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HOMES INVESTMENT PARTNERSHIP ACT/AGREEMENT & CERTIFICATION OF PINELLAS CO. LARGO & CLEARWATER CONSORTIUM . . . , ~-.. I I COOPERATION AGREEMENT FOR HOME INVESTMENT PARTNERSHIP ACT HOME INVESTMENT IN AFFORDABLE HOUSING THIS AGREEMENT, entered into this 22lt/b day of .t:H.t CrtlJ r , 1991, by and between the City of Clearwater (herein called the "City") and Pinellas County, Florida (herein called the "County"); WITNESSETH THAT: WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990 (herein called the "Act") makes provisions whereby urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking affordable housing pursuant to the HOMES Investment Partnership Act; and WHEREAS, it is the desire of the parties that beginning in Fiscal Year 1992 the County act in a representative capacity for all cooperating members of local government and desires that the County assume overall responsibility for ensuring that the Consortia for the HOMES Program is carried out in compliance with the requirements of this Act. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The city hereby authorizes the County to submit for and receive HOMES funding from the United States Department of Housing and Urban Development. 2. The City hereby authorizes the County to establish a local HOME Investment Trust Fund for receipt of HOMES funds and repayments. 3. The County and the City shall cooperate in the implementation of the HOMES Program and shall cooperate in the preparation of the consolidated Comprehensive Housing Affordability Strategy (CHAS) by providing to the County that information needed. The City will retain responsibility for those sections of the CHAS required to be completed by entitlement communities, shall execute and submit the required certifications, and shall prepare and submit its plan for monitoring compliance with the CHAS. 4. The City shall be entitled to a pro rata portion of the HOMES funding for eligible uses under the HOMES Bill and shall be responsible for meeting the matching funds requirements. The City and the County agree to provide from its share of funding the required set aside funding for nonprofit agencies required by the federal law. The funding shall be prorated according to the amount which the federal government establishes for each participating entitlement community in the consortium. If no entitlement amounts are established for the participating cities of Clearwater and . tp(!:~ ~ y; ?J/~- ,\ . Largo, f:unds for thJ participating cities shallle allocated on the basis of 60% reserved for the city of Clearwater and 40% reserved for the City of Largo, after the entitlement amount for pinellas County has been subtracted from the total consortium funding. , . .- 5. The City shall have the right to reallocate its HOMES funding to the County to be used outside the City limits when the city is unable to use the funding due to lack of eligible projects or matching resources. A schedule for reallocation shall be mutually agreed upon to allow HOMES funding to be used before reallocation by the U. S. Department of Housing and Urban Development to jurisdictions outside pinellas County. 6. The City agrees that County or other cooperating local government HOMES funds can be used within the City limits provided such eligible HOME activities are consistent with the City's adopted Comprehensive Plan. The County shall be responsible for providing the matching funds unless such project is a joint project desired by the city in which case the city shall share in providing the matching funds. 7. The City and County shall enter into a written agreement for each project pursuant to federal requirements governing the use of HOMES funding, ensuring compliance with certifications and federal requirements of HOMES such as affordability, repayment, housing quality standards and other program requirements. 8. with reference to any program income generated from the HOMES funds, federal regulations shall govern placement of HOMES repayments into the local trust fund. The County shall, if requested and to the extent possible, separately account for repayments on city projects. Repayments on city projects shall be available to the City for use on other approved HOMES activities. 9. The City does hereby agree to inform the County, in writing, of any income generated by the expenditure of HOMES funds received by the City, and that such program income must be paid to the County for deposit in the Trust Fund or may be retained by the City only if its use is defined in the separate agreement and approved by the U. S. Department of Housing and Urban Development. 10. The City and the County shall affirmatively further fair housing. 11. The City and the County, as parties to the consortium, agree that they shall direct all their activities, with respect to the consortium, to the alleviation of housing problems in the State of Florida. 12. The City and the County agree that each will save the other harmless due to the negligent acts of its employees, officers or agents, including volunteers, or due to any negligent operation of equipment. The City and the County shall only be obligated to defend and hold harmless the other under this Agreement to the extent that each may be held liable under Chapter 768.28 of the Florida statutes, as it may be amended from time to time. This section shall not be construed as waiving any defense or limitation -2- . , .., .. which ei.ther party Jay have against any claim oj cause of action by any person not a party to this Agreement. ,. 13. 1993. This agreement shall be in effect through September 30, 14. The City and County agree that this Cooperation Agreement may require modifications when final regulations on HOMES and CHAS are provided by the U. S. Department of Housing and Urban development and will cooperate in executing a revised or amended written Agreement acceptable to both parties. IN WITNESS WHEREOF, the City and County have executed this Agreement as of the date first hereintofore written. PINELLAS COUNTY, FLORIDA, a political sUbdivision, by and through its governing body, the Board of countY~~iSS{~:;l1 BYt:luJp~ ~ ~ Chairman - ATTEST: KARLEEN F. DeBLAKER, CLERK of the Circuit Court BY: ~-tf#~ ~ Deputy Clerk CITY Michael ri City Manaqe (Appropriate Officer/Title) BY: ATTEST: ommissioner ~'--\L~. ~~ City Clerk Cynthia E. Goudeau Counsel for each party does hereby state that this Cooperation Agreement is in accordance with State and local law and provides full legal authority of the County to undertake or assist in und~r~a~ing essential community development an~istance achvltles. ~ ~ County Attorney ~i- Jr. -3- I I STATE OF FLORIDA CERTIFICATION OF THE PINELLAS COUNTY, CITY OF LARGO, AND CITY OF CLEARWATER CONSORTIUM WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990 makes provisions whereby urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking affordable housing pursuant to the HOMES Investment Partnership Act; and WHEREAS, the County of Pinellas, City of Largo and City of Clearwater, Florida, have stated that it is their desire beginning in fiscal year 1992, to have the County act in a representative capacity for all cooperating members of local governments and that the County assume overall responsibility for ensuring that a consortium of the HOMES Program is carried out in compliance with the requirements of the Cranston-Gonzalez National Affordable Housing Act of 1990; and WHEREAS, pursuant to the authority of Cranston-Gonzalez National Affordable Housing Act of 1990, the consortium entered into between the County of Pinellas, Cities of Largo and Clearwater, Florida, serves as a program whereby the County of Pinellas, Cities of Largo and Clearwater, Florida, will contribute towards the alleviation of housing problems within the State of Florida; THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE STATE OF FLORIDA HEREBY DULY CERTIFIES, based upon the Cooperation Agreements for Home Investment Partnership Act Home Investment in Affordable Housing attached hereto as Composite Exhibit "An and in reliance on the promises and representations herein contained, THAT THE , . '" I I CONSORTIUM ENTERED INTO AMONG THE COUNTY OF PINELLAS, CITY OF LARGO AND CITY OF CLEARWATER, FLORIDA, WILL DIRECT ITS ACTIVITIES TOWARD THE ALLEVIATION OF HOUSING PROBLEMS WITHIN THE STATE OF FLORIDA. IN WITNESS THEREOF, THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA HAS CERTIFICATION. Sadowsk', ecretary of Community Affairs Witness: &oj STATE OF FLORIDA) SS: COUNTY OF ~~ ~ SWORN TO (l~ ~LL "R. Not' _ y Public _ .. . N~flJry l'u~!ic, -Sf~!! cF rr'J~illf --::. My COlll.!!'tlsslon EXDd 't'P!':. t 'I'''" r:-"';-e'l"~" "'.. in!'l'" .&f'll~O':'lC'nl!.. ~ Io,.~.,..~~ J ....H... .li, ,)1;6~ i.nd.d Thru rn>l fain.Ir...~r~n<o "'''''1 AND SUBSCRIBED before me this d,3(2 J) day of 19'1 ,~ ~ Department Seal: