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HomeMy WebLinkAboutSan Diego, County of; 1992-12-16;t . \ ‘ COMMUNITY DEVELOPMENT BLCCK GRANT PROGRAM SEPARATION AGREEMENT WITH METROPOLITAN CITY OF CARLSBAD THIS AGREEMENT entered into between the CITY OF CARLSBAD (hereinafter referred to as llCityl@) and the COUNTY OF SAN DIEGO (hereinafter referred to as "County@l) this day of I 1992. WITNESSETH: WHEREAS, the County of San Diego has entered into contracts with the United States of America through its Department of Housing and Urban Development (HUD) to execute the County's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "Act"); and WHEREAS, on September 18, 1984, the County and the City entered into a Cooperation Agreement for the period of July 1, 1985 through June 30, 1988, in which both parties agreed to cooperate to undertake or assist in the undertaking of community development and housing assistance: and WHEREAS, the County and the City have previously entered into Implementation Agreements (County Contract No's, 15671, 18350, 18542, 20422, 22638, 24439, and 26299) to carry out certain community development activities: and WHEREAS, the City, as of this date, has unexpended and unobligated Community Development Block Grant funds totalling $507,451.55 This amount consists of $33,000 in Contract No. 15671; $22,000 in Contract No. 18350; $79,189 in Contract No 18542; $108,862 in Contract No. 20422; $39,423 in Contract No. 22638: $50,156 in Contract No. 24439; and $60,000 in Contract No. 26299 and unallocated funds of $114,821.55. WHEREAS, the County formerly administered the City's Community Development Block Grant Program through June 30, 1988; and WHEREAS, the City became a Metropolitan City under the Act on July 1, 1988, and is now a Metropolitan City and administers its own Community Development Block Grant Program; and WHEREAS, the City as a Metropolitan City now desires to be separated from the County's program through the transfer of all obligations and responsibilities from County to City of all unallocated funds from the Urban County's Letter of Credit and future program income derived therefrom in accordance with Section 106 (C) (3) of the Housing and Urban Rural Recovery Act of 1983. IT IS AGREED AS FOLLOWS: 1. Community Development Block Grant funds of $507,451.55, which consists of the unobligated funds in Contract No. 15671; Contract No. 18350; Contract No 18542; Contract No. 20422; Contract No. 22638: Contract No. 24439: and Contract No. 26299 and unallocated funds of $114,821.55 shall be transferred from the County to City. This Agreement shall constitute a request to HUD to transfer this amount of Community Development Block Grant funds from the Urban County's Letter of Credit to the City's Letter of Credit as soon as practicable by HUD. 2. City, upon transfer of these funds to the City's Letter of Credit by HUD, shall accept all obligations and responsibilities to HUD for the expenditure of the unobligated funds stated herein. These obligations include, but are not limited to the Housing and Community Development Act of 1974, (Public Law 93-383) as amended; the Regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter VI Part 570 of the Code of Federal Regulations commencing with Section 570.1); and the assurances (HUD Form No. 7068); and any audit/monitoring findings and program reporting. 3. City further agrees to carry out all activities formerly agreed to be carried out by the County, as set forth in the above Contracts Numbers. Said activities to be carried out with the transferred funds which are the subject of the Separation Agreement. Transferred funds may be reallocated by the City to carry out new eligible activities, in accordance with 570.305 and all other applicable requirements. 4. County agrees that it accepts all obligations and responsibilities to HUD for the expenditures and unliquidated obligations associated with the activities listed in the above contracts prior to the effective date of the transfer of funds to City. All audit and monitoring findings associated with those expenditures and obligations remain with County. 5. The City is entitled to any unobligated program income which may result from the activities carried out with these transferred funds. 6. The City agrees to fully indemnify, defend and save harmless the County against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the performance of this Agreement, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the County. 7. This Agreement shall not have any force or effect until approved by HUD. parties have executed this agreement ve written. COUNTY OF SAN DIEGO BY December 22, 1992 Mr. Stan Coombs Community Development Manager County of San Diego Department of Housing and Community Development 3989 Ruffin Road MS 0231 San Diego, CA 92123-1815 Dear Mr. Coombs: RE: Separation Agreement with the County of San Diego for Transfer of CDBG Lump-Sum Drawdown Funds The Carlsbad City Council, at its meeting of December 15, 1992, adopted Resolution No. 92-364, approving a Separation Agreement for Transfer of CDBG Lump-Sum Drawdown Funds. Enclosed is a certified copy of Resolution No. 92-364 and five (5) originals of the above-referenced agreement. &&CM, Assistant City Clerk KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 63