HomeMy WebLinkAbout05.B- City Manager RESOLUTION (ID #3278) DOC ID: 3278
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 06/02/2014
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Prepared by: Georgeann "Gigi" Hanna,
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Enter into the County of San Bernardino Home Investment Partnership
Consortium. (#3278)
Current Business Registration Certificate: No
Financial Impact:
The City receives an average of$1,000,000 dollars of Home Investment Partnership program
funding. After the adoption of this Resoltuion, those HOME funds will be committed to the
County of San Bernardino HOME program consotum. There will be no impact to the General
Fund.
Motion: Adopt the Resolution.
Backl4round:
The HOME Investment Partnerships Program (HOME) provides formula grants to States and
localities that communities use - often in partnership with local nonprofit groups - to fund a wide
range of activities including building, buying, and/or rehabilitating affordable housing for rent or
homeownership or providing direct rental assistance to low-income people. HOME is the largest
Federal block grant to state and local governments designed exclusively to create affordable
housing for low-income households.
HOME funds are awarded annually as formula grants to participating jurisdictions (PJs).The
program's flexibility allows States and local governments to use HOME funds for grants, direct
loans, loan guarantees or other forms of credit enhancements, or rental assistance or security
deposits.
The program was designed to reinforce several important values and principles of community
development:
• HOME's flexibility empowers people and communities to design and implement
strategies tailored to their own needs and priorities.
• HOME's emphasis on consolidated planning expands and strengthens partnerships among
all levels of government and the private sector in the development of affordable housing.
• HOME's technical assistance activities and set-aside for qualified community-based
nonprofit housing groups builds the capacity of these partners.
• HOME's requirement that participating jurisdictions match 25 cents of every dollar in
program funds mobilizes community resources in support of affordable housing.
Updated: 5/27/2014 by Linda Sutherland Packet Pg. 12
3278
HOME Program Consortium
Under the HOME Program of the U.S. Department of Housing and Urban Development (HUD),
local n overnments are able to join together to form a "consortium" in order to receive HOME
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funding for affordable housing. Forming a consortium enables local governments that would not
otherwise qualify for HOME Program funding under the formula criteria to join with other units
of local government to receive a direct allocation of funds. This creates an opportunity for these
jurisdictions to take a more regional, collaborative approach to meeting their affordable housing
needs.
Although a consortium is subject to the same requirements as a local government PJ for purposes
of the HOME Program, a consortium faces a number of challenges that other local PJs do not
face. By definition, a consortium is a collaboration of local government entities-each with its
own bureaucratic structure, elected leadership, and legal requirements. In order to carry out
HOME activities and meet all HOME requirements, the consortium must create and operate as
one new entity that is able to operate efficiently and effectively to assess affordable housing
needs, develop a plan to address those needs,make funding decisions, carry out complex
housing activities, self-monitor progress, account for expenditures, and report to HUD.
HOME Program Consortium Participation
A consortium consists of contiguous units of general local governments that come together to
c7 qualify for a direct allocation of HOME funds from HUD. Presently, the County of San
Bernardino HOME program consortium members consist of:
1) Chino Hills
2) Rancho Cucamonga
3) San Bernardino
4) County of San Bernardino (Lead Agency)
Fiscal Impact
The City receives an average of $1,000,000 dollars of Home Investment Partnership program
funding annually. After the adoption of this Resolution, those HOME funds will be committed
to the County of San Bernardino HOME program consortium. There will be no impact to the
General Fund.
Recommendation
Staff recommends adoption of the attached Resolution.
City Attorney Review:
Supporting Documents:
reso 3278 (PDF)
agnnt 3278 (PDF)
Updated: 5/27/2014 by Linda Sutherland Packet-,Pg. 13
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
3 COUNTY OF SAN BERNARDINO HOME INVESTMENT PARTNERSHIP
4 CONSORTIUM
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager is hereby authorized and directed to execute on
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behalf of said City an agreement with the County of San Bernardino Housing and Community E
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Development Department to enter the San Bernardino Home Investment Partnership Program Q
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11 Consortium. A copy of which is attached hereto marked Exhibit "A" and incorporated herein
12 by reference as fully as though set forth at length. o
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13 SECTION 2. This policy shall take effect immediately upon adoption of this
14 Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO
2 THE COUNTY OF SAN BERNARDINO HOME INVESTMENT PARTNERSHIP
CONSORTIUM
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4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2414, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
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10 BARRIOS a
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11 VALDIVIA 0
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12 SHORETT U
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13 NICKEL o
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JOHNSON
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk N
19 The foregoing resolution is hereby approved this day of , 2014.
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22 R. Carey Davis, Mayor
City of San Bernardino
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Approved as to form:
24 Gary D. Saenz, City Attorney
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26 By.
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SAN BERNARDINO COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
For Federal Fiscal Years 2015-2017 and Subsequent Automatic
Renewals Unless Terminated
This Agreement is made by and between the City of Chino Hills, City of Rancho
Cucamonga, and the City of San Bernardino (hereinafter called "CITIES") and the County of
San Bernardino (hereinafter called "COUNTY").
WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez
National Affordable Housing Act, as amended (42 U.S.C. 12701 et seq.) and Federal E
Regulations have been adopted pursuant thereto, (hereinafter called the "ACT"); and,
WHEREAS, Title 11 of the ACT creates the HOME Investment Partnerships Program, E
(hereinafter called "HOME"), that provides funds to states and local governments for the '
acquisition, refinance, rehabilitation, and new construction of affordable housing and tenant- o
based rental assistance; and, s
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WHEREAS, the ACT requires local governments to formulate and submit a Consolidated
Plan, (hereinafter called "Con-Plan"), as part of the eligibility requirements for HOME funds in o
accordance with section 91.215 of the Consolidated Plan final rule; and, _
WHEREAS, funds from Title 11 are distributed to metropolitan cities, urban counties, 0
states, and consortia of local governments; and,
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WHEREAS, the ACT allows local governments to form a consortia for the purpose of M
receiving and administering HOME funds and carrying out purposes of the ACT; and, 00
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WHEREAS, the ACT requires that a local government member of an urban county may
participate in a consortium only through the urban county; and, E
WHEREAS, the ACT requires that a consortium shall have one member unit of general
local government authorized to act in a representative capacity as a Lead Entity for all members E
for the purposes of the ACT, has the sufficient legal authority and administrative capacity to
carry out the purposes of the HOME program on behalf of its members, and assumes overall 1°
responsibility for ensuring that the consortium's HOME Program is carried out in compliance Q
with the ACT, including requirements concerning the Con-Plan; and,
WHEREAS, the HOME Consortium members are the cities of Chino Hills, Rancho
Cucamonga, San Bernardino, and the County of San Bernardino, which also includes twelve
(12) additional non-entitlement cities identified as participating units of local government under
the Community Development Block Grant program, and all members agree to collaborate on
approaches to local and regional housing needs; and,
WHEREAS, COUNTY and CITIES desire this Cooperation Agreement to automatically
renew for a new three (3)-year term each time COUNTY re-qualifies as a HOME Consortium,
which is every three (3) years, until such time as the City Council for any City or the Board of
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low Supervisors on behalf of COUNTY elects to terminate this Agreement under the requirements
for termination described herein; and,
WHEREAS, federal fiscal years 2015 through 2017 represent the initial three-year
qualification period, which begins October 1, 2014 and ends September 30, 2017. Funds
awarded by HUD during this three-year qualification period will be allocated during the County's
HOME Program fiscal years 2015-16 through 2017-18, which begin July 1, 2015 and end June
30, 2018.
WHEREAS, in order for the automatic renewal provisions of this Agreement to be
approved by HUD, HUD requires this provision to be stipulated as part of the Agreement and
submitted to HUD only at the conclusion of the preceding three-year qualification period, to be
applicable for a subsequent three-year period, and this requirement is met and evidenced by the
timing of this Agreement; and,
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WHEREAS, HUD establishes deadlines for notification of participation in the HOME L
Consortium by COUNTY to HUD, COUNTY to CITIES, and CITIES to COUNTY, as to whether a
participation is planned for the upcoming three-year qualification period; and,
WHEREAS, a resolution has been adopted by each participating City authorizing and
approving this Agreement, inclusive of the automatic renewal provisions for successive three-year
qualification periods as summarized herein according to HUD Regulation. U
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NOW THEREFORE, it is agreed that:
1. CITIES and COUNTY will cooperate in the forming of the County of San Bernardino
HOME Consortium, (hereinafter called the "HOME CONSORTIUM" or"CONSORTIUM"), for the
purpose of undertaking or assisting in undertaking, HOME-eligible housing assistance activities N
pursuant to Title 11 of the ACT, including but not limited to acquiring, rehabilitating, and C
constructing affordable housing. 00
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2. COUNTY shall act as the Lead Entity of the CONSORTIUM for purposes of the ACT and E
assume overall responsibility for ensuring that the CONSORTIUM's HOME Program is carried a,
out in compliance with the requirements of the Program, including requirements concerning a w
Con-Plan. c
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3. CITIES shall provide to COUNTY in a timely manner, all necessary information and
documentation as requested by COUNTY for incorporation into COUNTY's Con-Plan in Q
compliance with Program Requirements.
4. CITIES shall have thirty (30) calendar days from receipt of draft from COUNTY to review
and approve those portions of the Con-Plan which pertain to the City before COUNTY submits
the final Con-Plan to the U.S. Department of Housing and Urban Development (HUD).
COUNTY shall incorporate submitted changes in Con-Plan, if any, provided they meet HOME
Requirements. CITIES shall identify any areas designated for affordable housing activities
within their jurisdiction. CITIES shall provide maps and/or detailed descriptions of such areas
upon execution of this document.
5. CITIES shall provide a letter of support from City Manager for each project funded with
competitive HOME funds within their boundaries prior to COUNTY approving funding of such
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projects, provided that any City-prescribed conditions surrounding said support do not obstruct
the implementation of the approved Con-Plan.
6. CITIES shall designate the City Administrator, City Manager or his/her designee ("City
Representative") to whom all notices and communications from COUNTY shall be directed.
COUNTY's duty to notify CITIES shall be complete when the communication is sent to the
designated City Representative. It is the exclusive duty of the City Representative to notify the
appropriate individuals and departments within the City.
7. In order to carry out activities under this Agreement, COUNTY shall allocate HOME
funds received under the ACT to those HOME activities described in the COUNTY's Con-Plan.
If necessary to meet HOME Requirements, funds will be reallocated by COUNTY in accordance
with such needs, objectives, or strategies as COUNTY shall decide.
8. CITIES shall contribute a minimum twenty-five percent (25%) funding match contribution E
from any HOME-eligible match source for each project located within its jurisdiction designated
to receive HOME funds. a
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9. COUNTY and CITIES shall comply with all applicable requirements of the ACT and its
regulations in utilizing basic grant funds under the ACT and shall take all actions necessary to
assure compliance with COUNTY certifications required by the ACT. COUNTY and CITIES will o
comply with the provisions of the National Environmental Policy Act of 1969, Uniform v
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Section 3 of the o
Housing and Urban Development Act of 1968, Title VI and ViI of the Civil Rights Act of 1964, _
Title Vill of the Civil Rights Act of 1968, Executive Order 11988, the California Fair Employment
and Housing Act (FEHA), including any amendments, and other applicable federal laws. o
CITIES agree that HOME funding for activities in, or in support of, City is prohibited if City does
not take action or participate in programs that affirmatively further fair housing within their own 00
jurisdiction or impede COUNTY actions to comply with its fair housing certification. CITIES may
be required to demonstrate how they comply with the fair housing requirement.
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Furthermore, CITIES hereby covenant by and for themselves, their successors and co
assigns, and all persons claiming under or through them that there shall be no discrimination E
against or segregation of any person or group of persons on account of race, color, religion, sex,
marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of any Project funded by HOME funds, nor shall a
City itself or any person claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sub lessees, or vendees in any Project funded as a
result of this Agreement.
CITIES shall refrain from restricting the rental, sale or lease of any Project funded as a
result of this Agreement on the basis of race, color, creed, religion, sex, marital status, familial
status, disability, national origin or ancestry of any person.
CITIES shall implement and follow federal requirements for proposed HOME projects when
approving entitlements, including, but not limited to, regulations related to environmental and
historic preservation, and lead-based paint.
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10. CITIES shall provide COUNTY with all information concerning City and any activities
City carries out under this Agreement for which COUNTY is required to prepare: 1) documents
required to be submitted to HUD, 2) annual HOME Performance Report, and 3) such other
documents as HUD may require in order to carry out eligible housing activities and/or meet
federal requirements.
11. This Agreement shall automatically be renewed for the CONSORTIUM's participation in
successive qualification periods of three federal fiscal years each. No later than the date
specified by HUD's consortia designation notice or HOME Consortia web page, COUNTY shall
notify each CONSORTIUM Member in writing of its right to decide not to participate in the
CONSORTIUM for the next qualification period and COUNTY shall send a copy of each
notification to the HUD Field Office.
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If a CONSORTIUM Member decides not to participate in the CONSORTIUM for the next
qualification period, the CONSORTIUM Member shall notify COUNTY, and COUNTY shall
notify the HUD Field Office, before the beginning of the new qualification period.
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Before the beginning of each new qualification period, COUNTY shall submit to the HUD Field E
Office a statement of whether or not any amendments have been made to this agreement, a
copy of each amendment to this agreement, and, if the CONSORTIUM's membership has
changed, the state certification required under 24 C.F.R. § 92.101(a)(2)(i). The CONSORTIUM 0
shall adopt any amendments to this agreement that are necessary to meet HUD requirements w
for CONSORTIUM agreements in successive qualification periods, by the date indicated in the o
Notification Deadlines table below. _
The automatic renewal of this Agreement will be void if COUNTY fails to notify a CONSORTIUM o
member or the HUD field office as required under this automatic renewal provision or COUNTY v
fails to submit a copy of each amendment to this Agreement as required under this automatic
renewal provision. N
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The first three-year term under this agreement will begin with federal fiscal year 2014-15 and
end with federal fiscal year 2016-17 (October 1, 2014 through September 30, 2017). The first of M
the automatic three-year term renewals will occur at the beginning of federal fiscal year 2017-18 E
(October 1, 2017) and every three (3) years thereafter or until such time as the respective City
Council for any City, or the Board of Supervisors on behalf of the COUNTY, elects to terminate
their participation in the Agreement at the conclusion of a qualification period.
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Initial Three-Year Term and Expenditure Dates .2
Qualification Period - Federal Fiscal Years County Program Expenditure Years
2015 10/1/2014—9/30/2015 7/1/2015— 6/30/2016
2016 10/1/2015— 9/30/2016 7/1/2016— 6/3012017
2017 10/1/2016— 9/30/2017 7/1/2017— 6/30/2018
As part of the Renewal of Qualification Period process the COUNTY will notify CITIES via a letter,
that CITIES have the ability to terminate this Agreement and not be included as part of the
submission by COUNTY to HUD for re-qualifying as a HOME CONSORTIUM for the subsequent
three (3)-year qualification period. CITIES agree to send a response letter to COUNTY stating their
intentions to either continue to be a part of the HOME CONSORTIUM or to elect to terminate this
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Agreement and not be a part of the COUNTY's upcoming submission to HUD to re-qualify as a
HOME CONSORTIUM for the subsequent three (3)-year period.
Notification Deadlines for Participation in Subsequent Qualification Periods
January 15 County notifies Cities of option to withdraw from Consortium
March 15 Cities notify County of intention to participate or withdraw from Consortium
June 30 County submits required documentation, including amended agreement if
applicable, for Field Office review
12. All HOME Program Income, as defined by HUD in HOME Regulations, shall be kept for use
by COUNTY HOME CONSORTIUM for administrative functions and future allocation.
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13. The COUNTY and CITIES, in conjunction with approval of this Agreement, have each 2
adopted a resolution approving the City as being a part of the COUNTY HOME CONSORTIUM. Q
Said resolutions will be sent to HUD as attachments to this Agreement immediately after E
Agreement has been approved. CITIES acknowledge that renewal of this Agreement will be
automatic unless notification in writing has been made to the COUNTY of the intent to be excluded
from the subsequent three-year qualification period.
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14. Pursuant to California Government Code Section 895.4, CITIES shall defend, indemnify 2
and hold harmless COUNTY, its officers, employees, and agents from all claims, suits, actions
or losses of any type, and from liability for any fines, penalties or damages of any type,
(including, but not limited to, a repayment of funds to HUD) resulting from City's performance of
this Agreement and caused by any act or omission of City, including failure to comply with any i°
requirement of the ACT or the HOME Program described herein except to the extent that any
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such claims, suits, actions, losses, or liability arises from any act or omission of COUNTY. N
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Pursuant to California Government Code Section 895.4, COUNTY shall defend, indemnify and 00
hold harmless CITIES, their officers, employees, and agents from all claims, suits, actions or
losses of any type, and from liability for all fines, penalties or damages of any type, (including,
but not limited to, a repayment of funds to HUD) resulting from COUNTY's performance of this 0
Agreement and caused by any act or omission of COUNTY, including failure to comply with any
requirement of the ACT or the HOME Program described herein, except to the extent that any
such claims, suits, actions, losses, or liability arises from any act or omission of CITIES. E
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15. This Agreement shall go into effect immediately upon execution by the COUNTY, and
shall continue in full force and effect until all HOME funds received during each of the federal
fiscal years of the qualification period are expended on eligible activities, or returned to HUD.
The terms of this Agreement shall continue until expenditure of all funds on eligible activities or
the return of funds to HUD, even if the three-year qualification period for a specific allocation of
funds has ended.
16. This Agreement authorizes the COUNTY, as the lead entity, to amend the
CONSORTIUM Agreement on behalf of the entire CONSORTIUM to add new members at any
time as approved by HUD. Any other amendments to this Agreement must be made in writing
and approved by all parties. No amendment is necessary when one or more members elect to
withdraw at the conclusion of a three-year qualification period as described in Section 11.
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L 17. Notices.at ces. Any notice requirement set forth herein shah be deemed to be satisfied five (5)
days after mailing of the notice first-class, postage prepaid, addressed to the appropriate party as
follows:
CITY: City of Chino Hills
2001 Grand Avenue
Chino Hills, CA 91709-4869
Attn: City Manager
CITY: City of Rancho Cucamonga
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P.O. Box 807
Rancho Cucamonga, CA 91729 a
Attn: City Manager d
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CITY: City of San Bernardino E
300 North "D" Street
San Bernardino, CA 92418 0
Attn: City Manager o
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COUNTY: County of San Bernardino
Department of Community Development and Housing =
385 Arrowhead Ave Third Floor
San Bernardino, CA 92415-0043
Attn: Director 0
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Such addresses may be changed by notice to the other party given in the same manner as N
provided above.
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18. In the event CITIES fail to satisfy any of the requirements herein, COUNTY shall provide M
a Notice of Default ("Notice of Default") describing the default and an opportunity to cure within E
thirty (30) days of receipt of the Notice of Default. If the default is not cured within that period or
if the commencement of a cure of the Default has not occurred and is not being diligently
prosecuted, COUNTY may employ any remedy legally available, including but not limited to,
rejection of any proposed projects within the jurisdiction of said City, and termination of the E
City's participation in the CONSORTIUM at the conclusion of the existing three-year term.
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SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
19. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga,
the City of Rialto, and the City of San Bernardino may be executed in any number of
counterparts with the same effect as if all signatories had signed the same document. All
counterparts must be construed together to constitute one (1) instrument.
I IN WITNESS WHEREOF, the parties have caused this Agreement to be executed �.
below. _
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COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS
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Janice Rutherford, Chair
City Manager 0 0
Board of Supervisors
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Date: Date: o
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SIGNED AND CERTIFIED THAT o
A COPY OF THIS DOCUMENT
Attest:
HAS BEEN DELIVERED TO THE r-
CHAIRMAN OF THE BOARD M
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LAURA H. WELCH, Clerk of the Board of M
Supervisors City Clerk
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By: Date:
Deputy E
Date: r
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Approved as to Legal Form:
JEAN-RENE BASLE, County Counsel APPROVED AS TO FORM:
San Bernardino County, California
By:
Michelle Blakemore, City Attorney
Chief Assistant County Counsel
Date: Date:
Page 7 of 9 Packet Pg.22
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
21. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga,
the City of Rialto, and the City of San Bernardino may be executed in any number of
counterparts with the same effect as if all signatories had signed the same document. All
counterparts must be construed together to constitute one (1) instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed w
below.
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COUNTY OF SAN BERNARDINO d
CITY OF RANCHO CUCAMONGA a
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Janice Rutherford, Chairman o
Board of Supervisors City Manager
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Date: o
Date:
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SIGNED AND CERTIFIED THAT 0
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO THE Attest:
CHAIRMAN OF THE BOARD M
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LAURA H. WELCH, Clerk of the Board of M
Supervisors
City Clerk
By: c
Deputy Date: E
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Date:
Approved as to Legal Form:
JEAN-RENE BASLE, County Counsel
San Bernardino County, California APPROVED AS TO FORM:
By:
Michelle Blakemore,
Chief Assistant County Counsel City Attorney
Date:
Date:
SAN BERNARDINO COUNTY
Page 8 of 9 Packet Pg.23
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
21. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga,
the City of Rialto, and the City of San Bernardino may be executed in any number of
counterparts with the same effect as if all signatories had signed the same document. All
counterparts must be construed together to constitute one (1) instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
below,
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COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
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Janice Rutherford, Chairman City Manager o
Board of Supervisors U
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Date: Date: 0
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SIGNED AND CERTIFIED THAT 0
A COPY OF THIS DOCUMENT Attest:
HAS BEEN DELIVERED TO THE N
CHAIRMAN OF THE BOARD
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LAURA H. WELCH, Clerk of the Board of M
Supervisors City Clerk
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By: Date:
Deputy E
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Date: Q
Approved as to Legal Form:
JEAN-RENE BASLE, County Counsel APPROVED AS TO FORM:
San Bernardino County, California
By:
Michelle Blakemore, C' tt ney
Chief Assistant County Counsel
Date: Date: 616-7711
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