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HomeMy WebLinkAbout0111.093(I) sta!le. *011 ______ 4_---. January 7, 1993 THE HONORABLE CITY COUNCIL Palo Alto, california Agreeme!1ts with Adolescent CQunsel;ng Services and community Association for Retarded. Inc (CAB) fgr ~bilitatian Prcjects funded by the Cg"~unity Development Block Grant (CDJ;!iG) program Members of the Council~ REPORT IN BRIEF Council action is requ~sted to approva the attached agreements for CDSG funded projects bet~een the City of Palo Alto and 1J Adolescent Counseling Services (formerly Palo Alto Adolescent services corp.) for structural and roofing repairs to Caravan House, a group home for at-riSK adolescents, located at 2362 High street, Palo Alto, CA: $39,000; 2) Community Association for Retarded, Inc. for renovations to the Betty wright th.erapeutic s'Wimming facility, located at 3684 Middlefield R~ad, Palo Alto, C~: $64,735. BACKGROUND On May 20, 1991, Council adopted Resolution No. 6987 (Attachment 1) appro~ ... ing the use of CDSG funds for fiscal year 1991/1992~ Items 14 and 17 of that Resolution approved and authorized funding allocations for the above identified capital improvement projects. Funds .for these projects have been reserved under the City's Letter of Credit and Grant Agreement with the u.s. Department of Housing and urban Development (HUD). CMR:ll.l~93 .. PROPOSED AGREEMENTS staff has provided the aqencies with technical assistance to ensure compliance with the applicable federal regulations relatinq to procurement and bidding procedures for contractors and federal labor and prevailing wage requirements. ~he apprcpriace environmental clearances have bee.n secured for each project, and the approved -Request for Release of Funds· certificates havQ been received from HUD. Each agreement includes a scope of Services (Exhibit AJ, Federal Assurances C~~ibit B), Promissory Note (Exhibit C), and certificates of Insurance (Exhibit D:. Ths city/s CDBG contributions to these projects will be evidenced by a promi~sory note ~hen all the funds have been expended. RECOMKE!lDAT lON starr recommends that th~ City council approve the agreements with Adolescent Counseling services and community Association for Retarded~ Inc., and authorize the Mayor to execute the appropriate documents. R~ectfuIIY 6ubmltted, ~l!de;./~ su E RI IlARDS 'C'I;) coo~n&tor \ jA------.. . ifu ~E FLEMiNG iCity Manager i '~achments : 1) 2) 3) KENNETH R. SCHREIBER Director of Planning and Community Environment City Council Resolution No. $9B7 Agreement vith Adolescent counseling Services Agreement with community As~ociation for Retarded CC: ('1,1/0 attachments) COBG Citizens Advisory committee Adolescent Counseling Services Comm~ity Associatt~n for Retarded CMR: 111: 93 p. \CMR\AGMSCDBG 1/4/93 Page 2 RESOLUTION !fO. 69 e 2 RESOLUTION OF T"'AE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE USE OF COMMDNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCALiEAR 1991-1992 WHEREAS, on November 17, 1988, the Palo Alto city Council adoptee! a three-year federal community Development Block Grant (-CDBG"l Plan £or fiscal y~ars 1989-90, 1990-91 and 1991-92~ and ~cmREAS, the 1991-92 CDaa funds are proposed to implement the following programs; and ~~S, potential uses of CDBG funds have been evaluated in light ot thE: Tl·,aeds of the community, as identified in the tJ..ree­ year COBG Plan and the recommendations and comments of the Citizens' Advisory Committee and other interested citizens; and WHEREAS, the Finance and PUblic Wor-ks committee and the City Council have held advertised public hearings on the proposed use of the CDBG funds tor fiscal year 1991-92: and WHEREAS, highest priority income persons; it is the intent of this prog::-am to give the to activities which will benefit low and moderate NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows~ gCTION L The use of CDBG funds for ti.e lS91-92 fiscal year is hereby appr-oved and authorized for the following programs: 1. Catholic Charities of Santa Clara County~ Long Term Care Ombudsman . Program. Complaint investigation and advocacy eervices to Palo Alto's elderly residents living in n~rsing and residential care facilities. Citywide. 2~ Community services Agency of Mountain View. Senior noontime hot meal and socialization program to promote independence and self-s~fficiency. Citywide. 3. Emergency Housing Consortium. Homeless shelters. Temporary emergency shelter and supportive services fo~ nomeles~ individuals and fCl.!nilies throughout Santa Clara County. CitYliide. 1 $ 9,689 2,500 15,000 \ 13. City ot Palo Alto. Senior Center Seismic Upgrad~. Partial funding tor the design phase of the structcral strengthening project tor the City awned building where the Senior center is located. 450 BrIant. 14. community Association for Retarded. Renovations and improvements tor the Betty Wright s~im Center, which provides therapeutic swim opportunities to area residents with disabilities. 525 E. Charleston. 15. Lytton Gardens. Emergency generater. Renovation to provide tor an emergency back-up generator for the facility, 'Which operat".es 318 affordable rental units for seniors and a 126 bed skilled nursing facility. 656 Lytton Avenue. 16. Mid-Peninsula Support Network for Batter~d Women. Renovations to shelte.r .facility occupied: by wcmen and their children, which will upgrade the heating, cooling and lighting . systems. 200 Blossom. Mt. View. 17. Palo Alto Adolescent Services Corporation. Caravan House Repairs. Various major repair and maintenance projects at the residential facility which houses emotionally or behaviorally disturbed adolescent gi~ls. Improvements include st~ctural repairs, termite and dry rot·damage, roofing and electrical repairs. 236~ High st. 18~ Lanabank/Rental Hvusing Acquisition Program. Acquisition .of land and/or r~hab~litation of existing rental units ~or low income individuals or families. citywide. 19. peninsula Children's Center. ;'I051j bdc 0020164 Fire Alarm System. Installation of a centralized tire alal~ system to the facility, which provides special education and mental health programs for severely disturbed children, adolescents and their families. 3860 Middlefield Rd. 3 40,000 64,735 67,592 20,000 39,000 313,000 15,770 SECTION 4. city staff is hereby authorized to submit the appropriate application forms for the 1991-92 CDBG funds, with such money to be used as indicated in the adopted 1989-1992 COSG Plan and as set torch in this resolution, and the Mayer, City Manager and any other appropriate City staff or officials are authorized to execute the appliGation tOrMS and any other necessary d~uments to secure the fl,mds. ~ECTION 5. The city council hereby finds that the project will bav~ no significant er.vironmantal impacts, as shown in the negative declaration adopted in connection with the project. INTRODUCED AND PASSED: May 20. 1991 AYES: Andersen. Fazzino, Kniss; Levy, McCown. Renzel. Woolley NOES: ABSTENTIONS: ABSENT: SutClrius I Cobb /' { iU':;;;:D AS TO CONTE~T~ j)l2z~ Human Services Administrator 5 \ • " -~ " ~" ,-'i~ ~,.~ AG1\ZZKElI'I' BETWEEN 'nIE Cl:TY OF ?ALO ALTO Alo-n ADOLeSCENT COUNSELING S~RVICBB TO ~ECONSTRUCT AND RElIAl!UIrM'Z A BUILDING WITH FtJNI)S ALLOCATED DURING FISCAL YEAR 1991/92 UNDER ~NE COMMllJUTY DEVE!.OPKEII'l' BLOC:< GRANT (CDBO I PROGItAH Pt1Jl8'OA1tIT TO THE HOUSING AND COHMtTNITY DEVELOPKEBT ACTS CF ~97', 1977, 1983, 1985 AND 1987 I AS MENDED ,THIS AGREEMENT ("}.,gree.lDent"J is made and entered into this day of • 19 by and between the CITY OF PALO ALTO. -amunicipal corporation-y"CITY") and ADOLESCENT CQUNSELING SERVICES, a california nOTlprofit corporation (Taypayer Idantlfication No. 51-0192551) '''BORROWE.~"). R Bel T It. L S ~'"HERBAS, CITY ~.nnually receive.s funds from the United States of America under the Community Development Block Grant Proqram (-Program") for the purposes of supporting, financially, loti and :moderate incoille persons throl.i.C;h hOUSing and public facility rehabilitation efforts; and WHEREAS, CITY wi~hes to grant funds to BORROWER for the purposes set forth in thi~ Agreement, and any eXhibits thereto; NOW, THEREFORE, in consideration of the fcllowing covenants, terms and conditions, the parti~s agree: KeTION 1. Term of ~e Agreement. This Agreement shall commence on July 1, 1991 or on the date of receipt by CITY of the written authorization by the United States D~partment of Heusing and Urban Development ("HUO") to expend funds for tho::! purposes of this AgreeItent t whicheVer is later, and shall expire on June 30, 2001 1 unless sooner terminated by a party hereto. Scop~ of Se;:yl~. BORROWER shall perform construction and rehabilitation project ("Pl.-oject ll ) services with respect to the building facility (npacility"), as more fully described in Exhibit A. SECTION 3. CDSG Condl,_tio7)s and As~urances. This Agreement is subject to the agreements between CITY and HUO on behalf of the united states of America pertaining to the Pro9ram and all laws, rules j regulations I policies~ guidelines, and requirements with respect to the acceptance and use of federal funds under the Proqram, including the Communi tj' Df':velopment Block Grant assurances set forth in Exhibit B. 1 ~, .. . ' ~~ L SECTION 4. ~~, Funds and Security. CIT1 shall grant BORROWER ~ sum of money in ah amount not to exceed Thirty-Nine Thousand and no/lOO dollars '$39,000.00) for the purposes set forth in section 2 and Exhibit A. Payme.nt of such sum shall be 8videnced by a promisso~y note (-Note") and secured by a short form dee.d or trust and a.ss ignment of rents {"Deed of Trust-) on the Fa~ility and the propeLty on which it is located. The payment of the sum, and any part thereof, granted and adva.nced hereunder shall be made contingent upon t and, at the option of CIT¥, shall become i~ediately due &nd payable upon, the occurrence of any of the follo~ing conditions: (a) The :failure by BORROWER to commence the Project services or to complete the Proj ect services set forth in Section 2 and Exhibit A within the time permitted or, it none is stated, within a period of two (2) years after the date of this Agreement; (b) The sale, transfer, or other dispcsition by BORROWER of the Facility 'li'ithout the prior written consent of CITY prior to the expiration ot a period of ten {~O) years after the date of this Agreement; (c) A use by BORROWER of the Facility .. prior to the expiration of a period of ten (lO) years after the ~ate of this Agreement, which violates the applicable provisions of CITY'S Charter, ordinances, or regulations, or which is not an "eligible activity" under the Proqram of the Housing and Community Development Acts of 1914 and 1977, as amende~. and the regulations issued pursuant thereto, by HUn, or a successor agency; and (d) An uncured default under this Agreement, the Note, or the Deed of Trust. The funding of any part of the sum conditionally granted hereunder ~ill not remain conditional, provided that none of the conditions set forth in the preceding paragraph have ~ccurred. At CITY's option, whenever the SUIll or any part ,thereof becoID!:!s an unconditional payment to BORROWER, CITY shall confirm the uncc~­ ditional nature of such payment to BORROWER in writing, however, CITY's failure to do so shall not ~Q ~ constitute a waiver of any term on Which BORROWER's obligation to repay is conditioned. As a condition precedent to CITY's obligation to commit or release funds to BORROWER under this Agreement, to the extent required by HUD, CITY shall complete an environ~ental review of the Facility, activity, or program hereunder, shall satisfy all environmental r-equirell',ents fot' such Fa.cility, activity, or program hereunder, and shall secure all appropriate authoriZations to c&nstruct or rehabilitate the Facility or engage in such activity or proqram. 2 • SECTION 5. aatusmnof Borro\oiler. BORROWER shall maintain its status as a nonprofit cQrporation under th~ Nonprofit Public Benefit Corpcration La~ o~ the State ot california, as amended, during the repayment period set forth in tha Note. BORROWER shall not be considered an egent or employea of CITY for any purpose but as a debtor of CITY whose obligation is evidenced by the Note~ SECTION E. BORROWER shall m~,intain fCtr not less than three P) years after the expiration or sooner tennination of this }-.greemen"C. confidential records of the prier rEsidence addresses, economic &tatus, and ethnic bacKground, among other data, of all persons benefitinq trom the Facility. All such data shall remain confidential with the exception that it may be disclosed to authQrized personnel in a statistical form sufficient to dete~ine compliance with the Agreement. BORROWER shall maintain and report, upon request, all infornati~n required by feder21 or state laws. BORRO~ER shall rep~rt, annually, .ithin thirty (30) days of the anniversary date of the-Note, a T~nant Survey Form, provided by CITY. SEC'rION 7. Program Ir,come. BORROWER shall record., leport and return to CITY in accordance 'With the pro'\TisiofLS of 24 ern 570.504 r as amended, al'.y receipt of Program income l as such term is defined in 24 CPR 570. SOO(a), as amended, whicn is qenerated by the use of funds: qranted by CITY under this Agreement. SECTION B. BORROWER shall hold CITY, its Council Members, officers and employees harmless tro~ all liability, loss or damage arising OJt of any injury to any person or property occurring in, on, or abOut the F~cility, except that CITY shall be liable to BORROWF~ for damage resulting fr~m the gross negligenc~ or ~illful acts or o:nissions of CITY or its authorized representatives. CITY shall holo. BORROWER harmless for-all damages arising out of such injury. A party's obligation under this paragraph shall be linited to the sum that exceeds the amount of insuranc~ proceeds, if any, received by the party being indemnified. SECTION 9. Insurance. BORROWER, at its sole cost, shall maintai~ public liability, personal inju:r:y and property damage insurance W'i th a single combined lind t. of not less than .five hundred thousand dollars ($500 /000), or such coverage as is more fully set forth in Exhibit D, insuring against all liabi 1 i ty of BORROWER and its authorized representatives ar ising out of or in connection W'i th BORROWER's purchdse and use of the Facility. Such insurance shall 3 I . . ~ ins~re perfcrmanc~ by BORROWER of the inde~nity provisions hereof. Both CITY and BORROWER shall be na:rned ZlS additional irlsured, and the policy or policies shall contain cross-liability endorsem~,nt.s. SECTION 10. lu;sigTlJ!lent~ All rights granced hareunder are persol'lal to BORROWER, and arc not aSSignable or tra~sferable absent the prier written consent by crT\' t and any attempted assign~e.nt thereof shall be void. BORROWER shall notify each holder ot a lien or encumbrance on the rea::" property purchased hereunder I or the impr-ove.ments thereto, in writing, no less than thirty (30) days prior to imposi­ tion of any such lien or enCl,Unp.l'ance. SECTION 11. Revi~w and d~and for assurances. The city Manager, or his or her designee, from time to time, may inspect the Facility and the real property described herein and. consult with BORROWER for the purpose of determining compliance 'With the terms of this Agreement and the Note. The right of r~asonAble access at reasonable times to the Facility ~nd the real property on which it is located for such purposes is hereby gratlt.ed to CITY. SECTIQN 12. ~urance of BORROWER BORROWER certifies that: (a) It possesses the legal authority to receive federal qrant funds, and to ca~ry out t~~ proposed program assisted there­ by. (b) It has duly acquainted itself with the funds application, including all understandings and assurances contained therein, and has directed and authorized the person identified as the official representative of BORROWER to provide such additional information as may be required hereunder. (c) It has consented to the jurisdiction of the federal courts for the purpcse of enforcement of its responsibilities imposed hereunder. (d} It 'Will give maximUln feasible pr iority to activities which 'Will benefit low and moderate-incume families or aid in the prevention or elimination of slums or blight. SECTION 13. £.9nfidentiality of _:J:nformatio:,. CITl and BORROWER agree to ~aintain the confidentiality of any information regarding applicants (or their families) tor services offered by BORROWER pursuant to this Agreement which roay be obtained through application forms~ inte~vie'Ws, tests, reports, trom public ag~ncies or counselors or any other source. Without the permission of the applicant, such information shall be divulged only as necessary for purposes related to the performance or • • J l I ·' / evaluation of the services and work to be providaa pursuant to this Agreement, and then only to persons having responsibility under the Agreement, including those furnishing services for t:le Project u.nder a liiubcontra~L EXECu~ED ~y the parties in Palo Alto~ California on the date first above written. APPROVED CITY OF PALO ALTO city CIE!rlic APPROVED AS TO FORM: Sen10r Asst. c~ty Attorney city Manager Cl.ty Auditor Director of Finance Director of Plann~nq and comm~nity Environment Ma~agerT Real -property Mayor APPROVED ADOLESCENT COUNSEL1Nc SERV1CES BY:kr.Jt3~ Title:_~J)~ 5 • '. 1. I , ·/' EXHIBIT A ADOLESCENT COUNS~LING SF.RVICES, CARAVAN HOUSE SCOPE OF SERVICES Activities to be Performed A. Direct Services construction Project summary ---------..::...----_. INC. The project will consist of renovations to Caravan House, a single family residence located at 2362 High Street in Palo Alto that serves as a group home "for at-risk adolescents. Renovations will consist of repairs to th~ roof and basic atructure as the. result of damage created b:f termites, dry rot, earthquakes and general area settliT'lqj roof repairs, driveway replacement, electrical repairs, and interior and e~terior puintinq. COlrpetitive Bid Process The contractor shall competitive bid process. contain all elements requlations. be chosen through a The bid document shall required by the CDBG 3. Davis-Bacon wage Compliance The contractor selected for the project, as well as any sub-contractors, shall be required to comply with all applicable federal prevailing wage requirements. B~ In-Direct Services 1. A~tivities at Proposed Facility Caravan House is an adolescent residential t"acility established to provide a healthy, safe, nurturing environment for troubled or runaway teens. Placement in the facility may be by parents, tr_e Department of Social services, or the Juvenile Probation Department. Up to six adolescents at a time receive individual, group and family counseling as well as daily support and supervision from staff during the average six to twelve month stay. 2. Reports and submittals A..TI annual report, stating the number of clients served by the facility, the age, ethnicity and number of clients who are 10\01' and very 10\01' income, 6 • shell be submitted to CITY on an annual basis for the duration vt the Lien Psriod. This report shall be due by AUgust 31 of Each year and shall cover the i~edi4tely preceding fiscal year. Very Low and I~v Income Determi~ation To remain an eligible i!ctivity unde.r this ACRE.EME:.'iT, at least 51' of t!1e Clients %bust be of Very Low and Low income, or included in a npresumed bene£it-group in accordance ~ith cosc regulations. 7 In EXBIlln' B COMMtJlIl:T1! llEVEI.OPl<B>I'r BI.OC'; PII.OGIlAK ASSURANCES In providinq the services and work set for-t."l in the Agree'Illent l BORROWER covenants and !lgrees to execute the rehabilitation and construction work on the Facility in a manner 'Which ..,i11 p~rmit CIT~ to fully comply with, and BORROWER shall strictly adhere to, comply with, and take all necessary ~easures to effectuate, the followinq covenants and COGS assurances: 1~ Civil rights ana non-discrimination la~s. a. Title VI of t~e Civil Rights Act of 1964, as amended, and regulations issued pursuant to 24 eFR Part 1, which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be clenied the ber,efits of I or be otherwise subjected to discrimination under any program or activity funded, in whole or in part, wi~h federal financial assistance. b. Title VIII of the Civil Rights Act of 1968, as amended, and i~plementing regulations when published, .hich provides for the administration of all proqrams and activities ralating to housing and community development in a manner to affirma~ively further fair housing. c. Section 109 of the Housing and community Development Act of 1974, as amended J and regulations issued pursuant to 2~ CFR Part 570, which pr~vides that no person in the United states shall on the ground of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded, in whole or in part, 'With federal fina.ncial assistance. d4 Section 3 of the Housing and Urban DevelopmE'nt Act of 19!-8, as amended, and regulations issued pursuant to 24 CFR Part 35, which re~~ires that to the greatest exter.t feasible opportunities for training and employment be given to persons with 10\11 and moderate ir.comes residing in the Project area benefitted by federal financial assistance, and contracts for work in connection with the project shall be awarded to eligible b~siness concerns ~hicn are located in, or owned in substantial part by persons residing in, the vicinity of the P'toject. e. Section 504 of the Rehabil i..tation Act of 197.3, as amended # and implementing regulations when published. f. The Age Discrimination Act of 1975, as amended, and 1 - -;;. <i;.;~~ , impleroentinq requlat£ons ~hen publisbed. g. The Americans with Disabilities 1>.ct of 1990. as arnendad~ and implementinq re~llations when published. h. The -American stak1dard Specifications !or Making Sui ldings a:r.d Facilities Accessible tc and Usable by, the Physic3.11y Handicapped," Nl.,;,mber-A-117.1-R 1971, subject to the exceptions contained in 41 CPR 5 101-19.604, which requires e"er}~ ooi!ding 00: facility (other than .a. privately cwneG. residential structural) designed, con$tructed, or-alter.ed 'With funds provided under 24 eFR 570 to ba accessibl~ to persons with physical disabilities. i. 'I'hli: Hous.inq and community Development Act of 1977, as amended, and the Uniform Relocation Assistance and Real Property Acquisition Policie~ Act of 1970, as amended, and the implementing regulations when published a j. The uniform ad~inistrative requirements (including the cost and procurement princlples) set fCI'"'th in 24 CFR Part 85 and OKS Circulars A-87~ A-l10, A-122, A-12B and A-133, which relate to the acceptance and use of federal funds bj" non­ profit organizations, and which require an agency receiving in excess of $25,000 in HUP grants to obtain at its own expense an audit that complies with the requirements of OMS Circular A-133. k. ExecutivE'. order 110063 and regulat:.ions. issu.oad pursuant to 24 CFR PB,rt 107, which provides fer equal opportunity in hOlJ.ainq and nondiscrimination in the sale, leasing, rental or ether disposition of housing built with federal financial assistance. 1. Execu.tive order 11246, as amended by Executive Order 11375 and Executive Order 12086, and regulations issued pursuant to 24 CFR Part 130 and 41 eFR Part 60~ which provide that no person shall be discriminated against on the basis of race, color, r~ligion, sex, or natiQnal origin in all phases ·~f Employment during th~ performance of federally-assisted construction contracts. BORROWER further covenants ",i th respect to the. foregoir.g ass~rances that; A. I~ the sale, lease, rental, transfer or other disposition of any real property on IN"hich the Facility is located, BORROWER shall include or cause to be included in any aced of trust. mortgaqe l inde!"lture, or "ther instrument of legal encumbrance ("Encumbrance~l a covenant running with the land, prohibiting discrimination upon tha basis of race, coler, religion, sex, or national origin, in the sale, lease, rental, transfer or other disposition of such land or any improvements erected or-to oe erected the~eon, and providing that BORROWER and the United Stdtes of America (HUD) ar~ beneficiaries of 2 92! i I I ... ~ (l(l702!6 and entitled to pnforce such covenant. B. BORROWER shall taxe action to affirmatively further fair housing in the sale, lease~ ren~al, transfer or other disposition 'Of housing, the financing of housing, an'd the prevision of brokerage services. (1) BORROWER sha~l certify and agree that BORROWER is under no contractual or other disability which would prevent BORROWER fro~ complying with these requi~ements. (2) BORROWER shall send to each ~abor organization or loior)cert:>1 representative with which BORROWER has a collec­ tive bargaining agreeme~t or o~her similar contract, if any, a notice advising such organization or representa­ tive of BORROWER's commitment under section 3 of the Housinq and Urban Development Act of 1968, as amended, and shall post copi2s of the notice in conspicuous places available to employees and applicants for employment or training. c. BORROWER covenants to take ~ffirmative action to ensure fa.ir tre.atme.nt in all phases of employment, training I ap­ prenticeships, promotion, demotion, and transfer, and re­ cruitmant or recruitment advertising. 2. Federal political and conflict of interest laws. a. The Anti-Racketeering Act (also kno'olln as the Copeland Anti-Racketeering Act" as amended, and regulations issued under 29 CPR Part 3, ~hich prohibits kickbacks in construction ~ork funded ~ith federa~ financial assistance~ b~ The Hatch Political Activity Act, as amended, and imple­ mantinq regulations when published, which prohibits the use of federal tuncis for ~obbying activities. BORROWER further covenants that: A. BORROWER ~ill establish safe~uards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those vith whom they have f?~ily, business, or other ties. B. BORROWER will not use the assistance provided under the Agreement in the payment of any bonus or commission for the purposes of obtaining HUD approval of the application for such assistance, or Htrn approval of applications for additional assistance, or eny other approval or concurrence of HUe req'.Jired under-this Agreement, Title 1 of the Housing ann Community Development Act of 1974, as amended, or applicable HUD regulations. Reasonable fees or bona fide technical, con­ sultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if their costs are J \ othe~ise eligible as a COGS ?rogra~ cost. c~ BORROWER ~ill not admit any member of or delegate to the C-:>.ngress of t-.he United States or any Resid.ent Commissioner to any share or part of this Agreement or to allow any benefit to ari~e from the same~ ::I. Fec.aral labor and employment hws. BORROWER covenants that: A. BORROWER viII co~ply with 8.11 appl icable feoeral labor laws, regulations, and standards which require contractors ~n9a9&d under contracts for ~he construction, completion, or repair Qf any building or work fina~cedJ in whole or in part, with assistance provided under this Agree~ent, including all HUO requirements pertaining to such contracts and the appltL::able requirements of the regulations of" the United S~ates Department of Labor under 29 CFR Part 3, 29 CFR Part 5~ and 29 CFR Part Sa, governing the p~yment of ~aqes and the ratio of apprentices and trainees to journeymen. If state or local law wage rates are hiqher than those required under the federal regulations, nothing hereunder 1s int~nded to relieve BORROWER of its obligation, if any, to re~~ire payment of the hiqhe~ rates. BORROWER shall cause or ~eq~ire to be inserted in full, in all s.uch contracts subj<:!ct to such requlation$, pr~visions meeting the requirements of 29 CPR Part 5.5 ~~d~ fQr such contracts in excess of $10 1 000, 29 CFR Part Sa.3. No award of contract covered under the Aqreement shall be ~ade to any contractor who is at the ti~e ineligible to receive an award of contract under the. applicable regulatitms Qf the united States Departme~~ of Labor. 4~ Environmental and energy laws. a. Section 1Q4(h) of the Housing and Community Oevslopment Act of 1974, which prohibits the release or commitment of funds to any persem: unless an appropriate environmental review has been conducted for the activity o~ program being tunded, all other environThental requirements fer the conduct of such activity or program have been sat.isfied, and all proper authorizations to proceed with su.ch activity or program have been received from HUD. b~ Section 106 of the National Histori~ preservation Act, as amendad, Executive Order 11593 1 and implementing regulations when published, and the provisions of 16 U.S.C. S 459a-l, relating to the threat to p~Ehistoricalf historical, or archeological data by federal construction projects, When performing environmental assessments under the National Envi­ ronmental Policy Act of 1969, as amended. ar.d implementing regulations when published. c. Section 114 of the clean Air Act, as amended. and implementing regulations when published . • 911;<il t&, OOr0a6 t i t: , \..i , , , I , , ~I J d. section Joe of the Water Pollution Control Act, as a~ended, and implemer.ting regulations ..,hen published~ e. The provisions of' 24 CFR Part 35, as amerlded, .,..hich provides that no lead-~asad paints shall be used in construction or rehabilitation ~ork performed under projects funded with federal fin~ncial assistance. f~ The provisions of 24 CFR Part 39, as amended, which pro­ vides that the perfo~ance of rehabilitation ~ory. shall conform to HUD '=:nergy standards for cost-effectiveness. q. Executive Order 11296, as regulations f,r,'hen publ ished, 'Which flood hazards. amended, and implementing relates to the eValuation of h. Executive Order 11288, as amended, and implementin~~ regulations when publish~d, ~hich relates to the prevention, control, and abatement of water pollution. BORROWER further covenants that: A. BORROWER's Facility w~ll not be included on the "List of Violating Facilities" issued by the united States Environ­ mental Protection Agency (EPA) pursuant to 40 eFR S 15.20. B. BORROWER will gi'.re prompt ::'lotice of any notification received ~rom the Director, Office of Federal Activities, EPA, that the Facility is under consideration to be listed on the ~Li5t of Violating Facilities.-All nonexempt subcontracts concerning the Facility shall include tr.e provisions of this paragraph. C. BORROWER will cooperate fully in any federal enforcement a~tions instituted pursuant to applicable statutes or regula­ tions. 5. Miscellaneous provisi~ns. a. BORROWER will giYe Hti'!) and the United states Controller General through any authol'ized representatives access to and the right to examine all records, bocks, papers, or documents related to the receipt and use of CDG~ grant funds under this Agreement. b. No officer, employee or agent of CITV who eXErcises any functions or responsibilities with respect to the services and work to be provided by BORROWER pursuant to this Agreement during his or her tenure or for one,(1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 5 • - EJDlIBIT C 'fROMISSORY NOTE SECt1II.ED IIY SBORT FORM DEED OP TRUS~ AND ASSIGNMENT 07 RENTS Date: Palo Alto, California FOR VALUE RECEIVED r -=-r' a cor~ration organized under the Nonprof1t PUblic Senef1t corporation Law of the state of California ("BORROWER"), promises to pay to the order of the City of Palo Alto, a charter city an~ a municipal corporation ("CITywl, the principal sum of dollors ($ at the office of Revenue Collections of th.e City of ·P"a'"'1"o::-,..;-;-1+tC:o:-,---C2'5<O Hamilton Avenue, Pc O~ Box 10250, Palo Alto, CA 94303, or at such other place as CITY may from time to time designate, with interest from ~e date ot this PROMISSORY ~OTE SECURED BY SHORT FORM DEED OF TRUST AND ASSIGNMD-rt OF RENTS (IlNote"J, until paid, at the r-ate of ______ percent (_') per year on ths unpaid principal balance. This Note is secured by a deed of trust entitled ·S60RT FORM DEED OF TRUST AND ASSIC.NKEl."T OF R~"TS'I {"Oeed of Trust") of even date he.rewith on BORROWER'£ prcperty located at _____ _ -( "Fac~lity") . This Note is ~ade in conne~tion yith an agree~ent entitled 'AGREEKENT BET"EEN THE CITY OF PALO ALTO AND TO RECONSTRUCT AND REHABILITATE A BUILDING WITH FUNDS ALLOCATED DURING FISCAL ~EAR UNUER THE cc!o!MUNITY DEVELQPl<ENT BLOCK PROGRAM PURSUANT TO THE HOUSING AND COMMUN1TY DEVELOPMENT-Jo.CTS OF 19074, 19T'j, 1'333, 1985 AND 1987, AS AMENDED" {·Aqreement~)~ The Agreement provid~5 that BORROWER is thp. recipie.nt of ce.rtain Community Develor-ment B;lock Grant ("CDGB") funds designated for certain costs, including, ~ithout limitation, architectural, engineering, plan ~eview, and development fees and related construction costs for the Facility~ Any amounts advanced unaer this Note shall, at the option of CITY, become inllnediately due and payable upon the occur~enC'e of any of. the following~ (a) the failure by BORROWER to commence the scope of sarvices or to complete the 5c~pe of services set forth in the Agreement ~ithin the time permitted ~r, if none is stated, ~ithin a period of ( __ 1 years after the dat~ of the Agreeme~tj {b) the sale, transfer, or other disposition by BORROWER of the Facility without the prior written consent of CITY prior to the expiration of a period of () years after the date of the Agreementi (c} a use by~OW~of the Facility, prior to the expiration of a period of ( ___ ) years after the date of the 1 • Agree!Ilent, ... hich violates the applicable provisions of CITi'~s Charter, ordinances, or regulations, OL which is not an "eligible acti vity" under the eDGe program 1.,)[ the Housinq and Community Development Acts of 1974 and 1977, as amended, and the regulations issued pursuant thereto by th~ United States Department of Housing and Urban Development~ or successor agency; and Cd) an uncured default under the Agreement, this Note, or the Deed of Trust. Subject to the terms of the Agreement, the entire principal balance shall be considEl!red paid in tull iC on , the contingencies set forth in subparagraphs ~-(b); cc) and (d) a~~re have not oc.curred. BORROWER, any endorser of this Note, and any others who may become liable fer all or any part of the obligations evidenced by tnis Note mag prepay all or any portion of the principal sum of this Note, without penalty. Any and all payments made hereun~er shall be credited, first, on the interest then due and, the remainder, on the ~rincipal b~lance, and interest on the principal balance so credited shall thereupon cease. BORROWER, any endorser of this Note, and any others 'Who may becClIf,e liable for all or any part of the obligations evidenced by this No~e or thi~ Note, as amended, hereby individu~lly waive demand, presentment for payment, demand and protest, notice of protest. demand, and of dishonor and non-payment, and cons~nt to any number of extensions or renewals of time hereof. Any such extensions or renev.'als may he made without notice to any of the obligated parties and without affectinq their liability. The pleadinq of any &tatute of limitations as a defense to any demand ag8inst BORROWER is expressed waived by BORROWER. If BORROWER consists of more than O'-le persor. or individual, each person or individual sha!.l be jointly and severally liable under this Note. POlrn.O'W'"ER shall not further encumber, mortgage or subject the FaCility, or the real property on which it is located, or any i.nterest therein, to 8 deed of trust, mortgage. indenture, or othe.r documertt of legal encumbrance (individually. "Encumbrance" and jOintly, "F.ncumbrances·) .... ithout the prior writterl consent of CITY. Unless CITi' shall E:xpres;;ly aq:-ee otherwise, in \I.'riting, any Encumbrance affecting the Facility ~hall provide that, in the event of any default or breach by BORROWER under any Encumbrance entitl tng any party thereunder to d.ccelerate the indebtedness secured thereby and foreclose upon the Facility, (1) CITY shall have the right, but not the obligation. to cure the default prior to the completion of any foreclosure and reinstate the Erlcumbrancej or (2} pay the total ~npaid indebtedness secured by such Encumbran~e, in ~hich 6vent l such Encumbrance shall be released, cancelled, or otherwise reconveyed. Any amounts expended by r.IT'i under the conti:J.gencies set forth in Cl) or (2) of the preceding paragraph shall be reimbursed by BORROWER upon demand of CITi therefor, and, i~ any event, shall bear interest at the maximum rate permitted by Article XV, Section 1(2) of the california Constitution, as may be amended from time to 2 -.. ----- times from the date such amounts ~ere advanced by CITY until paid by BORROWER in fulL All such amounts j including interest and any penalty authoriz~d under the Agreement, this Note, or the Deed of Trust, shall be added to the principal of this Note~ ThE' approval by BORR.)\-.'S,R of any Encumbrance/ and tl'~e placing of a security interest therefor on t.he Facility, or any portion thereof I not containing the provisions of the preceding paragraph and this paragraph shall constitute a default under t.his Note. If any default is mad~ hereunder, BORROWER further promises to pay reasonable attorneysl fees and costs and er.penses incurred by CITY in co~~ection with any such default or any other action or oth~r proceecUng-bro'.lqht to enforca any ot the previsions of this Note. CITY's rj.qht to such fees shall not be limited to or by its representation by sta:ff att-orneys of CITY's Office of the City Attorney, and such representation shall he valued at the customary and reasonable rates for privat~ secto~ legal services. The relationship of CITY and BORROWER evidenced by this Note shall ~ deamed to be one ~f creditor and debtor and not of partnership or joint ventura. This Note may not be modified or amended except by an instrument in writin~ which expresses such intention of the parties sought to be bound thereby, and such writing shall be firmly attached to this Note and made a part thereof. Any failure of CITY or other holder to exercise any rights under this Note shall n,':'!t constitute a waiver of such rights or of any other riqhts under this Note. This Note shall be governed by and construed in acco~dance 'lId th the laws of the State of Califvrnia~ To the extent assiqnment of this Note is permitted by CITY, the terms of this Note shall apply to, inure to the benefit of~ and bind all of the parties thereto, their heirs, successors and assigns. EXECU~ED BY BOP~OWER on the date first above written~ 3 By' Name: Title: Address: -_ .... ------- (-) COR PORA T E RISK INS rn" of HI Desert Ins "I 1401' Park A"enut' #200 Vktorvllle, CA '2'92 ELK AOOLESCE!;T COUNSELING SVCS INC A.LA PAW ALTO AOOLESCENT SERVICES, INC. <1000 Mlddldlold !!Dad .JF1 Pal<> Alto, CA ).UOJ Lex l~I; lJ61 High Sb"etl., P.kJ Arto, CA '-4303 Loc 2-1: 480 F..asr M.idd~ Palo AI~o, CA '-4303 HUMAN SERVICES DII'ISION <.'TY OF PAUl "LTO PO BOX 10250 PAUl ALTO, CA. '4303 i;.AHlti!; D 1lON ONll' AHD • 'T'H.!: CERTFK:An HOLDER. T1fI! COllFlCl. Tf OR AL TeA 1lif COVERAGE AFFOfWEO Iv 1 HE COMPANIES AFroROIHG COVERAGE CAL COMP· PARTIClP" nNG ----- SHOUlD A.NV Of lHF M:lOliE DfSGFl16EO PCXICIES BE CANCHlE:D B(FOf1l THE EXPIR.l.TON DATE THtHEOI' TKf tSSt.JI'OG, COMPANY Wilt ENDEA'JOR 10 M,I,ll J~ L:l.AYS "lAmE" NOTICr l() l"If CERTIf~ATE I"IOL.Of," NAt.ECll0 THi LlFT, SlJT F.~UIl[ 10 WIL SUC"t NQTICF SKALI ~POSE NO 080C;Al'l(J;.j OR UASI1.[n Of" u.y r,l:{Q lJf>or.. THf C,Ql.l.PAM,(, ITS t.G[-'o'1$ ~ REPAEse:N'To\TNlS EX,HBlT D 1--'·' i f'>-" -----~ (ACORD. ;. CERTIACATE OF INSURANCE l:..'WfI).Oo'tC~ I '-"~---...." ~ . -1~~UP~CE BY ALLIED EROKEPS 6 J) COWPER STREIT PALO ALTO, CA 94)01 - ""'--I AOOLESCENT COUNSELING SEJtV!CES PALO ALTO ADOI.F.scENT SERVICE CORRll'ATlON 4000 NlDDLEfIEW nOAD PALO AL'ro, GA 94303 COVEAAQ£S~~,'~~~,,-I~'~ 6/15/92 n:l::; CEFltll'l(;."'TE IS Issuec AS A 1AA.if£~ OF /NFOf'WoIIrlOfot 0Nl. Y ~ CONfEFlS ~ RIGt1!S iJ>'Of< THE: Ct'Rrl~lC"'lt: f<)tD(~. tHI:> Cf~TIf"ICATE OClCS NQr AMC.NO. OiENO OR At. 1E4'1 THE COVE-RAul:: AF~~Dt:C ev !H( "..OUC~ I!ELcwr COMPANIES AFFOROI"G COVERAGE NATTmML UNlOt: INS. (E&~) THIS IS 10 Cl;lUlFT THAT THE POliO£S OIF INSl''''''NCE L~TED EIt:;',()iIf\r WIVE oleN !::;S,Jt-D TO THE INSURED ,.. ...... Hl ABOVe-FOR T"'E POlICY ~FlH)O lH()ICATEO. NOTWl"JMST~»G "*' REOUIREMENT. ""RIoA ~ O~D'lTK)t.l ~ MJ,y C.OtHfV.C1 o~ O! 1-1:' R OOC:,IW'EN" MTI1 P.F,.!';PECT 10 WHIG'" '!-(I!,) CEAPACA!'E MAY lIE ;s5(Ji:D OA MAY pt;R"';A1N."TH'[ INSURAhCf; AFFQIolDllllII' THE F>OtlClF'S D£SCREOro I-lEFU::II" IS SUBJ£CT TO ALL rl"lE reAMS. EXCLUSKlH$ AND C()HOJnOHS Of SUCH POlIQ(S. UWTS SHOWN t.I,A" H.\VE P·U.N Rf:DUC[D BV PIIIO CLAJt.t5. i <0' "'I j GlHVUIl. u.ua.n,. ; ~ __ ) ~QOII:,IFW. t~nv i ! J Q.A,IioI:S IIUOEX OCCUR l i i ...... •• """'''''''''''' "',,, , I . ..i ~ .atn~ I.u.uun' j _ l.ut'1'iWTO C l.-u ()IIIWNEtI MIlOS L saBIUI.tD NJto& ; X 1_""" IX ~AUJO$ j _ I GMIoOE ~m , '. j UauUAllUM i I i _ j 0,::>0 ~~£u..A10IW i 1'0(.1(:'( (rn C'Nl I'OlOCI' t'M/U\ t ....... C"'Tl~1 D&Tf;><"'lXIf\')') 7/1/93 RENEWJ.1 Of MLP526)708 7/1/92 7/1/93 GfN£IU\4....:-.c~(J.1E 11,000, .....-.x.>UCiS.COIoo",(j"S~~t[ 11,0.00, .t>l."SOHAl • , • .oVUU·~>'NG ,t.." .... ..-I 1 .000, ~..o< OC<:.V'<1<lN(;t: • 1, 000, r_<t: ONolII;(i~ I.....,. ..... N<!'1 • ,70, lI.If_tiIC.A.l E~"t. .. SS I....,. __ ..... ; .. EXCL. ~=(~tl I 1 ,0':::0, \~I{ .,.,., . -, tp"_-I ""'" , ~~ . ,""'-' """""~ ,-~ SI&n,llOft)' (tA(:H ACCIUV('1 ! ~-I'()UCV l"",f] I i OrHU A. DUIWLNG BUS. PEru;. PROPERTY C£.RTI.FlCJ\. TE KOLDeR: _ . CITY OF PALO ALTO REAL ESTATE DEPT P. O. !lOX 1Q270 PALO ALTO: CA 94)01 • (O<5£A.i.E-(_Cl< ~"'F'\.OY[J 1 RENEWAL OF Ml.F')26]?08 7/1/92 C""'CELLAT~ON 7/::'/')) $126,((J\.~ ... ith $)oOJ)O DED. 25,0~).with 500.00 DED SHOL'LD ,., ~y Of-HIE AOOVE. DE.SCRjO( CI f"CUCj(.:';' DE CANCEU r: 0 fU..fORE. THE O."lruU~ DAlE. lfl[R.[CF, THE 15.5L'ING COWF'AN'I" W'lt. £ND<:A\lO~ '!"o IoMIL2Q __ D"-YS W,,\T1ll-j ';Qnc.E 10 THE CI:.>,>.\f\C,l,.lE. Ko\O<::fI " ... M£D TO T)-'\£ LETT. aUT FArLL!;lC 10 l.A!'IlL S"IC.f< NonCE SHALL rMF'OS~ "'<l Oilll(iloljO" OR U"'8~lITY OF A"~ 1\11.0 Lrf'Of.; n;( GUU~AI'OV. ITS "'6(I'OT:5 ~ ~E;P~E.SEI'OTArlY(S. I Ii I '. / ".' . AGREEKEJrr BB'I'lfgU THE C.ITY OF PALO ALTO AND COKXON~TY ASSOCIATION FOR RETARDED, i~C~ TO lI.EC01l8TlUlCT lIlfI) aEliJUlILITATE A Btl:n.!)lllG WITH FUNDS ALLOCATED DURIliG FISCAL YEAR l"1/t2 UNDER ~E COKKUHITY DZVELOPKENT BLOC~ G!lJ>NT (CODGI .ROGIlA!! PURSOANT TO !'Ell HOIlSIIiG ;um COMKtlJlC!TY DIBVELOPKB!IT ACTS OP 19 7C • 19 71 • 1'83, .1985 AND 1'8'1, AS AMENDED THIS AGREEMEN']' C-Agree:;nent") is made and entered into this day of , 19 by and between the CIT~ OF PALO ALTO,-a-manicipal corporation-r~CIT¥-) and COMMUNITY ASSOCIATION FOR RETARDED, INC., a california nonprofit corporation (Taxpayer Identification No. 94-1545643) (-BORROWER" J . RBCITALS WHEREAS, CITY annually receives funds ~ro&n the United states of America under the Community Development Block Grant Program ("program-) for the purposes of supporting, financially, lo~ and moderate income persons throuqh housing and public facility rehabilitation efforts; and WHEREAS, CITY vi shes to qrant funds to BORROWER for the purposes set forth in this Agreement. and any exhibits tneretu; NOW, THEREFORE j in consideration of the following coven~nt5, terms and conditions, the parties agree! SEC'rION 1. Term of the Agreement. This Agreement shall commence on July 1, 1991 or on the date Qf receipt by CITY of the vritten authori~ation by the United States Oepartment. of Housing and Urban Development ("HUO") to expend. fU!1ds for the purposes ot this .Agree.ment, 'Whichever is later, and shall expire on June 30, 2001, unless sooner terminated by a party hereto. S EC'£.1Q!L4. Scope of Services. BORROWER shall perform co~struction and rehabilitation project ("Project~) services wlth ~espect to the building facility (·Facility~j, as more fully described in Exhibit A. SECTION 3. CpBG Cot'lditions nJmd Assurat'lces. This Agreement is subject to the agreements between CLT~ and HUD in behalf of the United Stat~s of America pertairting to the Program and all laws, rules~ regulations, policies, g·l.lidelines~ and requirements with respect to the acceptance and use of federal funds under the Program, including the Community Development Block Grant assurances set forth in Exhibit B. 1 911205i ~ 0070U4 ..... ..•. _-'----- . SECTION 4. ~nt of FUDds and security . CITY shall grant. BORROWER a SU1:il. of money in all amount not to exceed Sixty-Four Thousand, Sever, Hundred Thirty-Five and nOJ lao dollars ($64,735.00) for the purposes set torth in section 2 and Exhibit A.. .Payment of such sum shall be evide.nc£d by a pro:cdssary note {MNote") and secured by a snort form deed of t~ust and assign­ ment of rents (ftOeed of Trust-) on the Facility and the property on which it is located. The payment of the sum, and ony part thereof, granted and advanced hereunder shall be made contingent upon, an~1 at ~~e option of CITY, shall become immeniately due an~ payable upon, the occurrence of any of the following conditions: (a) '!'he. failure by BORROWER to comroence the Proj ect services or to complete the Project serviCES set forth in Secti~n 2 and Exhibit A within the time permitted cr, if none is stated, withi~ a period of two {2} years after the date or this Agreement; (b) The sale, transfer, or other disposition by BORROWER of the Facility 'Without the prior written consent of CITY prior to the expiration of a period of ten tID) years after the date of this Agreement; (c) A use by BORROWER of the Facility, prior to the expiration of a period of ten (10) years after the date of this Aqre~ent, which vlol~tes the applicable provisions of CITY's Charter, ordinances, or regulations, or which is not an -eligible activity" under the Progra:!l'l of the Housing and Community Development Acts of 197( and 1977, as amended I and the regulations issued pursuant thereto, by HUD, or a successor agency, and Cd) An uncured default under this Agreement l the Nate, or the Deed of Trust. The funding of any part of the sum conditionally granted hereunder vill not remain conditional, provided that none of the conditions set forth in the preceding paragraph have occ~rred. At CIT.l's option, t.r.'her~ever the sum or any part thereof becomes an unconditional ~ayment to EORROWZR, CITY shall"confirm the uncon­ ditional nature of such payment to BORROWER in writing l however, CITY's failure to do so shall not ~ tacto constitute a waiver of any term on which BORRoWER's obligation to repay is conditioned. As a condition precedent to CITY's obligation to commit or release fUnds to BORROWER under this Agreement j to the extent required by HUD, CI'rv shall complete an environmental revie\lri of the Facility. activity, or program hereunder. shall satisfy all environmental requirements for such Facility. activity, or program hereunder, and shall secure all appropriate authorizat ions to construct or rehabilitate the Facility or engage in such activity or program. 2 status of BQrro'WE=f. BORROWER shall maintain ~ts status 3S ~ nonprcfit corporation. under the. NOnpL"ofit Public Benefit Corporation Law of the state of California, as amend~a, during the repayment period set eorth in the Note. BORROWER shall not be considered an age:nt or employee of CITY for any purpose but as a debto~ of CITY whose obligation is evidenced by the Note. SECTION 5~ Records. BORROWER £hall l'I'iaintain for not less than three (3) year-s after the expiration or sooner termination of this Agreement contidgntial records of the prior residence addresses, economic status, and ethnic background, among other data, of all persons benefitir~ from the Facility. All such data shall remain confidential 'With the exception that it may be disclosed to authorized personnel in a stat_istical form SUfficient -0 determine compliance wit-I-]. the Agreement. BORROWER shall malntai. and report, upon request, all information re~~ired ~y federal or state laws. BORROWER shall report, annually, .ithin thirty (30) days of the anniversary date of the Note t a Tenant Survey Form, provided by CITY. SECTION 7. Program Income. BORROWER shall record, report and return to CITY in accordance with the provisions of 24 CFR 570.504, 3S amended, any receipt of Prcqrsln income, as such term is defined in 24 CFR 570.500 Ca), as amended, which is generated by the use of funds granted by CITY under this Aqreeme'nt. SECTION S. !nd~mnification~ BCRRO~ shall hold CITY, its Council Members, officers and employees harlllle$s from all liabilitY", loss or damage arising out of any injury to any person or property occurring inion, or about the Facility, except that CIT'i shall be liable to BORROWER for da:mage resultinq frc!e the gross ne.gliger.ce or willful acts or omissions of CIT~ or its authorized representatives. CITY ~hall hold BORROWER harml~ss for all damages arising out of such injury. A party's obligation under this paragraph shall be limited to the sum ~~at exceeds the amoun~ of insurance proceeds~ if any, received by the party beinq indemnifiee . . SECTION 9. BORROWER, at its sole cost, shall rndintain public liability, personal injury And property damage insurance with a single combin.ed linlit of not less than five hundred thousand dollars ($500,000) I or such coveraqe as i5 more tully set forth in Exhibit. D~ insuring against all -liahility of BORROWER and its authorized representatives arising out of or in connection 'With BORROWER's purchase and use of the Facility. su(':h insurance shall l • ins~re performa~ce by BORROWER of the indemnity provisions hereof. Both CITY and BORROWER shall be named as additional insured r and the policy or policies shall contain crass-liability endorsements. SECTION...J.Q • All rights qranted hereunder are personal to BORROWER, ana are not assignable or tran$ferable absent the prior written consent by CITY, and. any attempted assignment thereof st.all be void. BORROWER shall notify each holder of a lien or encumbrance on the real property purchased hereunder r or the: improvements thereto, in ~iting, no less than thirty {JO) days prior to imposi­ tion 'Of any S".Jch lien or encumbrance. SEC1'ION 11. Review and demand for assura~. ~he City Manager~ or his or her desiqnee r from time to tilDe, may inspect the Facility a.nd the real property desc=-ibed he.re.ir~ and consult with BORROWER for the purpose of determining compliance with the. terms of this Agreement and the Note.. The right of reasonable A~ce5S at re~sonable times to the Facility and the real property on which it is located for such purposes is hereby granted to CITY, SECTION 1:;a~ Assurance of BORROWER B0RROWER certifies that: (a) It possesses the legal authority to receive federal grant funds r and to carry out the proposed program assisted there­ by. (b) It has duly acquainted itself with the funds application, including all underst&ndin9S and assurances contained therein, and has directed and authorized the person identified as the official representative of BORROWER to provide such additional information as may be required hereunder. (0) It has consented to the jurisdiction of the federal courts for the purpose c1 enfcrcement of its responsibilities imposed hereunder. (Q) It 'Will give ]!'!:aximum feasible priority to activities which ~ill benefit lo~ and moderate-incoee families or aid in th~ prevention or eli~ination of slums or blight. SECTION 13. COJJf igential i ty C'L..1...nfCl:nD.:ttion. CITY and BORROWER agrEe to maintain the confidentiality of any information regarding applicants (or their families) for services offered by BORROWER pursuant to this Agreement which may be obtained through application forms. interviews, tests, ~eports, from public agencies or counselors or any other source. without the permission of the applicant, such infcrmation shall be divulged only as necessary for purposes related to the performance or 4 • t' ., ~'. ( , -r,;- / e.~/aluation of t"he services and work. to be p:=ovided pursuant to this Agreement, and then onl~~ t.o persons having responsibility under the Agreement, including those furnisbing servic.cs for the Project under a subcontract. EXECJTED ey the parties in Palo Alto, California on the date first above ~~itten. APPROVED CITY OF PALO ALTO cl~y Clerk APPROVED AS TO FORK: senior AS5C. city Attorney ci ty .M8.nager city Aud 1 tor Di~ector of Finance Director of PlaTU~inq and Community Environment Manager, Real Property .Mayor 5 APPROVED CCloIMUNITY ASSNocrATloN FOR RETARDED, INC. .> EXHIBIT A COMMUNITY ASSOCIATION FOR RETARDED, INC. (CAR) BETTY WRIGH'l' SWIM CENTER RENOVATIONS SCOPE OF SERVICES 1. Activitias to be Performed A. Direct Services 1. cor.struction Project Summary_ The project will consist of renovations and improvements to the shower and dressinq area of the Betty wriqht Swim Center located at 3684 Middlefield Road l Palo Alto, CA 94306. The improvements ~ill maintain f~cility health and safety standards and increase the pool accessibility for Clients with disabilities. The project ~ill create a handicapped acce$sible vestibule entrance ~nd automatic doors, rehabilitate the shower area, resurface the floors, repair or replace the partition and plu:mkling fixtures as needed, a,nd install a specialized Ventilation system. 2. competitiv2 eid Process. The contractor shall be cnosen thro~9h a co~petitive pid process. The bid documen~ shall contain all elements required by the CDSG regulations. 3. Davie-Bacon Wage compliance~ The contractor selected for the project, as well as any sub-contractors, shall be require.d to comply ~ith all applicable federal prevailing wage requirements. B. In-Direct services 1. Activities at Proposed Facility The primary use of the Betty Wright SW'im Center at the CAR facility is to provide therapeutic swim opportunities and svimming lessons to adults and children with physical~ mental, educational, and emotior~al disabilities. 2~ Reports and Submittals An annual report, stating the number of clients served bjo" the tacility~ the age, ethnicity and • . )' . • ,. ,-'". number of clients who are low and veri low income, shall be submitted to CITY on an ~nnual basis for the duration of the Lien Period. 'rhis report shall be due by August 31 or each year and shall cover the immediately precediMq fiscal year. 3. Very Low and Low Income Date~ination. To remain an eligible activity under this AGRE~~, at least 51\ of the Clients must be of Very Lo~ and Low income t or included in a "p~esumed benefit-group in accordance with COBG rC!9ll1ations. EXHIBIT B COHMt1Hlr!" DEVELOPMENT J3LOCI: PROGRAM ASBURAl/CEB In providing the services and 'Work set forth in the .'greement, BORRDWER covenants and agrees to execute the rehabilitatioh and construction work on the Facility in a manner which will permit CITY to rully cOwply with, and BORROWER shall strictly adhere to, comply with, and t~ke all necessary measures to effectuate, the following coy-enants and COOB assurances: 1. Civil rights and non-discrimination laws~ a~ Title VI of the Civil Rights Act of 1964, as amended, and regulations issued pursuant to 24 CPR part 1, Which provides that no person in the United States shall on the ground of race, color, or national origin, be exclUded from participation in, be denied the benefits of, or be othel'W'ise subjected to discrimination under any program or activity funded, in whole or in part, with federal financial assistance. b. Title VIII of the Civil Rights Act of 1968, as amended, I!\nd imple!De!",tlng regulations ",,-hen published, which provides tor the administration of all programs and activities relating to housing and community development in a manner to affirmatively further fair housing_ c~ Section 109 of the Housing and Community Development Act of 1974~ as amended, and regulations issued pursuant to 24 CFR Part 5701 which p~ovides that no person in the United States shall on the qround of race, color, national origin or sex~ be excluded from pa.rticipatlon in, be denied th~ benefits of, 01' be subjected to discrimination under, any program or activity funoed, in whole or in part, with federal financial a6sistance. d. Section 3 of the Housinq and Urban' Development Act of 1968, as amended, and regulations issued pursuant to 24 CFR Part 35, which requi~es that to the greatest extent feasible opportunities for training and employment be given to persons with low and moderate incomes residing in the project area benefitted by feceral financial assistance, and contracts for york in connection with the project shall be a'Warded to eligible business concerns which are located in, or owned in substantial ~art by persons residing in, the vicinity of the project. e~ Sectio!'l. 504 of the Rehahilitation Act of 1973, as amended, and implementing regulations when published. f. The Age Discrimination Act of 1975, as amended, and 1 .~ ........ t implementinq regulations when published. ~. The Americans with Ois~bilities Act of 1990, as amended, and implementing regulations .. "hen publl.shed. b. The "'American Standard Specif ications for Making BuildinC's and Faciljties Accessible to al'd. Usa.ble by, the Physicaily Handicapped,'" Numb(>r A-117.1-P. 1971, 6ut.ject to the exceptions contained in 41 CFR S 101-19.604, which requires every :building or facility (other than a privately o"..med residential st:nJctural) designed, constructed, or altered with funds provided under 24 CFR 570 to be accessible to pe~sons with pbysical disabilities. L The Housing and Community Development Act of 1977, as a~~nded, and the Unifo~~ Relocation Assistance and Real Property Acquisition policies Act of 1970, as amended I and the implementing regul~tions when published. j. The uniform adminis't.rative requirellents (includi~g the cost and procurement principles) set forth in 24 CFR Part 65 and OMS circulars A-87, A-110, ~-l~a, A-128 and A-133, ~hich relate to the acceptance and use of .federal .funds by non­ profit orqanizations, ana which require an agency ~eceiving in excess of $25,000 in HUO grants to obtain a~ its own expense an audit that complies with the requirements of OKE cirCUlar 11.-133. k. Executive order 11063 and regulations issued pursuant to 24 CFR Part 107, which providt!s for equal opportunity in housing and nondiscrimination in the sale j l~asing, rental or other disposition of housing built with federal financial assistance. L Executive Order 11246, as amended by Executive Order 11375 and Executive Order 12086, and regulations issued pure-ulint to 24 CFR Part 130 and 41 CFR Part 60, which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federally-assisted construction contracts. BORROWER .further covenants ...-ith respect to the foregoing assu~ances that: A. In the sale, lea:se j rental, transfer or other dispositior. of any real property on which the Facility is located. BORROWER shall include or cause to be included in any deed of trust .• mortgage, indenture, or other instrument of legal encumbrance ("Encumbrance") a cove~ant running ~ith the land, prohibiting discrimination upon the ba.sis of race, color, religion, sex, or national origin, in the sale, lease, rental l transfer or other dispOSition of such land or any improvements erected or to be erected thereon, and providing that BORROi'lER and the United states o~ America (HUD) are beneficiaries of 2 , &nd entitled t'J enforce. such covenant. B. BORROW'£R shall take action to affirmativ@,lv further fair housing in the sale, lease, rental, transfer or other dh3:p~sition of housing, the fina.'i.'\cing of hou.sing, and the provision of bLokerage services. (1) (2) BORFOWER shall certify and agree that BORROWER is under no contractual or other disability 'oi1hich wou.ia pr-event BORROWER from complying with these requirements. BORROWER shall send to each labor organization or workers' rep:t'esentative 'With which BORROWER has a collec­ tive bargaining agreement or other similar contract, if any, a notice advising such organization or representa­ tive of BORROWER's cOIlUllitment under Secti'm 3 of the Housinq and urban Development Act of 1968, as amend~d, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or traininq. C. BORROWER covenants to take affirmative action to ensure fair treat:m.er.t in all phases of employ:ment, training, ap­ prenticeship&1 promotion, demotion, and transfe-r, and re­ cruitment or re.:::ruitrnent advertising. 2. Federal political and conflict of interest laws. a. The Anti-Rackete_erinq Act (alGo known as the Copeland Anti-Racketeering Act), as amended, and regulations issued under 29 CFR Part 3, which prohibits kickbacks in construction work funaed vith fEderal financial assistance. b. The Hatch Political ~ctivity Act, as amended, and imple­ menting regulations When published, 'W'hich prohibits the use of fed.eral funds for lobbying activities. BORROWER f"o,lrther covenaTlts that: A. BORROWER ~ill establis~ safeguards to prohibit employees from using their positions for a purpos~ that is or gives the a.ppearanc.e of being m<otivated bj:' a de.sire-fer p-rbrat-e gain for themselves or others, pa~ticularly t.hose with .... hom they have family, business, or other ties. B. BORROWER will not use the assistance provideo under the Aqr-eement in T-he payment of any bonus or commission for the. purposes of ob~,--i!ling HUD approval of the application for such assistance, or HUD approval of applications for additional assistance. or any other approval or concurrence of HUD requil"ed under this Agreement, Title. 1 of the Housing and Community Development Act of 1974, as amended, or applicable HUD regulations. Reasonable fees or bona fide technical, con­ sultant, managerial or other such services, other than actual solicitation J are not hereby prohibited if their costs are 3 otherwise eligible ~s 3 CDGS Program ~ost. C. BORRQW~ will not admit any mer~r of or deleqate to the Congress of the United States or an"" Resident c"mmissiorler to any shar~ or part of this Agreement or to allow any benefit to arjse from the same~ 3. Federal labor and employment laws. BORROWER covenants tha~: J... DUiu<UWE..'t will comply with all applicable federal labor laws, regulations, and standards 'Which require contractors enqaqed under contracts for tile construction, completion, or repaiY of any building or ~ork financed, in ~hole or in part, with assistance provided under this Agreement, including all HUO %equirements pertaining to such contracts and the applicable requirements of the regulations of t..lte United states Department of La~r under 29 r.FR Part 3, 29 CFR Part 5, and 29 eFR Part sa, ~ove~ning ~he p~}~ent of wages and t~e ratio of apprentices and trainees to journeymen. If state or local law wage rates are higher than those required under the federal regulations, nothing hereunder is intended to relieve BORROWER of ite obligation, if any, to require pa~ent of the hiqher rates. BORROWER shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR Part 5~5 and, for such contracts in excess of $10,000, 29 CFR Pa~ 5a~3. No award of contract covered under the Agreement shall be made to any contractor who is at the time ineli9ib~e to receive an award of ,contract under the applicable r-equlations of the United States Department of Labor. 4~ Environmental and energy laws. a. Section l04(h} of the Housing and community Development Act of 1974, wbi~h prohibits the release or commit!t',ent of funds to any person, unless an appropriate environmental revie~ has been conducted for the activity or program heing funded, all other envirOlUT,ental requirements for the conduct of such activity or program. have been satisfied, and all proper authorizations to proceed with such activity or program have been received from HUO. b~ section 106 of the National Historic Preserv9_tion Act, ~s amended, Executive Order 11593, and implernentinq regulations when published, and the provis.ions of 16 U.S.C. S 469a-l, relating to the threat to prehistorical, hi$torical, or arche.ological data by federal constr\lcticn projects, 'When pertonnirlg environment'll assessments under the Na't-ional Envi­ rorutlental Policy Act of 1969, as amended, and imple..~enting regulations ~hen published. c. Section 114 of the Clean Air Act, as amer.ded, and implementing regulations ~hen published. \ d~ Section 308 of the Water Pollution Cont ..... ol 1\ct, as ame."'Ided, anc". implementing regula'tions 'When publishp.:d. e. The pr-ovisions of 2'-CFR Part 35_ as AlIlended, 'Which provides that no lead-based paint& shall be used in construction or rehabilitation ~ork performed under projects fundea with federal financial assistance~ t. The provisions ot 24 CFR Part 39, as amended, which pro­ vides that the performance of rehah!litetion work shall conform to HUD energy standards tor cost~effectiveness. q. Executive Order 11290 1 as amended, an-d ilJlplementing regulations when published, ~hich relates to the eV31uation of .flood hazards. h. Executive order 11288_ as amcndea l and implementing regulations when published, ~hich relates to the prevention~ contro!, ~nd ~bate~ent of water pollution. BORROWER further covenants that: A. BORROWER'S Facility will not be included on the -List of Violating Facilities" issued by the United States Environ­ mental Pl:'otection Age.ncy (EPA) pursuant to 40 eFR 5 15.20. B~ BORROWER will give prompt notice of any notification received from the Director, Office of Federal Activities, EPA, that the Facility is under consideration to be listed on the -List of violating Faciliti9s.r All nonexempt subcontracts concerning the Facility shall include the provisions of this paragraph. C. BORROWER will cooperate fully in any federal enforcement actions instituted pursuant to applicable statutes or re~~la­ tions. 5. M.iscellaneous provisions. a. BORROWER will give HlJD and the United States Co~troller General through any authori~ed representatives acces~ to and the right to examine all records, boaks~ papers, or doc~ents related to the receipt and use af COGB grant funds under this Agreement. b~ No officer, e~plQyee or agent of CITY ~ho exercises any fUnctions or responsibilities lJi th respect to the services and work to be provided :by BORROWER pursuant to this Agreement during his ~r her tenure or for one \1) year thereaftQr~ shall have any interest, direct or indirect ~ in this Agreement or the proceeds thereof. 5 £lOUBIT C PROHI880RY NOTE 8EC'tTJl!:D lIY SHORT FORK DESD OP TRUST AND ASD1GFH~ OF RENTS $ Date: Palo Alto, California FOR V ALUE ~CEI.VE'O, a G;orporation orga~ .... ized under the Nor,prcflt Public, Benefit Corporation Law of the State of California (-BORROWER"), promises to pay to the order of the City of Palo Alto. a charter city and a ~unicipal corporation (ftCITY~), the principal sum of dollars ($ ) ;at the: off).ce of Rever'l.le C.ollections of t.h .. City 0: Pa.lo Alte, 250 Hamilton Avenue, P. o. E~x 10250, Palo Alt¢. CA 94303, or at such other place as CITY may fro~ time to time designate, vith interest from the date of this PROMISSORY NOTE SEct}RED BY SHORT FORM tlEED OF TRUST AND ASSIGNMENT OF RENTS {~Note~), un~il paid, at the rat~ of ______ percent ~_') per year Oi'. the unpaid principai balance. This Note is secured by a deed of trust entitled ·SHORT FORM ~ZED OF TRUST AND ASSIGNMENT OF RENTS~ {"Peed of Trust~} of ev~n da~e herewith on BORROWER's property located at ______ ;-;;-=="" t ItFacilitytr) • This Note is made in connection with an agreement entitled "AGREEMENT BETWEEN TilE CITY OF PALO ALTO AND T"O RECONSTRUCT AND REHABILITATE A !3UTLDING WITH Fl1l/DS ALLOCArED DURIliG FrSCl!.L YEAR tiNDER THE COMMUNITY DEVELOF>tENT BLOCK PRCGRAH PURSUANT TO THEHOUSING AND COMM!n~ITY DEVELOPMENT ACTS OF 1974 1 1977 , 1983, 1985 .~D 1987, AS AMENOED tr ("Agreement"). The Agreement provides that BORROWER is the recipient of cartain community PevelopI:lent Block Grant (neOGa") funds designated for ce.rtain costs, including, without. limitation, architectural, engineering, plan review, and development fees and related construction costs for the Fc:.cility~ Any amounts advanced under this Note shall, at the option af CITY, become immediately due und payable upon the occur~ence of any of the following: (a) the failure by EORROWER to commence the scope of services cr to comple.te the scope of services set forth in the Agreement ~ithin the time permitted or, if none is stated, ~ithin a period ot ( ) years after ,the date of the Agreementj (b) the sale, transfe~ or other disposition by BORROWER of the Facility .... ithout the prior ,,'ritten. consent of CITY prior to the expiration of a period of ___ ( ______ ) yEar's after the date of the Agreement, (c, a use bj' BORROWER of the Facility, prior to the: expiration of a period of () years after the date of the 1 ", ~~,;~;:~ " Agreement, ""hiGh violates the applicable provisions of CITY';,; Charter, ordinGnces, or regulaticns~ or which is not an "eligible activity" ur:der the CueB Program of the Housing and Community Development Acts of 1974 and 19/7, as amend~d, and the regulations issued pursuant thereto by the United State.s Department of Housing and Urban De:velopmen~1 or successor agency; and Cd) an \,l,ncured default under the Agr€.ement, this Note, or the Deed ;Jf Trust. Subject to the ter.ms of the Agreement, the enti~e principal balance shall be considered paid in full if, on ~ the t::ontingencies set forth in sut-pa2:agraphs Ta;-.--(b), (c) and (ei) above have not occurred. BORROWER, .any endorser of this Note, and any others .... ho may oecome liable for all or any part of the obligations evidenced by this Note may prepay all or any pcrtion of the principal sum of this Note, without penalty. Any and all payments made hereunder shall be credited, first, on the interest then due and, the remainder, on the principal balance, and interest on the principal balance so credited shall thereupon cease. BORROWER, any endorser of this Note, and any others who may bec~me liable for all or any part of the obligations evidenced by this N~te or this Note, as amended, hereby inQividually waive demand, presentmeot for payment, demand and protest, notiCe of protest, demand, a~d of dishonor and non-payment, and consent to any number of extensions or renewals of time hereof. Any such extensions O~ renewals may be made without notice to any of the obligated parties and without affecting their liat-ility. Tl":e ple.adinq of any statute of limitations as ill defense to any demand against BORROWER is expressed waived by BORROWER. If BORROWER consists of more than one. person or individual, e.ach person or individual shall be jointly and seve~ally liable under this Note. BORRoWER shall not further encumber, lnortgage or subject the Facility, Or' the real property on which it is located, or any interest therein, to a deed cf trust, mortgage, indenture, or other document of legdl encumbrance (individually, nEncUlhbrance" and jointly, "Encumbrances It) lJithout the prior written consent of CITi. Unless CITY shall expressly agree. othen;ise, in writing, any Encumbrance affecting the Facility shall provide that, in the event of any default or breach by BORROWER und~r any Encumbrance entitling any party thereunder" to accelerate the indebtedness secur~d thereby and foreclose upon the Facility, (1) CITY shall have the right, but not the obligation, to cure the default prior to the completion of any foreclosure and r€inGtate the Encumbrance; or (2) pay the total unpaid indebtedness secured by such Encumbrance, in 'Which event, such Encurnbranc€ shall be released, cancelled, or otherwise reconveyed. ArJY amounts e)C~)ended by CITY under the contingencies set forth in (l} or (2) of the preceding paragraph shall be reimbursed by BORROWER upon demand of CITY therefor, and, in any event. shall bear interest at the maximum rate permitted by Article XV, s~ction 1(2) of the California Constitution, ;:tS !T12:y be amended fro:r:-, time to 2 • time, trom the date 5u.::h amounts ... ~re ad .... anced l::y CITY until paid by BORROWER in full. All such a:l"'.ouI'.ts, including inte:rest and any penalty authorized under the Agreement, t.his Note, or th-s Deed of ~rust, shall be added to the principal of this Note. The apprcv~l by BORROWER of any Encumbrance, and the placing of a. ;;;:ecurit.y interest therefor on the Facility, or any port.ion thereof, not containing the provisions of the preceding paragraph and thi~ paragraph ~hall constitute a default under this Not~~ If an~~ default is made hereunder, BORROWER further prornis€s to pay reasona):)le attorneys' fees and cost.s and expenses incurred by cr'!'\." in connection with any sue!:. default or any other action or other proceeding brought to e::-..forcE! any of the provisions of this Note. CITY'-s r;'ght to such fees shall ·not .be 11:nited to or by its representation :by staff attorneys of CITY'-s Office of the city Attorney, and such repre5entation shall be valued at the custo~ary and reasonable rates for private sector legal services. The relation~hip of CITY and BORROWER evid3nced hy this Note shall be ~eemed to be one of creditor and debtor and not of partnership or j¢int venture. ~his No~e may not be modified or amended except by an instrument in writing which expresses such intention of the parties sought to be bound thereby, and such writing Shall be firmly attached to this Note and made a part thereof. Any failure of CIXY or other holder to exercise any riqhts under this Note shall not constitute a waiver of such rights O~ o~ any othar rights under this Note. This Note shall be governed by and construed in accordance ~ith the lavs of the State of California. To the extent assignment of this Note is permittea by CITY, the terIllS of this Note shall apply to, inure to the benefit of, and bind all of the partie.s thereto, their heirs, SUcc€:ssors and assigns. EXECUTED BY BORROWER on the date first above loo'ritten. 3 ------------ By: Nam~~ Title: Address: (_l __ . -. C "'?~;,(l" .. :.~ . ~o : ,~ COMMUNITY ASSOCIATION FOi1. THE RET ARCED, INC, 525 E. CHARI. ESTON ROAO PALO ALTO, CA. 943JJ5 '2.-_..;.,_",",,,,' __ ..... ' ___ "C '-_____ --'-" COMPANIES AffORCING CO~ER~GE <:o~~.u. A CONm~ENTAL JNsup_e,~r;E CQMP,-UjY ,~I~II cc .... UY ! GOLDE'" EAGLE l~jSU~NCE CO """ CO".~.tN1 C urm C(lIiPUf D mil ~ C~Io'J'A.J E lOTTE" THIS IS TO ti"TlFY lW.T TH~ POlI(;,f~ OF IHSUAANCE lISHO ~ElO\ll IjA'Jf eHItI ISSUE [) I" THE" I~ S U FlED "' ... ~ EO J,sove Fe R: THE PDLH::V PE I\IIJ'J IHQjc:ATED, HOl'lliITIlS,,.,/jDIHG MlY REa u IREIoIEIrj f, TERM QF! ~OH(lITIOH Df ~ 'i C())fT~ACl OR Q,HfR DIX UMflf:' Wi"TH RE5Pg110 1'1'11':;" '~IS CFAljrlt,.All l,jI,t;y It IS!oUED OR M~J PlR1AIH. WE IHSU~~CE »n'ROEO iH TM~ POliCIES I)FSC~I~f[l ,"HIE!'" tS s'WBJEcr TO oI.Ll T",E rERMS, unUSIQft4s AND COHOIHOHS OF 'tJr::H POLlms. liMns SHOWN hi .. " HA'''f BEEN Ri;I)UCED BY PArD CL.AIM5 l'l"fOfUmJ1l.uQ-filtl~I'U"'11t retIC'!' IHtCm'[ rauC1 (I'llUTl'C. 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P.ol ~~~ lr~17 • ~1.IHS[, EIotM IMPl or!f CAHcEtLlrlOIil 5,IICIULCI ,U~Y () F ,fiE ... e.L'Vf: tl,'OC,"I!llD j>(] L' r If'; a, c.~~ s ,llLD !HO flE rHE EXp: RATIO ~ 0 ... 1" rHrM DF, 1li E ,SSl'I'>jG CO~PI\~Y Wil L r"l)E"YO~ 10 ~A Il ....10..-DA¥5 'NFt,r![1Ii H111~E 10 IHE CE A II IICAH HO Lv! ~ lj Id~ to to 111 E l.ffJ. 8:.11 ,A.I l~"c 1 0 M .... ,L S'JCH ~{] II r.~ SH"L L IMPO~E '>v nl!l"G" il:J~, 0 Ft ",,~Illn 01 MY K!"I~ lJ"~-C,>j THE t()MPMI', ':5 ~r:;I"IS O~ R,PJ\fSE"rA:;\IE~ • , :. . r : 3,OOD,OO(J 1,~f:.)-,OOO 1 ,000,000 l' ,OQO.~cq. 50,000 ~ 1,000,000 1,QOQ,QQO 1,000,00a i ,t}JO,OOC 1.0~,O.OO() 1,O~ l HUMAN SERVICrS POBOX U)2~O PA.LO ALTO, CA. --- 9430J ACORD Z5-S (1l1Gl "'