HomeMy WebLinkAboutWaiver APPLICANT 4/28/2008
'.'
~
Certification & Acknowledgement
This Agreement, IS entered Into this 16th day of April, 2008 by and between the City of
Spnngfleld, hereinafter "City" and Habitat for Humanltv, hereinafter "Applicant," In accordance
with the Spnngfleld Development Code, hereinafter "SOC" 2 1-135,
I, Don Gnffln (applicant's representative), certify that Habitat for Humanltv (applicant's name)
meets all cntena listed In SDC 2 1-135 C 1 b for determining eligibility for all applicable land use
application fee waivers as an affordable housing provider
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date
first herein above wntten
APPLICANT
ft~-r; I } 6, 2-DO~
Date
By ~G1f-
STATE OF OREGON, County of Lane, Aon116, 2008 Personally appeared the above named
Don Gnffln of Habitat for Humanltv, who acknowledged the foregoing instrument to be his
voluntary act. Before me
,." .-,...,g.._-......~."""Jo......~:,,;..'~~......<;:~-,...._'--.~~
'i-- ,------ OFF!CI,iXL SEAL '
~ < Rf.:SEKKAH R KEHM :
. ~ ';;.l')~ i'IOT,i\f Y PUBLIC-OREGON .
~ ":..,z, COi'o!l~1:SSI0N NO 414703 '
,~~~V~OI\~~fl~~: ~;'~':~~l,~:~~~'~~J
~~':'llii'l.'if)~~~~,\.".. f_
~ (Le bL,-
Notary Public for Oregon
My Commission Expires ;,2} d.-7&
CITY OF SPRINGFIELD
<1.~~lD6
Date
BY,~ ~~
.......
STATE OF OREGON, County of Lane, Apnl16, 2008 Personally appeared the above named
Mollv Markanan, Development Services Department Planner 11, who acknowledged the
foregoing Instrument to be his voluntary act Before ~~ I L / j . ~
r~L. r2.~ tJ~
Notary Public for Oregon
My Commission eXPlres..i3..,h7/, (
,
l,. ,-.CI>"......-.-.~~'~or,l!,l:ao.,....,.-....:;...~ ~,<Gb._.....~~
' OFFICIAL SEAL
f 0 REBEKKAH R KEHM
f ~ \~<-r' NOTARY PUBLIC-OREGON .
I "'11/ COMMISSION NO 414703 i
,L._......,,~~~~~?..~L~~~.tE~~~~,~:~J
~[E @ [E 0 \!1 [E ""'
~ APR 2 8 2008
> -'"
- - J1L WCLUJ(JC
IBy dJ:;('IJ~l
--
"
I~(
Habi~at for Humanity International
Building houses in partnership with God's people In need
October 1, 1990
Irene MacDonald
HFH -SpringfieldlEugene
655 North "A" Street
Springfield, OR 97477
Dear Irene,
,
This letter will confirm that HFH-SpringfieldlEugene has be-en added to the roster of exempt
subordinates included in Habitat for Humanity, lnc.'s group c~emption under section 501(c)(3) of
the Internal Revenue Code effective on October 1, 1990.
The enclosed copy of the group exemption letter received from the IRS provides evidence of
Habitat's group exemption. That letter, together with this letter which confirms your affiliate's
exempt subordinate status, provide evidence of your tax exempt status under section 501(c)(3) of
the Code. .Both of these letters should he reta.in(~d as n.art of vJUlr affiliate's
perm~nent records.
Please note that if your gross income is normally more than $25,000, you are required to file Fonn
990, Return of Organizations Exempt from Income Tax, by the 15th day of the fifth month after
the end of your annual accounting-period. Form 990EZ mt:, be used if 1) receipts are less than
$100,000 and 2) total assets at year end are less than $2.50,000, Also, note that a significant
penalty is imposed when' a return is filed late, (To assist ir. the consolidation of your affiliate's
financial data wi th that of HFID, it is requested that you use a calendar year-:,January I-December
31--accounting period.)
The group exemption number assigned to Habitat by the ~RS is 8545. This number may be
provided to prospective donors, foundations, and other grant organizations as they request it, and
is required on any Form 990 you may file.
In partnership,
-(YlOA.L-
Mark Sloan
AffIliate Assistant--Administration
MS/mr
cc: Sally Evers
Enclosure
3 I 101
In :z:eJ"~}'
:itP. 30.
58-11.85159
':let: 'to'
v , u , .:I ~ '7 ..I
_ : :. ll1lT ^, G ^
.
87 LTP. OC H
0000 00 000
00003
"AnITAT rOp. IlUMUtITY IHe
11/, nIT ^ T to C I( U 11 C H S T
^NERICUS G^ 31709
Employex Identifioation Humbex'
S8-1~85159
D~ur Sirs'
Your. orguni2~tion And suboxdinntes hove been assigned a Group
tKemption Hu~bex fox tax exempt status" We have assigned 8545 to
your group" I'lease keep this letter :fox futuxe. xefexenoe"
Si~ce:z:ely youxs,
~ , c.//.
R{~-<.~~, ~,,~
Sandra L" Gxeen
Chief, Taxpayex Alsistanoe seotion
, .
')A VE l'ROHNMA YER
.. ATTORNn' CENlDIAL
~
~jj
JAMES E. MOUNTAIN, JR
DIl'UTY ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
PORTLAND OFPICE
1515 SW 5th Avenue
SUite 410
Portland. OR 97201
Telephone (5031 229.5725
FAX: 15031 229.5120
February 28, 1990
Habitat for Humanity - Springfield/Eugene
c/o Charles Ellis
PO Box 488
Springfield, OR 97477
RE: Registration Under the Charitable Trust and Corporation Act
Annual Report for the Period Ending December 31, 1990
Ladies/Gentlemen:
This will acknowledge registration of your organization
under the Charitable Trust and Corporat.io.n ,Ac.t. '" Your
registration number with this office is~35-14819)'
Our records have been noted that your accounting period
ends December 31. Annual reports which may be required by the
Act are due not later than four months and 15 days after the
close of your accounting period. Please' note that our annual
reports are in acdition to and different from the annual reports
that nonprofit corporations must file with the Oregon
corporation Division, Office of the Secretary of State"
If you do not receive forms within 60 days prior to the due
date for filing Y0ur report, contact this office to obtain the
prescribed forms"
We also request a copy of your Bylaws and IRS tax
determination letter to complete the file.
please keep this letter with your permanent records as it
contains your registration number.
Cf;.~
Aaministrative Assistant
Charitable Activities Section
JR:lr
3349I/16
CITY OF SPRINGFIELD
HOME Investment Partnership Program
Grant Agreement for the Provision of Affordable Housing
With Springfield Eugene Habitat for Humanity
This Agreement made and entered Into on this day of ,2007, by and
between the CITY OF SPRINGFIELD, a mUnicipal corporation of the State of Oregon, hereinafter
referred to as "CITY", and Spnngfield Eugene Habitat for Humanity (Habitat) a pnvate non-profit
corporation of the State of Oregon, hereinafter referred to as "AGENCY"
WHEREAS, the Common CounCil of CITY, upon making a determination of the need for
AGENCY to prOVide affordable housing to low-income Spnngfield residents, did on Apn116, 2007
authonze a maximum appropnatlon of Sixty Thousand Dollars ($60,000) from its 2007 HOME
Investment Partnerships Program, made available under Title II of the National Affordable
Housing Act (NAHA) of 1990 (Pubhc law 101-625) (24 CFR Part 92), as amended, to be
administered by AGENCY and utlhzed to prOVide and maintain affordable housing, referred to as
"PROJECT"
NOW, THEREFORE, In conSideration of the terms and conditions hereinafter stated, It IS
agreed as follows
PROJECT ADMINISTRATION AND STATEMENT OF WORK
1 AGENCY shall administer PROJECT for the provISion of and commitment to maintain
affordable home ownership housing PROJECT as more particularly descnbed and set
forth In Exhibit A-1 and A-2, Statement of Work, which IS attached hereto and
Incorporated Into thiS Agreement
"PROJECT BENEFIT AND COMMITMENT TO AFFORDABILlTY"
2 CITY and AGENCY agree that the PROJECT benefit IS the provISion and committed
maintenance of affordable housing CITY and AGENCY also agree that thiS benefit Will
be achieved only If AGENCY completes the Statement of Work as descnbed In
Paragraph 1 and Exhibit A, and comphes with the second Whereas In the event that
AGENCY falls to comply with these requirements, CITY may enforce restnctlons set forth
In Exhibit 'E', Declaration of Restnctlve Covenants
3 Grantee agrees that the Project Will be used for homeownershlp opportunities for low
Income homebuyers, defined as persons at or below 80% of the county median Income
as pubhshed annually by the U S Department of Housing and Urban Development (HUD)
throughout the penod of affordablhty which IS fifteen years If, at any time from the day
first wntten, the property IS used for other than thiS purpose dunng the affordablhty penod,
the Grant prOVided by the CITY shall, with reasonable notice, be called for repayment to
the CITY by or on behalf of AGENCY, ItS successors or assigns
4 Furthermore, It IS the AGENCY's responslblhty to ensure that the penod of affordablhty
remains In effect as required under 24 CFR Part 92 252 Based upon the amount of
HOME funds awarded to thiS project, AGENCY shall designate a minimum of two units as
HOME assisted For purposes of credIting additional match and to meet the onglnal set
aSide proposed by the AGENCY In the 2006-2007 Spnngfield CDBG and HOME
apphcatlon,
5 Pursuant to 24 CFR, Part 92 252, as amended, thiS Agreement and Penod of Affordablhty
shall remain In effect for not less than the penod descnbed In section 3 without regard to
the term of themortgage or other underlYing secunty and without regard to any transfer of
ownership, pursuant to the restnctlve covenants running with the land, except that the
affordablhty restnctlons shall be terminated upon foreclosure by a lender who has been
approved by the CITY or other transfer of title to the approved lender In heu of
foreclosure In the event the lender, ItS successors or assigns lawfully acquire title to the
project through foreclosure or deed In heu of foreclosure, neither the lender nor any
subsequent purchaser of the project follOWing such foreclosure or deed In heu of
1
foreclosure shall be deemed a "successor or assign" of the Grantee, and neither the
I
lender nor such subsequent purchaser shall have any obligation to repay the Grant to the
CITY and all conditions and restrictions :contalned herein shall terminate on the date, If
any, that the project IS so acquired by foreclosure or deed In lieu of foreclosure However,
I
If at any time following such a transfer by foreclosure or transfer In lieu of foreclosure, but
stili dUring the term of the affordablllty period, the owner of record prior to the foreclosure
or transfer in lieu of foreclosure, or any hewly formed entity that Includes the former owner
I
or those with whom the former owner has or had family or business ties, obtains an
I
ownership Interest In the project or property, the affordablllty period shall be revived
according to ItS original terms
FINANCIAL COOPERATION
6
(A) CITY will pay not to exceed the 1mount of Sixty Thousand Dollars ($60,000) to
I
AGENCY for the provIsion and committed maintenance of affordable housing and for
I
costs Incurred In performance of the Statement of Work for the PROJECT
(B) Payment requests by AGENCY to CITY shall be supported by copies of bills
and/or statements of work completed ~ayments will not exceed the amount requested
on the bills and/or statements Prior to any payment CITY shall conduct an Inspection of
I
the PROJECT to Insure work has been completed satisfactorily
(C) Expenditures related to PROJE:;T cannot be Incurred until this Agreement has
I
been properly executed and recorded All costs related to PROJECT Incurred prior to the
I
execution and recording of this Agreemp.nt will not be conSidered as eligible expenses
under this Agreement
7
REPAYMENT
The HOME funds used to assist the PRpJECT are a grant If PROJECT IS not completed
as desCribed In Exhibit A, Statement of Work, or falls to meet other conditions and
I
requirements of the HOME program as desCribed In this Agreement, the CITY's right of
I
recapture of funds or assets may be exercised as prOVided for In Exhibit E of this
I
Agreement (Declaration of Restrictive Covenants)
8
INTERIM FINANCING
I
In addition to HOME funds granted and/or loaned to AGENCY the CITY may proVide
interim loan funds for PROJECT constr~ctlon The loan will be 0% Interest with a 45 day
. I
call as set forth In EXHIBIT H Trust Deed and Note (Exhibit H will be prepared at the
I
time interim financing IS requested If no interim financing IS prOVided there will be no
Exhibit H )
9
INDEPENDENT CONTRACTOR AND PROJECT CONTROL
I
In the conduct of the PROJECT desCribed In this Agreement, AGENCY IS an Independent
I
contractor with the authority to control and direct the details of the PROJECT, the CITY
I
being Interested only In that results obtained be the prOVISion and maintenance of
affordable rental housing
2
FRINGE BENEFITS
10 AGENCY IS not considered an agent of the CITY for any purpose, and employees of
AGENCY are not entitled to any of the benefits CITY provides for CITY's employees,
Including but not limited to retlrement benefIts, medIcal and dental Insurance, workers'
compensation Insurance, and unemployment Insurance AGENCY will provide Insurance
and benefits to AGENCY's employees
ACCESS TO RECORDS
11 CITY, the United States Department of Housing and Urban Development, the Comptroller
General of the United States, or their authorized representatives, shall have access to all
books, documents, papers and records of AGENCY which are relevant to this Agreement
for the purpose of meeting record keeping and reporting requirements
HOLD HARMLESS
12, AGENCY shall defend, indemnify and hold CITY harmless from and against any and all
claims, SUitS, actions, debts, damages, costs, charges, and expenses, including court
costs and attorneys fees, and against all liability, losses and damages of any kind and
nature whatsoever, including but not limited to property damage, personal inJury and
wrongful death arising out of or In connection with AGENCY's performance or conduct of
PROJECT under this Agreement
EMPLOYEES' TAXES
13 AGENCY shall also defend, indemnify and hold harmless CITY against all liability and
loss In connectlon with and shall assume full responsibility for, payment of all Federal,
State, and local taxes or contributions Imposed or required under unemployment
Insurance, SOCial Security and Income tax laws, with respect to AGENCY's employees
engaged In the performance of this Agreement
WORKERS' COMPENSATION
14 AGENCY, ItS subcontractors, If any, and all employees working under this Agreement are
subject to Oregon Workers' Compensation Law and shall comply with ORS 656 017,
which reqUires them to prOVide workers' compensation coverage for all their subject
workers, or by signing this Agreement, AGENCY represents that he or she IS a sole
proprietor and IS exempt from the laws reqUiring workers' compensation coverage
INSURANCE
15 The Contractor shall maintain In force for the duration of this agreement a Commercial
General Liability Insurance policy written on an occurrence basIs with limits not less than
$1,000,000 per occurrence and $2,000,000 In the aggregate Automobile Liability (owned,
non-owned and hired) Insurance with limits not less than $1,000,000 per occurrence shall
be maintained The City, ItS employees, offiCials and agents Will be named as an
Additional Insureds where operations are being conducted related to thiS contract, on the
General Liability policy as respects to work or services performed under thiS agreement to
the extent that the death or bodily injury to persons or damage to property arises out of
the fault of the Contractor or the fault of the Contractor's agents, representatives or
subcontractors The City'S Additional Insured status shall apply to the premises, products
and completed operations hazards as defined by the Insurance Service Office (ISO) ThiS
Insurance Will be primary over any Insurance the City may carry on ItS own If the City
requires Professional Liability coverage, the City'S Risk Manager must approve the terms,
conditions and limits
3
16
EVidence of the required coverages Issued by a company satisfactory to the City shall be
provIded to the City by way of a certificate of Insurance before any work or services
commence A 30-day notice of cancellation or matenal change In coverage clause shall
be Included It IS the Contractor's obligation to provide the 30 days notice If not done so by
the Contractor's Insurance company(s) jFallure to maintain the proper Insurance shall be
grounds for Immediate termination of this contract
I
ATTORNEYS FEES
I
In the event that a SUIt or action IS commenced to enforce the terms of this Agreement,
I
the prevailing party shall recover and the losing party shall pay the prevailing party's court
I
costs and reasonable attorney's fees Incurred In the SUit or action This provIsion
specifically Includes any court costs and attorneys fees Incurred by the party prevailing
upon appeal
17
COMPLIANCE WITH APPLICABLE REGULATIONS
I
AGENCY shall comply with all appllcabl~ CITY, County, State, and Federal regulations, all
applicable reqUirements set forth In Exhibit B-1, Exhibit B-2, ExhIbit C, and Exhibit E
I
which are attached hereto and Incorporated In this Agreement
I
CHANGE OR MODIFICATION
I
No change, modification, or waiver of any provIsion In this Agreement shall be valid or
I
binding upon the partIes hereto unless such change, modification or waiver shall be In
wntlng signed by all parties hereto
18
19
SEVERABILITY
I
Invalidation of any term or provIsion herein by Judgment or court order shall not affect any
other provIsions, which shall remain In f~1I force and effect
20
TERMINATIOf\ /wITHDRAWAL
I
(A) Either party may withdraw from this Agreement for cause upon the giVing of not
I
less than thirty (30) days wntten notIce of the date selected for withdrawal
I
(B) For purposes of this Agreement" cause shall mean matenal breach of the terms
and conditions of this Agreement Elthe'r party, believing It has cause to terminate the
Agreement, shall give wntten notice of nbt less than ten (10) days, specifying the cause
and the date selected for termination, a~d, if the breach IS not remedied within ten (10)
I
days, or other greater penod of time as specified within the notice, the relationship may be
terminated by either party
(C) Suspension or termination may 13lso occur In the event of default, inability, or
failure to perform on the part of AGENCY
(D) In the event this Agreement IS t~rmlnated, AGENCY shall reimburse CITY all
HOME loan funds expended by AGENCiY on the PROJECT, and such amounts will be
Immediately due and payable to CITY Additionally, CITY shall have no obligation to
expend any further HOME loan funds or PROJECT
4
DURATION OF AGREEMENT
21 Except as specified In parts 5, 19 and 20 above, this Agreement shall remain In effect for
the penod of PROJECT Affordablllty, which IS fifteen (15) years from the date of
PROJECT completion
CITY OF SPRINGFIELD
Spnngfield Eugene Habitat for Humanity
GinO Gnmaldl
City Manager
Executive Director
ATTACHMENTS
Exhibit A-1 Statement of Work
Exhibit A-2 Project Implementation Schedule
Exhibit B-1 SpeCific HOME ReqUirements
Exhibit B-2 Records of Other Federal ReqUirements
Exhibit C Certifications
5
ExhIbit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Income GUidelines
Declaration of Restnctlve Covenants
None
Certification of Governmental ASSistance
Trust Deed and Note
I
I
EXHIBIT A-1
I
STATEMENT OF WORK
A Work Performance
The project activities to be accomplls,hed under the conditions of this Agreement are
outlined In the Scope of Work, as descnbed In Attachment A-2 (as provided by AGENCY)
I
At a minimUm, all meet the affordablllty ~tandards referenced In the HOME Investment
Partnership Program Grant Agreement ror the ProvIsion of Affordable HOUSing HOME
assisted Units must meet HOUSing Quallw Standards as outlined In 24 CFR 882 109 at
completion of work and pnor to final dls~ursement of HOME funds Newly'constructed
hOUSing must meet the current edition of the Model Energy Code published by the Council
of Amencan BUilding OffiCials Substantially rehabilitated hOUSing must meet the cost
effective energy conservation and effectiveness standards In 24 CFR part 39
B Schedule of Comoletlon
A tentative PROJECT schedule IS provided as Exhibit A-2 (as proVided by AGENCY)
I
Both parties understand the necessity to complete project In a timely manner If project IS
not completed as descnbed In Exhibit A! Statement of Work, or falls to meet other
conditions and requirements of the HOME program as descnbed In thiS Agreement, the
I
CITY's nght of recapture of funds or assets may be exercised as provided for In Exhibit E
I
of thiS Agreement (Declaration of Restn-:tlve Covenants)
C Total Prolect Develooment Cost
The City agrees to contnbute not to exceed $60,000 In HOME funds to assist thiS
I
PROJECT Provided below IS the estlmqted Total Project Development Cost, as proVided
by AGENCY
6
EXHIBIT B-1
SPECIFIC HOME INVESTMENT PARTNERSHIPS PROGRAM REQUIREMENTS
A Constitutional Prohibition
In accordance with First Amendment Church/State Pnnclples, as a general rule, HOME
assistance may not be used for religious activities HOME funds may be provided to
pnmanly religious entities for secular activities that are determined to be eligible under the
HOME Program Regulations The following restnctlons and limitations therefore apply to
the use of HOME funds
(1) HOME funds may not be used for the acquIsition of property or the construction
or rehabilitation (including hlstonc preservation and removal of architectural
bamers) of structures to be used for religious purposes or which will otherwise
promote religious Interests This limitation Includes the acquIsition of property for
ownership by pnmanly religious entities and the construction or rehabilitation
(including hlstonc preservation and removal of architectural bamers) of structures
owned by such entities, except as permitted with respect to rehabilitation and
repairs undertaken In connection with public services, regardless of the use to be
made of the property or structure Property owned by pnmanly religious entities
may be acquired with HOME funds at no more than faIr market value for a non-
religious use
CITY has determined that AGENCY IS NOT a pnmanly religious entity (~92.504(c)(9))
B Record keeolnq
AGENCY shall establish and maintain sufficient records to document that the
reqUirements of this grant have been met At a minimUm, the follOWing records are
needed
(1) Records providing a full descnptlon of activity assisted with HOME funds,
including ItS location and the amount of HOME funds budgeted, obligated, and
expended for the activity
(2) Records demonstrating that the actiVity undertaken meets the low-income benefit
as established by HUD Such records shall Include the Income limits applied and
the pOint In time when the benefit was determined Applicable Income limits are
Included as Attachment D
(3) Records that demonstrate compliance with the reqUirements for affordable rental
housing (992 252), including the initial rental rate and all subsequent rent
changes, and utility contnbutlon, If any Records must be kept for each family
assisted
(4) Records of other Federal requirements as set forth In Exhibit B-2, which IS
attached hereto and Incorporated In thiS Agreement
7
1
EXHIBIT B-2
I
RECORDS OF OTHER FEDERAL REQUIREMENTS
I
Equal opportUnity and fair housing records containing
I
(A) Data on the extent to which each racial and ethnic group and single-head of
I
households (by gender of household head) have applied for, participated In, or benefited
I
from, any program or activity funded In whole or In part With HOME funds
I
(8) Documentation of actions unde~aken to meet the ,requirements of 992 350, which
Implements section 3 of the Housing Development Act of 1968, as amended
(12U S C 1701u)
(C) Documentation and data on the steps taken to Implement the JUrisdiction's
outreach programs to minority-owned a~d female-owned businesses including the
racial/ethnic or gender character of each business entity receiving a contract or
subcontract of $25,000 or more paid, orlto be paid, With HOME funds, the amount of the
contract or subcontract, and documentation of the participating JUrisdiction's affirmative
I
steps to assure that minority business apd women's business enterprises have an equal
opportunity to obtain or compete for contracts and subcontracts as sources of supplies,
equipment, construction, and services
(D) Documentation of the actions the participating JUrisdiction has taken to
affirmatively further fair housing,
2
Records indicating the affirmative marketing procedures and requirements under
993 351
3
Records that demonstrate compliance With environmental review reqUirements In 992 352
(and 24 CFR part 58 )
4
Records which demonstrate compliance With the requirements In 992 353 regarding
I
displacement, relocation, and real property acqUIsition, including project occupancy lists
I
Identifying the name and address of all persons occuPYing the real property on the date
I
described In 992 353(c)(2)(I)(A), moving Into the property on or after the date described In
I
992 353(c)(2)(I)(A), and occupYing the ~roperty upon completion of the project
- I
Records demonstrating compliance With labor requirements In 992 354, Including contract
prOVISions and payroll records
5
6
,
Records concerning lead-based paint uider 992 355
Records supporting requests for waivers of the conflict of Interest prohibition 992 356
I
Records of certifications concerning debarment and suspension required by 992 357(and
24 CFR part 24) I
Records demonstrating compliance With flood Insurance requirements (992 358)
7
8
9
8
EXHIBIT C
CERTIFICATIONS
The AGENCY, Contractors, Subcontractor, Vendor, or Supplier, hereinafter referred to as
"Contractor", hereby certifies that It will comply with the rules, regulations, policies, gUidelines, and
requirements with respect to the acceptance of and use of federal HOME Investment
Partnerships funds made available for this project or activity under Title II of the National
Affordable HOUSing Act (NAHA) of 1990 (Public Law 101-625), as amended, and Department of
HOUSing and Urban Development (HUD) Implementing regulations contained In 24 CFR Part 570
The Contractor also gives assurance and certifies that
1 No person'shall on the grounds of race, color, national origin, familial status, religion or
sex be excluded from participation, be denied the benefits of, or be subjected to
diSCrimination under any program or activity funded In whole or In part with HOME funds
(~92.350(a)).
2 It possesses legal authority to be a party to this Contract and to execute the proposed
project or actIVIty
3 Its governing body has duly adopted or passed as an official act a resolution, motion, or
similar action authorizing Agreement to the Contract, Including all understandings and
assurances contained therein, and directing and authorizing the person Identified as the
official representative of the Contractor to act In connection with the Contract and to
provide such additional Information as may be required
4 The Contract Will be conducted and administered In compliance with
(a) Title VI of the CIvil Rights Act of 1964 (Public Law 88-352, 42 USC 9 2000) and
HUD Implementing regulations contained In 24 CFR Part 1 (~92.350(a)(1))
(b) Title VIII of the CIvil Rights Act of 1968 (Public Law 90-284) (~92.350(a)(1))
(c) Executive Order 11063, as amended by Executive Order 12259, and HUD
Implementing regulations contained In 24 CFR Part 107 (~92.350(a)(1))
(d) Non-discrimination provISions of Section 109 of the HOUSing & Community
Development Act (Public Law 93-383), Including the Age DISCrimination Act of
1975 (Public Law 94-135) and Section 504 of the Rehabilitation Act of 1973
(Public Law 93-112), as amended (29 U S C Section 794) (~92.350(a)(2))
(e) The labor standards reqUirements under Section 110 of the HOUSing and
Community Development Act (Public Law 93-383), Including the DaVis-Bacon
Act, as amended, and the Contract Work Hours and Safety Standards Act
(~92.354)
(f) The National EnVironmental Policy Act of 1969 and other provIsions of law which
further the purposes of such Act speCified by HUD Implementing regulations
contained In 24 CFR Parts 50 and 58 (~92,352)
(g) The Flood Disaster Protection Act of 1973 (Public Law 93-234,42 U S,C, 4001-
4128) (~92.358)
(h) The Uniform Relocation ASSistance and Real Property AcqUISition PoliCies Act of
1970, as amended (URA), the government-wide URA regulations at 49 CFR Part
24, and relocation requirements In the reVised section 1 04( d) of the HOUSing and
Community Development Act of 1974, as amended, and the final rule at 24 CFR
570606 (CDBG Entitlement Program) (~92,353)
9
(I)
(j)
Equal employment opportUnity provIsions expressed In Executive Order 11246,
I
as amended by Executive Orders 11375 and 12086, and all Implementing
regulations contained In 41 CFR Part 60 (~92.350(a)(3))
I
Section 3 of the HOUSing and U~ban Development Act of 1968, HUD regulations
contained In 24 CFR Part 135 (~92.350(a)(4))
The Lead-Based Paint POIsonln1g Prevention Act ~nd associated regulations
contained In 24 CFR Part 35 (~92.355)
I
City'S ReSidential Antl-Dlsplacerrent and Relocation ASSistance Plan developed
In pursuant to Section 104(d) oflthe HOUSing and Community Development Act of
1974, as amended (Public Law 93-383) (~92.353)
(k)
(I)
5 HOME Partnership Investments Program funds Will not be used directly or indirectly to
I
employ, award contracts to, or otherwise engage the services of or fund any contractor or
I
subreclplent dUring any period of debarment, suspension, or period of ineligibility under
I
the prOVIsions of 24 CFR Part 24 (~92.357)
N Clty/Houslng/KevlnKo/ExhlbJt C Certifications joc
10
EXHIBIT D
HUD'S INCOME LIMITS FOR lOWER INCOME AND VERY lOW INCOME FAMILIES
FOR THE EUGENE-SPRINGFIELD AREA
The revised Income limits for very low Income (50% of median Income) and other lOW-income
(80% of median Income) families are presented below These revised Income limits apply to the
CommunIty Development Block Grant (CDBG) Program Section 312 Rehabilitation loan Program,
HOME Investment Partnership Program and Rental Rehabilitation Program
Note: SHOP and HAP Programs USE "OTHER" low-Income
Household Size
1
2
3
4
5
6
7
8
, Very Low Income.
19,150
21 ,900
24,600
27,350
29,550
31,750
33,900
36,100
Other Low Income .
30,650
35,000
39,400
43,750
47,250
50,750
54,250
57,750
MFI for Eugene/Springfield/Lane County IS $54,700
Effective March 13, 2007
11
EXH BIT G
CERTIFICATION OF GOVERNMENTAL ASSISTANCE
I
Subsidy Layering (!uidance (CPD-94-24)
PURPOSE
The purpose of this certification IS to proVide the CITY OF SPRINGFIELD, a municipal corporation
of the State of Oregon, the information necessary to evaluate projects assisted by HOME
Program funds In combination with other govern nental assistance, to ensure that no more than
the necessary amount of HOME Program funds are Invested In anyone project to provide
affordable hOUSing
-
l
DEFINITION ,
Governmental Assistance Includes any loan, grant, (Including Community Development Block
G ' I
rant), guarantee, Insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of
I
direct or indirect assistance from the Federal, State, or local government for use In, or In
conjunction with, a speCific hOUSing project
CERTIFICATION ,
St Vincent de Paul Society of Lane County Inc (SVDP), hereinafter referred to as "AGENCY",
certifies to the CITY OF SPRINGFIELD, hereinafter referred to as "CITY", that governmental
I
assistance has been proVided to a project, hereinafter referred to as "PROJECT", and that the
I
governmental assistance consists of the follOWing
Federal Assistance
HOME Investment Partnerships Program
Community Development Block Grant
HOPE III
BPA Energy Rebates, Weathenzatlon
Low Income HOUSing Tax Credits
Affordable HOUSing Program (FHLB)
Other (specify)
$
$
$
$
$
$
$
State Assistance
Low Income HOUSing Tax Credits
HOUSing Development Grant (Trust Fund)
HELP Program
Loan Guarantee Program
Other (specify)
$
$
$
$
$
Local Assistance
General Funds
Certification of Governmental Assistance, page 2
$
Property Tax Exemption
Permit fee, SDC waivers
Springfield Home Ownership Program
Other (specify)
$
$
$
$
Total Governmental Assistance
$
112
AGENCY will notify the CITY promptly In wntlng should the above governmental assistance for the
PROJECT change, or If additional governmental assistance beyond that which IS certified above
IS sought while PROJECT IS bound by the regulations of the HOME Program If additional
governmental assistance beyond that which IS certified above for the PROJECT IS sought or
anticipated, CITY reserves the nght to re-negotlate the terms of this HOME Agreement In order to
maintain PROJECT compliance with HUD Notice CPD-94-24 regarding SubsIdy Layenng
Neighborhood Economic Development Corp
Executive Director
Date
13
After Recording Return To'
City of Springfield, Housing Div
225 Fifth Street
Spnngfield OR 97477
Exhi lit "E"
DECLARATION OF RE iTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTI"1E COVENANTS (Declaration), dated
, 2007, by Springfield Eugene Habitat for Humanity and Its successors and
I
assigns (Owner), IS given as a condition precedent to the award of HOME Investment
Partnerships (HOME) Program funds by the City of Springfield (City), a political subdiVIsion of the
State of Oregon, together wIth any successor to ItS rights, duties, and obligations
RECITALS
WHEREAS, Owner IS the owner of the affordable home ownership units for the purpose
I
of homeownershlp opportunities for low-income lfirst time homebuyers located In the City of
Springfield, Lane County, State of Oregon, more particularly described In Exhibit "A" hereto, and
I
WHEREAS, City has been deSignated by the U S Department of HOUSing and Urban
I
Development (HUD) as a Participating JUrlSdlctlpn In the HOME Program pursuant to 42 U S C 9
12701 et sea, 24 CFR Part 92, and amendments thereto, and
- I
WHEREAS, Owner has applied to City and entered Into a HOUSing Development Loan
Agreement In an amount not to exceed $60,0001 .
I
WHEREAS, HUD requires as a condltlop precedent to the awarding of HOME Program
funds that Owner execute, deliver and record this Declaration In the official Land Deed Records of
I
the JUriSdiction In which the Project IS located In order to create certain covenants running with the
I
land for the purpose of enforcement of the affordablllty requirements of the HOME Program, as
set forth In 24 CFR Part 92, and
WHEREAS, Owner, under this declaration, Intends, declares, and covenants that the regulatory
I
and restrictive covenants set forth herein governing the use, occupancy, and transfer of the
I
Project shall be and are covenants running with Ithe Project land for the term stated herein and
binding upon all subsequent owners of the Project and for such term, except as speCifically
I
prOVided herein, and are not merely personal cOilenants of Owner, and
WHEREAS, the Project's Units Will be el,lglble for homeownershlp hOUSing by qualified
lOW-income families for the full term stated herein,
DECLARATIONS
NOW, THEREFORE, In conSideration or the promises and covenants hereinafter set forth
and of other valuable conSideration, the receipt and suffiCiency of which IS hereby acknowledged,
Owner and City agree as follows
SECTION 1
DEFINITIONS
All words and phrases used In this Declaration shall have the same meaning as when
used In 24 CFR Part 92, unless the context reqL Ires otherwise
14
SECTION 2
REPR~~~ENTATIONS, COVENANTS AND WARRANTIES OF OWNER
Owner hereby represents, covenants and warrants as follows
(a) The project constitutes or wllLconstltute a qualified Project as defined In 24 CFR 9 922 and,
In conslderatron of the HOME Program funds, the Project's Unlt(s) will be deSignated as "HOME-
assisted Units"
(b) All HOME-aSSisted Units shall be subject to the affordable hOUSing requirements of the HOME
Program for the term of the Declaration
(c) The units will be available as HOME-aSSisted Units for occupancy and purchase by qualified
lOW-income families and subject to all other applicable affordablllty reqUirements of the HOME
Program for the full term stated herein
(d) Subject to the requirements of the HOME Program and thiS Declaration, Owner may sell,
transfer, or exchange the Project at any time, but Owner shall notify In writing and obtain the
agreement of any buyer or successor or other person acquIring the Project or any Interest therein,
that such acquIsition IS subject to the reqUirements of thiS Declaration and to the requirements of
the HOME Program Owner agrees that City may VOid any sale, transfer, or exchange of the
project or any HOME-aSSisted portion of the Project If the buyer or successor or other person fails
to assume In writing the requirements of thiS Declaration and the affordablllty requirements of the
HOME Program
(e) Owner will, at the time of execution and delivery of thiS Declaration, have good and
marketable title to the premises constituting the Project, free and clear of any lien or encumbrance
(except encumbrances created pursuant to thiS Declaration, any loan documents relating to the
Project or other permitted encumbrances)
(f) Owner warrants that It has not and will not execute any other Declaration With provIsions
contradictory to, or In OPPOSition to, the proVISions hereof, and that In any event, the requirements
of thiS Declaration are paramount and controlling as to the rights and obligations herein set forth
and supersede any other reqUirements In conflict herewith
SECTION 3
TERM OF DECLARATION
(a) ThiS Declaration, and the Terms of Affordablllty speCified herein, apply to the Project
Immediately upon recordation, and Owner shall comply With all restrictive covenants herein not
later than the first day after Project Completion as defined In the HOME Program ThiS
Declaration shall terminate fifteen (15) years after Project Completion, unless HOME Program
affordablllty restrictIons are earlier terminated due to the occurrence of any of the following events
(1) foreclosure, (2) transfer In lieu of foreclosure, or (3) assignment of an FHA Insured mortgage
to HUD
SECTION 4
RECORDING AND FILING, COVENANTS TO RUN WITH THE LAND
(a) Upon execution of thiS Declaration by Owner and City, Owner shall cause thiS Declaration and
all amendments hereto to be recorded and filed In the offiCial Public Land Deeds Records of the
JUriSdiction In which the Project IS located City shall pay all fees and charges Incurred In
connection therewith
Operators of the Project dUring the term of thiS Declaration, that thiS Declaration and the
covenants and restrictions set forth In thiS Declaratron regulating and restrlctrng the use,
occupancy and transfer of the Project (1) shall be and are covenants running With the land,
encumbering the Project for the term of thiS Declaration, binding upon Owner's successors In title
and all subsequent Owners and Operators of the Project, (2) are not merely personal covenants
of Owner, and (3) shall bind Owner (and the benefits shall Inure to the City and any past, present
or prospective tenant of the Project) and ItS respective successors and assigns dUring the term of
thiS Declaration Owner hereby agrees that any and all reqUirements or priVileges of estate are
Intended to be satisfied, or In the alternate, thaf an equitable servitude has been created to Insure
that these restrictions run WIth the Project For the term of thiS Declaration, each and every
contract, deed or other Instrument hereafter executed conveYing the project or portion thereof
15
shall expressly provide that such conveyance IS subject to this Declaration, provided, however, the
covenants contained herein shall survive and bel effective regardless of whether such contracts,
I
deed, or other Instrument hereafter executed conveYing the Project or portion thereof provides
I
that such conveyance IS subject to this Declaration
, I
SECTION 5 ENFORCEMENT OF AFFORDtBLE HOUSING REQUIREMENTS
(a) Owner covenants that It will not knowingly take or permit any action that would result In a
violation of the affordablllty reqUirements of the ~OME Program City, together with Owner, may
execute and record any amendment or modification of this Declaration and such amendment or
I
modification shall be binding on third-parties granted rights under this Declaration
I
(b) Owner acknowledges that the primary purpose for reqUiring compliance by Owner with
I
restrictions proVided In the Declaration IS to assure compliance with the affordablllty reqUirements
of the HOME program In consideration for receiving home Investment partnership funds for this
project, owner hereby agrees and consents that tin the event owner ultimately falls to provide what
IS described as PROJECT herein, owner shall reimburse CITY all HOME funds expended by the
I
CITY on the PROJECT and such amounts will be Immediately due and payable Further CITY
I
may exercise the right of recapture of funds or assets, for any breach of the prOVIsions herein In
addition to all other remedies proVided by law orlln equity CITY may enforce specific performance
by owner of owner obligations under this declaration Owner hereby further specifically
I
acknowledges that the benefiCiaries of Owner's obligations hereunder cannot be adequately
I
compensated by monetary damages In the event of any default hereunder
I
(c) This Declaration may be enforced by City o~ ItS designee In the event Owner falls to satisfy
any of the reqUirements of this Declaration If legal costs are Incurred by City, such legal costs,
including attorney fees and court costs (including costs of appeal), are the responsibility of, and
may be recovered from, Owner
"6
SECTION 6
MISCELLANEOUS
(a) Severabllitv The invalidity of any clause, part, or provIsion of this DeclaratIon shall not affect
the validity of the remalnrng portions thereof
(b) Notices All notices to be given pursuant to this Declaration shall be In writing and shall be
deemed gIven when maIled by certified or registered mall, return receipt requested, to the parties
hereto at the addresses set forth below, or to such other place as a party may from time to time
designate In writing
To City
Greg Mott
City of Springfield
225 Fifth Street
Springfield, OR 97477
To Owner
(c) Governlno Law This Declaration shall be governed by the laws of the State of Oregon and,
where apphcable, the laws of the United States of America
IN WITNESS WHEREOF, Owner has caused this Declaration to be signed by ItS duly
authorized representative, on the day and year first above written
OWNER
By
Title
STATE OF OREGON
) ss
County of Lane
Personally appeared before me this day of ,2007, the above named
, and acknowledged the foregoing Instrument to be his/her
voluntary act and deed
Notary Public for Oregon
My Commission Expires,
CITY
By
Title City Manager
STATE OF OREGON
) ss
County of Lane
Personally appeared the above named GinO Grimaldi as City Manager for the City of
Springfield and acknowledged the foregoing Instrument to be his voluntary act and deed on this
day of , 2007
Notary Public for Oregon
My CommisSIon Expires
I \DOCS\DECLARA TION OF RESTRICTIVE COVENANTS DOC
17