FUNDING AGREEMENT RE: PINELLAS COUNTY CONSORTIUM HOME PROGRAM
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FUNDING AGREEMENT
CITY OF CLEARWATER, FLORIDA
PINELLAS COUNTY CONSORTIUM HOME PROGRAM
FY 1992-93 ACTIVITY - M-92,DC-12-0217
This Agreement is entered into this / {) rh day of ~Il{ f'( ,1992, by Pinellas
County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY" and City o[ Clearwater,hereinafter referred to as "CITY," and
WHEREAS Pinellas County, as lead agency for the Pinellas County Consortium, has agreed
with the United States Department of Housing and Urban Development (HUD) to administer the
HOME program with [ederal financial assistance under the National Affordable Housing Act; and
WHEREAS the Community Development department, hereinafter called the
"DEPARTMENT," will act on behalf of Pinellas County in conducting the program, and
WHEREAS the CITY has proposed housing rehabilitation for owner occupied units,
hereinafter referred to as the "PROJECT," and
WHEREAS the cost of PROJECT to COUNTY'S HOME program is $170,550, and
WHEREAS COUNTY has found that the PROJECr proposed by the CITY is consistent
with its Comprehensive Housing A"istance Strategy and is eligible [or financing through the HOME
program;
THEREFORE, the parties agree as follows:
1. USE OF HOME FUNDS
CITY shall, in a satisfactory and timely manner as determined by the DEPARTMENT, carry out the
PROJECT in accordance with this Agreement. Any changes to the project description, included as
a part of this Agreement as Attachment A. must be approved by the DEPARTMENT and must be
in conformance with HUD regulations for the HOME Program.
2. FUNDING TERMS
COUNTY, through DEPARTMENT, will provide funds to carry out PROJECT upon receipt o[
supporting documentalion. CITY shall not request disbursement of funds until funds are needed [or
payment o[ eligible costs and the amount of each request must be limited to the amount needed.
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3. TERMINATION OF AGREEMENT
COUNTY, through DEPARTMENT, may suspend, withhold or terminate payment for PROJECT
for cause. Cause, which shall be determined by COUNTY, includes. but is not limited to the
following:
a) Improper U!.e of PROJECr funds
b} Failure to comply with the terms and conditions of this Agreement
c) Refusal to accept conditions imposcd by IIUD
d) Submittal to DEPARTMENT of documcntation which is incorrect or incomplete in any
material respect
e) Failure or CITY to obtain other neccssary financing or approvals for PROJECT,
CITY may terminate Agreement without further obligation or penalty for cause or convenience upon
written notice to DEPARTMENT, except that any funds disbursed and expended for HOME
activities prior to termination shall remain subject to all applicable rules and regulations or the
HOME Program.
4. AFFORDABILlTY REQUIREMENTS
All housing units assisted by CITY with HOME funds shall comply with the alTordability requirements
of 24 CFR g92.252 or g92.254, dated December 16, 1991 or as subsequently amended, as applicable.
CITY shall be responsible for annual inspections of rental records to determine compliance and shall
submit documentation to DEPARTMENT confirming such compliance on an annual basis during the
period of alTordability for each assisted unit. Should any HOME assisted rcntal unites} rail to meet
the applicable affordability rcquirement, CITY will provide owner of the property wrillen notice of
the deficiency and require owner to bring unites) into compliance within 30 days. If owner rails to
comply, CITY shall immediately declarc all HOME funds that were disbursed on behalf or the
property due and payable to DEPARTMENT, For activitics involving homcbuyer assistance, CITY
shall administer the Resale Restrictions as submitted to and approved by HUD in Program
Description. DEPARTMENT shall provide guidance and technical assistance to CITY in developing
procedures to be used in enforcing atTordability guidelines.
5. HOUSING QUALITY STANDARD
CITY shall insure that the HOME assisted housing is maintained in compliance with Housing Quality
Standards as established by HUD for the Section 8 Program and local housing code requirements for
the duration of the period of affordability for each 110M E assisted property. CITY shall conduct
annual inspections of each rental property to confirm compliance. submit supporting documentation
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to DEPARTMENT and establish procedures approved by DEPARTMENT to remedy instances o[
noncompliance.
6. TENANT LEASES AND PROTECTIONS
CITY shall require all owners o[ rental property assisted with HOME funds to comply with the
provisions of 24 CFR ~92.253 dated December 16, 1991, or as subsequently amended, which prohibit
certain lease terms and require written tenant selection policies.
7. AFFIRMATIVE MARKETING
CITY shall require owners o[ rental properties assisted with HOME funds to comply with Pinellas
County Consortium's Affirmative Marketing Requirements as prescribed in its Program Description
submitted to and approved by the United States Department o[ Housing and Urban Development
(HUD).
8. RECORDS AND REPORTS
CITY shall retain all records pertaining to all activities conducted under the PROJECT [or a period
of three years after audit and/or resolution o[ audit findings involving this Agreement. These records
sball be made available to COUNTY, HUD and/or representatives o[ tbe Comptroller General of
the United States for audit, inspection or copying purposes during normal business bours.
9. PROGRAM INCOME
All repayment, interest, and other return on the investment o[ HOME funds under PROJECT shall
be remitted to COUNTY through DEPARTMENT, These funds shall be deposited in the HOME
trust fund and made available to the City o[ Clearwater [or eligible HOME activities described in thc
Pinellas County Consortium's Program Description as may be amcndcd from time to time.
10. ADMINISTRATIVE AND PROGRAM REQUIREMENTS
CITY shall comply with applicable uniform administrativc requirements as described at 24 CFR
~92.5()5 dated Deccmbcr 16, 1991, or as subscquently amended. CITY shall carry out each activity
under PROJECT in compliance with all federal laws and rcgulations described in subpart H of 24
CFR ~92 dated December 16, 1991, or liS subsequently amended.
11. RELIGIOUS ORGANIZATIONS
If HOME funds for PROJECT are used to assist any religious organization, CITY shall include the
conditions prescribed in 24 CFR ~92.257 dated Deccmber 16,1991, in its written agreement with such
religious organization.
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12. ENFORCEMENT OF AGREEMENT
CITY shail require ail property owners who receive HOME funds under PROJECT to execute a
Note and Mortgage in favor of CONSORTIUM, The form of Note and Mortgage shail be approved
by DEPARTMENT. The affordability requirements [or rental housing described at 24 CFR *92.252
dated December 16, 1991, or as subsequently amended. shall be cn[orccd by deed restrictions. Resale
restrictions for assisted owner occupied units shall be approved by DEPARTMENT and HUD,
DEPARTMENT shail approve CITY's procedures [or carrying out each activity under PROJECT
prior to disbursing HOME funds to CITY for that activity.
13. ASSIGNMENT OF INTEREST
CITY shall not assign any interest in this Agreement without prior written consent of the COUNTY.
14. HOLD HARMLESS
The CITY and 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 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 which either party may have against any claim or cause of actions
by any person not a party of this AGREEMENT, subj ect to Section 768.28, Florida /J ,
Statu1:es. ~
15. INSURANCE
The CITY sball require of contractor's doing construction/rehabilitation work, liability and builder's
risk insurance coverages with sufficient limits to protect the Pineilas County Consortium's interest
and grant funds invested in the property, and worker's compensations as requircd by law. In cases
of rehabilitation activities, adequate homeowner's insurance coverage will preclude the necessity o[
builder's risk insurance.
16. TERM OF AGREEMENT
This Agreement shail be in effect until all HOME requirements, including the period o[ alTordability
[or assisted units and resale restrictions for owner occupied units have been satisfied. Expenditure
of ail funds for PROJECT does not constitute Cullillmcnt oC CITY's responsibilities under this
Agreement. In the event Agreement is terminated in accordance with paragraph three (3) of this
Agreement, DEPARTMENT shall be responsible Cor insuring that units assisted with HOME Cunds
under PROJECT remain in compliance with applicable HOME regulations. Upon expiration or
termination of Agreement, CITY shall transfer to COUNTY through DEPARTMENT any HOME
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funds on hand and any accounts receivable attributable to the use of HOME funds. Such assets shall
be handled in the manner prescribed for program income in paragraph nine (9) of this Agreement.
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City Clerk
Approved as to form and
correctness-: ,.-
M. A. Galbraith,
City Attorney
Garvey, Mayor-Commi
Tille
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ATTEST:
PINELLAS COUNTY, FLORIDA
a political subdivision by and
through its governing body, the
Board of County Commissioners
KARLEEN F. DeBLAKER, CLERK
Board of County Commissioners
BY:
~ --K ffAA2
Deputy Clerk
BY:'/()~ ()O...u
airman '
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Attachment A
HOME PROGRAM DESCRIPTION
CITY OF CLEARWATER, 1991 - 92
ACTIVITY BUDGET
1. CITY:
1.1 Owner occupied housing rehabilitation
$170,550.
PROGRAM DESCRIPTION
1.1 Owner occupied housing rehabilitation: Funds will be made
available to qualified homeowners city-wide. Owners residing in
the North Greenwood neighborhood will be served through
Clearwater Neighborhood Housing Services for loan initiation,
closing and follow-up. Clients to be served have incomes no
greater than 80% of the areawide median. Homes will be valued
at no more than the FHA 203(b} mortgage limit (currently $80,750
for a single family unit).
Owners will be further qualified based on the percentages of
their monthly income which are currently obligated to housing
expenses and long term debt. HOME assistance in the form of a
no-interest deferred payment mortgage will be provided when the
clients' housing expense is 30% or more of monthly income,
and/or their long-term debt ratio is 3B% or more of monthly
income. Unless there is a conflict with HOME rules, terms and
conditions of this program are to be governed by the city of
Clearwater's existing owner-occupied rehabilitation program. If
a conflict exists, the HOME rules shall govern.
Eligible improvements are those required to meet housing code
and HUD section B Housing Quality Standards. Loan limits are
$20,000. in the North Greenwood neighborhood and $15,000 city-
wide. Emergency funds may only be made available when part of
a larger rehabilitation job.
Loans will be repaid when the property is transferred or sold.
The loan will become due when the owner to whom it was granted
vacates, rents, leases or otherw ise abandons the premises.
Property deeded or willed to a family member (other than a
surviving spouse) may remain under the terms of this mortgage
only if the subsequent owner qualifies as to debt, income, and
occupancy. Repayments will be deposited in the HOME Investment
Trust Fund, maintained by the Consortium.
HOMES. DES