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HomeMy WebLinkAbout; The Training, Education and Research Institute; 2008-0611615; Affordable Housing Agreement/ReleaseRscosdwS Elsqseat Of FIDELITY NATIONAL TITLE RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, Ca. 92008 8501 DOC# 2008-0611615 NOV 26, 2008 3:23 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 F! Y J. S MIT H. CO U N TY R E CO R D E R FEES: 000 PAGES: (Space above for Recorder's Use) 15 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE TRAINING, EDUCATION AND RESEARCH INSTITUTE FOR 2008-2009 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this w day of / 2008, ("this Agreement") by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and the TRAINING, EDUCATION AND RESEARCH INSTITUTE, a non-profit corporatiori*("TERI"), hereinafter referred to as "Subrecipient". ^T.£.£.£- )>°c .RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City wishes to provide assistance to non-profit public service providers who offer services for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for lower income persons with some assistance from the City; and, WHEREAS, the City has determined that the activity proposed by Subrecipient is exempt from environmental review under 24 CFR Section 58.34(a)(12); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). and, WHEREAS, HUD means the U.S. Department of Housing and Urban Development; WHEREAS, HUD Capital Advance Documents" means the HUD Note, HUD Deed of City Attorney Approved: 10/31708 8502 Trust, HUD Capital Advance Agreement, HUD Regulatory Agreement, HUD Use Agreement and Project Rental Assistance Contract under HUD Section 811 be between HUD and Subrecipient; and, WHEREAS, HUD Section 811 Program" means Section 811 of the Affordable Housing Act, as it now exists and as it may be amended from time to time, and implementing regulations. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2008-2009 federal Community Development Block Grant ("CDBG") funds, in the amount of seven hundred ninety-five thousand dollars ($795,000), to the Subrecipient for the acquisition of residential property for a group home in Carlsbad to serve persons with autism or developmental disabilities. This funding shall be provided in the form of a no interest, deferred, and forgivable loan to the Training, Education and Research Institute. The purpose of the loan is to provide funds to be used specifically for costs related to the acquisition of residential property in Carlsbad during the period beginning July 1, 2008 and ending June 30, 2009. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 2009. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project. The City may agree to grant the extension or notify the Subrecipient that in its sole discretion the funds must be reallocated to another eligible activity due to slow project progress. During the term of the HUD Capital Advance Documents, the City shall be deemed to automatically grant any such extension. 2. TERM OF LOAN The term of this loan shall be for a period of twenty (20) years. The twenty year term of the loan shall commence on the date the Promissory Note is executed and recorded and expire twenty (20) years after the date of this agreement. Subrecipient acknowledges that the subject loan is given in connection with the acquisition of residential property for a group home only. The loan is not assumable by transferees of the property unless prior written approval is granted by the City Council. The loan shall be due and payable in full upon 1) the date the property is first sold or transferred, or, 2) upon failure of Subrecipient to operate a group home on the property, if they occur prior to the expiration of the term of the loan. The loan shall be forgivable upon expiration of the term of the loan if the property has been maintained and operated as a group home City Attorney Approved: 10/31708 8503 consistent with the conditions as set forth within this Agreement and Residual Receipts Note. During the term of the HUD Capital Advance Documents, Subrecipient shall be allowed to transfer or assign the property to HUD or HUD's designee without the loan becoming due and payable or a claim of default or breach. Also, during the term of the HUD Capital Advance Documents, Subrecipient may transfer up to a forty-nine percent (49%) interest in itself to another entity without the loan becoming due and payable. 3. DISBURSEMENT OF FUNDS The City shall deposit CDBG funds into an escrow account for necessary and reasonable costs related to the acquisition of residential property in Carlsbad for a group home for persons with autism or developmental disabilities. The necessary and reasonable costs shall not exceed a total of $795,000. Deposit of funds into the escrow account shall not be made until all of the following conditions are completed to the satisfaction of the City's Housing and Redevelopment Director: a. Subrecipient shall submit a Voluntary Acquisition Notice to the owner of the property proposed for acquisition with registered receipt and certification of delivery documentation. The Notice shall be provided by the City in a form in compliance with federal relocation guidelines. Subrecipient is responsible for ensuring that the property acquisition meets all federal and state relocation requirements. Any residential structure on property to be acquired shall be owner occupied or vacant. b. Subrecipient shall submit to City an appraisal of the property proposed for acquisition, with an option or agreement to purchase the property. The option or agreement to purchase the property must be equal to the appraised value of the property, or documentation must be submitted to justify why the proposed purchase price is higher or lower than the appraised value. c. Subrecipient shall provide construction estimates or other information deemed by City to be necessary to document that Subrecipient will be providing matching funds of one dollar for every two dollars of CDBG funding to be used on acquiring and improving the property for residential group home purposes. Such matching funds may be from either Subrecipient or HUD and the documentation requirement of this section may be satisfied by Subrecipient providing the City with a copy of the HUD Fund Reservation Letter or other documentation which demonstrates that such matching fund requirement has been met by the Subrecipient. d. Subrecipient shall execute and deliver to the City a Deed of Trust and Security Agreement and Promissory Note, and any other documents and instruments required to be executed and delivered to secure said loan, all in form and substance satisfactory to the City Attorney for the City of Carlsbad. The Deed of Trust to secure the loan shall be recorded against Subrecipient's fee interest in the Land described herein. Upon completing the foregoing conditions, the City shall deposit all of the CDBG funds into an escrow account in accordance with Subrecipient's instruction within ten (10) working days of such instruction. City Attorney Approved: 10/31708 8504 Upon completing the above conditions to the satisfaction of the Housing and Redevelopment Director, the Subrecipient may submit a request for the deposit of CDBG funds into an escrow account to acquire the proposed property anytime after this agreement is approved and shall include documentation to verify costs or expenditure of funds is consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Buyer's Estimated Settlement Statement, construction estimates, receipts, and paid invoices including an itemized statement of all costs are samples of appropriate methods of documentation. 4. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. All reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in 24 CFR Section 570.504 which is incorporated herein by reference. All CDBG funds shall be disbursed to Subrecipient prior to HUD being required to disburse HUD Section 811 Capital Advance Funds to Subrecipient. 5. LABOR. MATERIALS AND SUPPLIES: The Subrecipient or its agents, contractors, subcontractors, management agent or other designees of Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to provide the subject program as outlined in this Agreement. Under this Agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $795,000 maximum as allocated by the City Council for program year 2008-2009. 6. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Section 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with 24 CFR Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in 24 CFR Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity City Attorney Approved: 10/31/08 8505 components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Section 570.502, and OMB (the United States Office of Management and Budget) Circular A-110; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The reports must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. Total number of persons/households participating in the program during reported period; b. Total number of participants from Carlsbad; c. Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; d. Age and ethnic background of Carlsbad participants; and, e. Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and a description of the service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient which directly pertain to the above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. All records subject to litigation, claims, audit findings, negotiations, or other actions must be retained for five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and verified by official written notice to the Subrecipient, whichever occurs later. . If the Subrecipient shall receive more than $300,000 in total federal funds in one City Attorney Approved: 10/31/08 8506 fiscal year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the Agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under the fiscal year beginning July 1, 2009 and ending June 30, 2010 for any funds received in fiscal year 2009-2010 per this Agreement. During the term of the HUD Capital Advance Documents, compliance with the records and reporting requirements of the HUD Section 811 Program shall be deemed compliance with this Section 6. In the event that a program requirement of the HUD Section 811 Program conflicts with a program requirement of the CDBG Program, such conflict shall be submitted to HUD for determination. Subrecipient shall provide the City with a copy of all such documentation annually. 7. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement on file at the Housing and Redevelopment Department and with assurances and agreements made, by the City to the United States Department of Housing and Urban Development of which the Subrecipient is given notice. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in 24 CFR Section 570.502, the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this Agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in 24 CFR Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 CFR Section 52. The provisions of Subpart K, of the CDBG Program Regulations, incorporated herein by reference, are a condition of this Agreement. During the term of the HUD Capital Advance Documents, compliance with the program requirements of the HUD Section 811 Program shall be deemed compliance with this Section 7 of the Agreement. In the event that a program requirement of the HUD 6 City Attorney Approved: 10/31708 8507 Section 811 Program conflicts with a program requirement of the CDBG Program, with regard to this section, such conflict shall be submitted to HUD for determination. 8. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this Agreement, a written request must be submitted to the City for review by the City Council. No change in use of the CDBG funds will be permitted without prior approval of the City Council. During the term of the HUD Capital Advance Documents, any change in the use of funds approved by HUD shall be deemed approval by City. 9. CHANGES IN USE OF PROPERTY Subrecipient shall use the subject property for a group home serving persons with autism or developmental disabilities. Any change in use for the subject property shall require approval of the City Council and the U.S. Department of HUD. Notwithstanding the foregoing, should HUD acquire ownership of the property and/or project by foreclosure, deed in lieu of foreclosure, or otherwise, any such use restrictions shall terminate and be of no further force or effect. 10. NONDISCRIMINATION CLAUSE Except as may otherwise be required by the HUD Section 811 Program requirements, the Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 11. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with 24 CFR Sections 85.43 and 85.44, this Agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award. 24 CFR Sections 85.43 and 85.44 are incorporated herein by reference, as provisions of this Agreement. During the term of the HUD Capital Advance Documents, no suspension or termination of this Agreement shall occur without the prior written consent of HUD. 12. REVERSION OF ASSETS Upon expiration of the Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the Agreement; or, City Attorney Approved: 10/31/08 8508 b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. During the term of the HUD Capital Advance Documents, this provision for the reversion of assets shall not be exercised without the prior written approval of HUD. 13. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, or real or personal property of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives arising directly or indirectly out of performance of the project outlined in this Agreement. Subrecipient agrees to defend, indemnify, and hold free and harmless the City.its officers, employees and agents against any of the foregoing liabilities or claims of any kind and any cost or expenses incurred by the City including attorneys' fees, on account of any of the foregoing liabilities, including liabilities or claims arising out of alleged defects in any plans or specifications for the project or facility. During the term of the HUD Capital Advance Documents, any monies paid by Subrecipient under this section shall only be made from residual receipts as defined by the HUD Regulatory Agreement and only with the prior written consent of HUD. In the event HUD acquires title of the property and/or project, the indemnification language in this Section shall not be applicable. 14. ASSIGNMENT OF AGREEMENT With the exception of assigning or transferring the Agreement or monies owed thereunder to HUD or HUD's designee, or as otherwise may be allowed by this Agreement, the Subrecipient shall not assign this Agreement or any monies due thereunder without the prior written consent of the City Council, and during the term of the HUD Capital Advance Documents, without HUD's prior written consent. Notwithstanding the foregoing, Subrecipient may at any time at its option, assign or otherwise transfer its rights under this Agreement to a single asset nonprofit entity set up to own and operate the project pursuant to HUD 811 program requirements. Upon such assignment or other transfer, TERI shall be released from any further obligation or liability under this Agreement and/or the exhibits hereto. 15. SUCCESSORS OR ASSIGNS With the exception of the indemnity language contained in Section 13 not obligating City Attorney Approved: 10/31/08 8509 HUD and other exceptions set forth throughout this Agreement, the provisions of this Agreement including Section 13 ("Hold Harmless Agreement"), all terms, conditions, and provisions hereof shall inure and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 16. INSURANCE The Subrecipient shall obtain and maintain policies of Commercial General Liability insurance and a combined policy of worker's compensation and employers liability insurance in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VM" or have a surplus line insurer which is on the State of California's List of Eligible Surplus Line Insurers with a current Best's Key Rating of not less than "A:X". This insurance shall be in force during the term of this Agreement and shall not be canceled or materially changed without ten (10) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance and required endorsements to the Housing and Redevelopment Director before commencement of work. During the term of the HUD Capital Advance Documents, compliance with the insurance requirements of HUD shall be deemed to satisfy the insurance requirements of this Agreement. The City and their representatives shall be named as additional insureds on any policies of insurance hereunder. In the event of loss covered by fire and extended coverage insurance, the insurance proceeds, to the extent of the Capital Advance then remaining unpaid, shall be paid to the beneficiary of the HUD Deed of Trust and, at the option of the beneficiary may be applied to the Capital Advance or released for the repair or rebuilding of the project. Any balance remaining of the insurance proceeds shall be paid to the additional insured and, at the option of such additional insured, may be applied to the indebtedness owed to such insured or be released for repair or rebuilding of the project. Surplus insurance proceeds thereafter may be disbursed to the Owner of the Project. 17. HUD PROVISIONS This Agreement and the rights and covenants contained herein shall be subordinate to the HUD Capital Advance Documents. During the term of the HUD Capital Advance Documents, no default or breach may be declared by the City under this Agreement or its terms without HUD's prior written consent. Notwithstanding anything contained herein to the contrary, in the event the Secretary of the U.S. Department of Housing and Urban Development (herein after "Secretary") should take title to the property or the project through foreclosure, deed in lieu of 9 City Attorney Approved: 10/31/08 8510 foreclosure or otherwise, all covenants, conditions and restrictions set forth in this Agreement shall cease and terminate and be of no further force or effect. Notwithstanding anything contained herein to the contrary, in the event any provision in this Agreement tends to contradict, modify or in any way change the terms of the HUD Regulatory Agreement encumbering the real property described therein to be entered into between the Secretary and the Subrecipient, the terms of the HUD Regulatory Agreement shall prevail and govern; or if any provision of this Agreement in any way tends to limit the Secretary in his administration of the Housing Act of 1959, as amended, or the Cranston-Gonzales National Affordable Housing Act, or the regulations pursuant thereto, this Agreement shall be deemed amended as to comply with such Acts, the regulations and the aforementioned HUD Regulatory Agreement. Notwithstanding any statement in this Agreement to the contrary, during the term of the HUD Capital Advance Documents, no amendments shall be effected without the prior written approval of the Secretary, his successor or assigns during the term of the HUD Capital Advance Documents. Any monies paid to the City by the Subrecipient during the term of the HUD Capital Advance Documents shall be paid only from Residual Receipts as defined by the HUD Regulatory Agreement and as approved in writing by HUD or from authorized insurance proceeds. In the event HUD shall reasonably request modifications to this Agreement and/or the exhibits hereto, as a condition to the issuance of its Firm Commitment or for the disbursement of the proceeds of the HUD Section 811 Grant, the parties hereto shall not unreasonably withhold such consent to such modifications. 10 City Attorney Approved: 10/31/08 Executed by Subrecipient this SUBRECIPIENT: 8511 , 200^ . municipal corporationCITY OF CAI of the State Training, Education and Research Institute (na By:ayor TT Y MANAGER (print name/titlg) By: (print name/title (Proper notarial acknowledgment of execution by Subrecipient musfbe attached.1 Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 11 City Attorney Approved: 10/31/08 8512 EXHIBIT "A" CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1,2008 to June 30,2009 Subrecipient Name: TRAINING, EDUCATION AND RESEARCH INSTITUTE Address: 251 Airport Road, Oceanside 92056 Project Description: Acquisition of property for use as a group home for persons with autism or developmental disabilities. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specify if CDBG funds will be used to fund costs associated with staffing, rents, utilities, supplies, etc.) Funds will be used to acquire property for use as a group home for persons with autism or developmental disabilities. The property shall be used for this purpose for a minimum of twenty years. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient's services/project.) Acquire property that will be used as a group home for up to 6 persons with autism or developmental disabilities for at least twenty years. 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program's success in meeting established goals, to the City of Carlsbad Housing and Redevelopment Department within 15 days of termination of the contract date on the CDBG Annual Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings, and/or liens. Notwithstanding the foregoing, if the foregoing scope of work conflicts in any way with the HUD Section 811 Program Requirements, such scope of work shall be deemed amended as to comply with such. 12 8513 EXHIBIT "B" CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2008 to June 30, 2009 Subrecipient Name: TRAINING, EDUCATION AND RESEARCH INSTITUTE Address: 251 Airport Road, Oceanside, CA 92054 Project Description: Acquisition of property for a group home for persons with autism or developmental disabilities. The total grant amount of $795,000 will be used to assist in the acquisition of property in Carlsbad for use as a group home for up to six persons with autism or developmental disabilities for a minimum of twenty years. Funds will be deposited into an escrow account for this purpose. Subrecipient shall provide estimates and other information deemed necessary by the Housing and Redevelopment Director to document that Subrecipient will be providing matching funds of one dollar for every two dollars of CDBG funding deposited into the escrow account. Matching funds may not be provided in the form of in kind services, but may be provided after the close of escrow for improvements to make the property suitable for use as a group home. Documentation regarding matching funds must be approved as adequate by the Housing and Redevelopment Director prior to deposit of CDBG funds into the escrow account. Matching funds may include funds provided by Subrecipient and/or by HUD. 13 STATE OF CALIFORNIA <~ ~7-^COUNTY OF «_W /-->< 8514 /£ /r?, 200 t\i'i~mets- <t . before me, the undersigned, a Notary Public, ,-perticmally kncrvm-rfr On personally appeared iwc^pr proved to me on the basis of satisfactory evidence! to be the person(s) whose name(s)-^'are subscribed to the within instrument, and acknowledged to me thatiw&fee/they executed the same in -Sfdter/their authorized capacity(ies), and that by toter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MAMHAO. OM Commission * 162S64J Nota»y Pub*: - CoMomto Son DtoQo County MpCcmm. ORIGINAL 14 8515 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of oOJTv VJi On Date , fiitme, ipf personally appeared _3o\Y\g g> V PbU Here Insert Name ancyntle of the Officeo' Name(s) of Signer(s) L. CRESCENn CorrrrtsHon #1661400 Notoy PuWte - CoHomia San Diego County My Comm. Expires May 24,20K who proved to me on the basis of satisfactory evidence to be the person^ whose name($ is/ate subscribed to the within instrument and acknowledged to me that he/sbe/tbey executed the same in his/het#heir authorized capacity(p»§), and that by his/h«#heir signature^) on the instrument the person^, or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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