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Home My WebLink AboutURA RES 2016-37 RESO' ,.JTION- NO.2016-'3-1— 4 "WAL AGENCY jrr F., (".ALDWELL, URBAN R.'ENTJ A RESOLL 10N OF TH -1i -MENI' AN'D WRITTEN ,rl,, AU,ri-IORIZING "HIE f'jXECLJ I IONOF THE GRANI" AGREE ,r Urrij ANG $45,0001. COMMI'TMEN r W1,17H CALDWELL 110'USING, A 'OR11"Y TOTAI BEIT HEREBY R,ESOLV1;`J'D by the Caldwell Agency authorizing the execution of-the (3,rant Agreernent and Wn'tten C,onimitinent with the Caldwell Housing Authority made a part hereo:f CaLS, Set fiorthin full. PASSED BY 'YHE CAI,,jDWEI.,jL L[RBAN RFN'F-'JW'A.L A(,,,`4vENCY th,is 12th day of September, 2 016. APPROVED ,B'V TIM, MAYOR,ot"the City o17 Caldwell, ldc,'11-io this 12"",day (,-.,)f September., 2016. AM) OVED. -41AIRMAN A, l."',S, wm f. CITY'0 010 SECRETARY y: f RESOLUTION NO.20U$-_3_j Page I m;a�:, , � �-*«a a>»®` . � tI� .� C� �� , � �� \#a#¥¥y�\a '� � . . ¥¥� ��\• . � \` - <° k� z ��2 �« � .� � - . ¥� , a a �/ + � `�\ # 2 ` ® _ ' $\» , $ ~ ® �. , ¥ � \ \ � t � / ¥\� 4 /I �: &«_ � . k � �- + � � �.�^2 � `� :/- ƒ �\ �^� .�¥:y%ar�¥\,��/� RESOLUTION NO. 2016- Urban Renewal Agency of the City of Caldwell, Idaho Grant Agreement and Written Commitment THIS AGREEMENT and COMMITMENT is made as of the 12th day of September, 2016, by and between The Urban Renewal Agency of the City of Caldwell, Idaho, sometimes referred to as the Caldwell East Urban Renewal Agency, hereinafter referred to as "URA," and Caldwell Housing Authority, a political corporation appointed by the City of Caldwell in 1946 and authorized to do business in the State of Idaho under Idaho Code Title 50, Section 19, hereinafter referred to as"CHA,"of 22730 Farrnway Road, Caldwell, Idaho 83607. A. WHEREAS, The Urban Renewal Agency of the City of Caldwell, Idaho ("Agency") is an urban renewal agency of the State of Idaho duly established pursuant to the Idaho Urban Renewal Law of 1965, Idaho Code § 50-2001, et seq.; and B. WHEREAS, Pursuant to Idaho Code § 50-2008, Agency has prepared a Plan ("Plan")for the renewal of the Caldwell East Urban Renewal Area("Area"); and C. WHEREAS, The Caldwell City Council adopted and approved the Plan in accordance with Idaho law by enactment of Ordinance No. 2260 on December 21, 1998 and has similarly adopted by ordinance in accordance with Idaho law every amendment thereto; and D. WHEREAS, The Plan, as has from time to time been amended, is advanced by the use of revenue allocation funding for public or private infrastructure improvements, the improvement of deteriorated buildings and sites, and the removal of conditions that result in economic underdevelopment in downtown Caldwell, Idaho; and E. WHEREAS, The Plan, as has from time to time been amended, is advanced by promoting housing rehabilitation through partnerships with Caldwell Housing Authority; and F. WHEREAS, URA has determined that offering financial incentives for low income housing rehabilitation and construction furthers the objectives and goals of the Plan; and G. WHEREAS, URA has been informed by CHA of its housing rehabilitation project know as"The Denver Street Project"; and H. WHEREAS, CHA has been determined to be eligible to receive a Grant from the URA for certain eligible project costs related to the preparation of concrete foundations and structural framing for up to three residences involved in the"The Denver Street Project"; and I. WHEREAS, URA finds and declares that it is consistent with and furthers the objectives and goals of the Plan to award a Grant to CHA pursuant to the terms of the Proposal and this Agreement. Grant Agreement and Written Commitment,Page 1 NOW, THEREFORE, In consideration of the Grant to CHA described in this Agreement, CHA binds and obligates itself to the following terms,provisions and conditions: 1. GRANT: URA by this Agreement approves a grant award to CHA in an amount of$15,000 per residential unit, for costs and expenses related to the preparation of concrete foundations and structural framing for up to three (3) residences located in "The Denver Street Project," said costs being eligible projects costs as defined in Idaho Code § 50-2901(14). The total grant award shall not exceed $45,000.04. Additional detail pertaining to the total estimated costs and expenses for said work is set forth more particularly in Exhibit "A," attached hereto. Payments shall be sent to: The Caldwell Housing Authority 22730 Farmway Road Caldwell, Idaho 83607 2. THE PROPOSAL: CHA has submitted a proposal for the grant awarded by this Agreement, which proposal outlines an intention to make certain capital improvements to three properties on Denver Street in Caldwell, Idaho. Such capital improvements include the preparation of concrete foundations and structural framing for three (3) residences in "The Denver Street Project," among other improvements. Any changes in the Project will require the prior written approval of URA. 3. GRANT CONDITIONS: a. Use of Funds. CHA will only use grant funds for reimbursement of expenses incurred in furtherance of the Project and in accordance with the Project terms. b. Compliance Inspections: Observation and inspection visits by URA or the City of Caldwell ("CITY") will be scheduled with the prior approval of CHA, which shall not be unreasonably withheld or delayed. CHA shall not be responsible for any expenses associated with such visits. C. Repayment of Unused or Improperly Used Funds. CHA will repay any portion of the grant funds not used for the purposes of the Project or in compliance with the Project terms when it becomes apparent to CHA that such funds exist or within 30 days after notification by URA. d. j Proect Coordinator. CHA hereby designates as Project Coordinator for the Project and grant compliance required by this Agreement and the Project terms. The Project Coordinator shall direct the Project and control the manner of its Grant Agreement and Written Commitment,Page 2 performance. In the event the Project Coordinator is no longer employed by CHA, or becomes unable or unwilling to complete the Project for any reason, CHA shall, within ten (10) days, notify URA in writing of such event and propose a substitute Project Coordinator. URA shall have the option of(i)accepting the substitute Project Coordinator; or(ii)terminating the grant. e. Reports. CHA will submit a final report of costs paid by this grant within f o days of project completion. CHA shall certify that the objectives and terms of the Grant have been met. f. Accounts and Recordkeeping. CHA shall maintain books and records regarding the Project and the grant funds and make them available for inspection by URA upon request, subject to any limitations imposed by applicable law. CHA shall maintain copies of any records and reports under the grant for a period of at least five(5) years after the grant period ends. g. Warranties and Representations. In order to induce URA to make the grant described in this Agreement, CHA represents and warrants to URA that: i. This grant Agreement is the legal and binding obligation of CHA, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency, or other applicable laws. ii. The Project and the use of funds will comply with the objectives set forth in documents expressing the Project terms, as well as all applicable laws, rules and regulations to which CHA is subject. iii. There is no fact known to CHA or its agents or employees which would materially affect URA's decision to provide funding under this grant Agreement which has not been disclosed to URA.. iv. CHA shall maintain insurance with responsible and reputable companies in such amounts and covering such risks as is prudent and is usually carried by entities engaged in operations similar to that of CHA. CHA shall furnish URA with evidence of compliance upon URA's request. To the extent permitted by law, CHA hereby agrees to indemnify, defend and hold harmless URA from and against any and all losses, expenses, costs, obligations, liabilities and damages, including interest,penalties and reasonable attorney's fees and expenses,that URA may incur as a result of any negligent or willful acts or omissions of CHA or any of its agents or employees. h. UR,4 Compliance. The parties agree and acknowledge that the foregoing conditions comply with URA's obligations under applicable law to make reasonable efforts and Grant Agreement and Written Commitment,Page 3 establish adequate procedures to see that the funds are spent solely for the purpose for which they were provided and to obtain full and complete records on how grant funds have been expended. Changes in applicable law, regulations or rules, may require URA to request more detailed reports or employ additional measures to monitor the administration of this grant. CHA agrees to comply with any such changes upon reasonable notice. 4. MISCELLANEOUS: a. No Implied Waiver. No failure to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver against URA, nor shall any single or partial exercise of a right preclude any other or further exercise thereof or the exercise of any-other associated or alternate right. b. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho. C. Severability. In the event that any provision or any part of a provision of this Agreement shall be finally determined to be superseded, invalid, illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of provisions hereof, which shall remain in full force and effect as if the unenforceable provision or pat were deleted. d. Entire Agreement. This Agreement, together with the documents referred to herein, constitutes the entire agreement between the parties hereto. No oral representations or other agreements have been made by the parties except as stated herein. This Agreement may not be changed in any way except as herein provided, and no term or provision hereof may be waived except in writing signed by a duly authorized officer or agent. e. Verification and Warranty. CHA acknowledges and represents to URA that the Proposal, and all statements therein, were true, accurate and complete, and remain true, accurate, and complete. CHA acknowledges that URA has relied on such statements in deciding to award a grant by the Agreement. f. Paragraph Headings and Titles. The title of any paragraph of this Agreement is for convenience only and shall not be deemed to limit, restrict or alter the content, meaning or effect thereof. g. Publicity. No press releases or publicity will be issued or conducted regarding the Project without obtaining URA's comments and prior written approval thereof. Grant Agreement and Written Commitment,Page 4 h. CHA warrants and represents „. „» all of its ernployees, are treated equally durifig employment without regard, to race, 1. , religion, disability,, sex,, age, natlolial orig,1111, ance-,,,stry, triarital SuAttis.', or sexual orientation. L, Allorneys Fees. If any legal. .action or other proceedings is brought 1`6'r the enf6rcernent, of this Agreenient, or because of 1�111 alleged diSpUte, breach, default or 'Lil, or 1"I'lisre-Presentabon in c onnection with any proVrisio�ns of this Agreement, the SLICcessf prevai I party or parfies, shall as be entitled to recover reollable attorney's t court lees cou costs, and all expe.n.ses (Inc],Ud Ing taxes) even 'if flot taxtable as court co�sts, (1nclu,d,j_j,,Ig,, WrIthOLIt limitcation, all such fees., cos,ts and expenses, i,nc,1dent to appeals), inct,irred, In. that action or proceed,in gs 111 addition to any other rellef to whIcti, such party or pzirties rnay be entitled. Nol-11ces. All notices, dernands, or other writings required to 'be gwen or niade or serit in this Agreernent, or whI',c'h may be gveo ,de ei',t I'ier p y to the other, shall art be deetn,ed to have been, f,1ifly, givert when (I personally, delivered, (2) sent by ceilified States mall, return receipt requested, or (3) sent by Federal Express, of-other equivalelit overnight, letter defivery tothe -t`ollowing C-Iddress or such. other addreSses as may be provided by the parties in writing-., LJrban Renewal Agency, ofthe(.711ty,of Caldwell 411, Blaine S. . Caldwell, Idaho 836,05 Caldwell 1.lousing Authority 22730 Farmway Road Caldwell", ID 83607 IN Wl"I'NESS WHEREOF, the parties have set their hands and sealS CaS of the date(s) written below'. ("I'ALDWELL U'RBAN R,ENE'WAI.,j A(,'1"ENCV C Date- Signature: , 10, 1 Nanie y: 3 - ' Title �rl"1111111'11 S1 1,11 �CIT'Yo Caldwell [Jrban Renewal A�11111 -'IICY -%wal A ncy 0 I Secretary U 01 ICA io lv Grant Agreement and Written Commitment,Pa,ge 5 n�y Q�a s Yt r e Ojd _ 1 . CALDWELL HOUSING AUTHORITY Signature. � Date. By: Name: Title Grant Agreement and Written Commitment,Page 6