development and any other S:ate or Federal
Rehabilitation Loan Program in which it wishes to participate as these programs
become available. County will be willing to provided the same services described
above providing County and City agree on compensation to County ~or such
services.
Contract ^mount.' in .~lJ consideration o! the services provtded by the County to
the City as being herein descrjbed~ the minimum amount :[or rehabilitation payable
by the City to the County under this Agreement shall be $~)0,000 each prog_r_a_m_ _y_ea__r
from the City's Community Development Block Grant allocation so long as :[unds
are available. At the beginning of fiscal year 1985-g6, the City shall draw down
these :[unds and deposit into County treasury. The parties may amend this
Agreement from time to time to increase the minimum amount payable under this
Agreement when it is determined that additional funds are to be allocated to the
project from the City's Community Development budget~ and that reallocation is
necessary :[or the achievement of the purposes o:[ the City's rehabilitation loan
program.
The City agrees that the County's costs shall not exceed 2096 of all rehabilitation
funds :[or the County's administrative costs in operating the City's Rehabilitation
Loan Program.
Account: An interest bearing escrow account shall be establi_sh_ecl- by the County_ -,
:[or the purpose o:[ recei,ying the :[unds '~rom the City. The interest generated by the
deposited :[unds shall become a part of the City's rehabilitation loan funds and shall
be used :[or :[uture rehabilitation activities within the City.
VIII.
IX.
Pro{~ram Income: The County shall keep separate accounting of loan repayment of
principal and interest and other program income funds generated under the City's
Rehabilitation Loan Program.
activity within the City.
Hold Harmless:
A.
These funds will be used for future rehabilitation
It is agreed that County shall defend, hold harmless and indemnify City, it
officers and employees from any and all claims for injuries .or damages to
persons and/Or property which arise out of the terms and conditions of this
agreement and which result from the negligent acts or omissions of said
County, its officers and/or employees.
It is further agreed that City shall defend, hold harmless and indemnify
County, its officers and/or employees from any and all claims for injuries
and/or damages to persons and/or property which arise out of the terms and
conditions of this agreement and which result from the negligent acts and/or
omissions of City, its officers and/or employees.
In the event of concurrent negligence of County, its officers and/or employees
and City, its officers and/or employees, then the liabili.ty for any and all
claims for injuries or damages to persons and/or property which arise out of
the terms and conditions of this agreement shall be apportioned under the
'California theory of comparative negligence as presently established, or as
may be hereafter modified.
A. Contract Term: Subject to earlier termination as provided below, the term of
this agreement is I year. Contract shall commence on 3uly 1, 1985 and shall
terminate on 3une 30, 1986, with annual reviews.
B. Contract Termination: The Agreement may be terminated by either the County
or the City so long as written notice of intent to terminate is given to the other
party at least 90 days prior to termination date. Upon termination, any
documentation in the possession of the County shall be returned to the City.
Beneficial interests in ali loans made by the County for the City will be transferred
to the City. No termination by either party shall affect the rights and obligations
of the parties under this Agreement with resl~ect to any program loan the County
has made or committed to make prior to the effective date of such termination.
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IT WITNESS WHEREOF, the parties hereto have afixed their signature on the day
and year first above written.
Attest- Clerk of the Board
COUNTY OF SAN MATEO
crrY OF SOUTP SAN FRANCLSCO
Mayor
A-37:10/85