HomeMy WebLinkAbout0409.093~ .. ' w
July 22. 1993
TIlE HONORABLE CITY COUNCIL
Palo Alto. California
Approval of Agn:enten15 wiJI: Communi!), Housing, Inc,
and Second Harvest Food 8aI;k of s.m. Clara and San
~ Coonties for Rehabilitation Projects funded by
The Cpppmmi!y DcveJoprncnt Block Gram (CDBGl Program.
Members of !be Council:
REPORT IN BRIEF
CoomclI aaion is requested to approve !be =Il00 agreetneors for CDBG funded projects
between !be City of Palo Alto and
1) Community Housing. lnc,. in !be amOWl! of $67.592. for !be purcbase and
iDstallation of a 200 KW emergency bacl:: -up genetato< 10 power !be common
dining area of Lytton Gardens 1 and n in !be evem of an emergency or power
OIltage. Lyttcn Ga.roeru provides affordable housing 10 elderly. law income
residents,
2) Second H~ Food Bank of Santa Clara and San Mateo Counties. in !be
amount of $50.000. for COS!!. incurred in !be C<lnsuuction and occupancy of a
new 60.000 square fOOl food distn1>ution faciIi!), locaJed at 750 Curtner
CMR:409:93
A venae in San Jose. The facility serves as • collcction and dislnbution center
of swplus food to !be area's 1JungIy and low in<ome residcnls,
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BACKGROUND
O!l May 20, 1991, COIlIICil adopted Resolution No. 6987 approvm;; the use of CDBG funds
for fL!Cal yeu 199111992 and authorizing funding allocatioD> of $67,592 for the Lytton
Gardens generator project, and $25,000 for the Second Harvest Food Bank capital
improvement project. An additional $25,000 in funds (total 550,000) for the s..;ond Harvest
Food BanI< project wos approved and authorized by C<JUDO:il on May 21, 1992, in Resolution
1093. Funds far these projecti; have been reserved under the C!I)I'S Letter of Credit and
Grant Ag<eemcnt wilh the U.S. Department of How;ing and Urban De,'elopmeut (HUD).
PROPOSED AGREEME.."ITS
Eacb agm:ment iDclud ... Scope of Servi= (fulubit A), Federal Assurall<es (Eldubit B),
Promissory Note (Eldubit C) and CertificaJes of Insurance (ExhIbit DJ, The entire
il>deb!1:<bless " .. ill be forgiven .rller tIlt expiration of me ytan n, during that time, the
projecls bave oominued 10 comply with the regulations outlined in !be agz<em<nl and bave
CODIinued ro serve the intended low-income popu1otion.
ENVIRONMENTAL REVIEW
For pwposcs of the California Environmental Quality Act (CEQA), the Lytton Gardens
generator project is categorically exempt under Section 1530 I of the CEQA GoidcIioos, The
City of San fuse, the lead !lgency for !he Se<;ond Harvest Food Bank Distribution CenIcr
Project, adopCod a ""Sanve declaration for the project on 1".me 18, 1991. A copy of the
oogative dec:Iaration is attacbed for the City COOIlI:il', consideration, Vnder the National
EuvirotImooI.aI Policy Acr (NEPA}, both projecls wm: found 10 bave no significm ~
and have received the required 'Requesl for Release of Funds" from HUD.
RECOMMENDATION
Staff recommends that the City Coun<;il:
1, .~rove and authorize the Mayor 10 execute the attacbed agreement with
Community Housing, 1JlI:,; and
2. Comidor and approve the attached negative declaration approved by !be City
of San Jose, finding lhat the project will bave 00 significant environmental
effect fur purpose,; of CEQA; and
CMR:409:93 7112193
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3. Approve aDd IUIhoriz.e !be MAyor 10 exe<ute !he attached agreeJDeD1 with
SecOIId HarvOSl Food !lank of Santa Clara and San Mateo Counties.
Rapectfully submitted.
~d~j.v
.. SU~ RICHARDS
COoo Coor1linator
-f/ '~" /LMi~/i.dd j: J?l0H~
AIIachmenIs:
KENNETH R. SCHREIBER
Directcr of PIanning and
Community Ecvironmem
Agreement willi Community Housing. Ino:. 1)
2) AgreeJDeD1 willi SecOIId Harvest Food IlaDk of Santa Clara and
San Ma!oo Counties
3) NqaIivo Declaration approved by !be CiJy of San Io<e
c<:: (wlo 111w:l!rnr7Jn)
COBG C~ Advisory <::ommittee
Coumm.aiIy Housmg. IDe.
Second Harveot Food B&Dk of Santa C1aIa aD:! San Mateo Counties
CMR:409:93
.P:~.cm
7122193
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AGREEMENT BETWEElli THE CITY OF PALO ALTO AND
SECOND HARVEST FOOD BANK OF SANTA CLARA
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AND SAN MATEO COUNTIES TO CONSTRUCT A BUILDING WITH HJl'IDS
ALLOCATED DURlNG FlSCAL YEAR 1991192 AND 1992193 tiNDER
THE COMMUNITY DEVELOPMENT BLOCK GRAN1' PROGRA.lIf
THIS AGREEMENT ("Agreement") is made and en!ered into !his
day of , 1993 by and between the CITY OF PALO ALTO, a mUnicipal
ccrporation ('CITY") and SECOND HARVEST FOOD BANK OF SAm A CLARA
AND SAN MATEO COUNTIES, .. California nonprofit corporalion (T .. payer
[dentineation No. 94-2614101) ('BORROWER');
WHEREAS, CITY annually receives funds from the United Stales of
Amedca under Lie Community Development Bleck Grant ("CDBG") Program
("Program") for the purposes of supporting, rmaocialJy, low and moderate income
persons through housing and public facility rehabilitation effons; and
WHEREAS, BORROWER bas requested funds 10 assist in the
construction and fumisbiDg of • new food distribution center located at 750 Curtner
Avenue in San Jose, California; and
WHEREAS, BORROWER provides food, bagged groceries, al'd other
emergency food supplies and services to meet the DtItritional needs of low-iocome
residents; and
WHEREAS, CITY wisbes to grant funds to BORROWER for the
pur,>oses set forth in this Agreemelll, and any exhibits thereto; and
WliEREAS, CITY has approved and authorized the provision of up To
FIFTY TIIOUSAND DOLLARS ($SO,OOO), drawn from CDBG funds, to
BORROWER, for the purposes and onder the temlS coruained berein;
NOW. THEREFORE. in consideration of the following covenants,
terms and conditions, the parties agree:
SECTION t, lenn of the Agreement.
This Agrec::ment shall commence on July 17, 1993 or on the dale of
receipt by em' of the written autborization by the U oited States Department of
HOUSing and Urban Development ("RUD-) 10 expend funds fIJi the purpose'S of this
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Agreemenl, whichever is later, and shatl e~ire on June 30, 1994. unless sooner
tenninated by a party hereto,
SECITON 2.
BORROWER shall perfQfm proj~! {"Project-} ~rvk:es ";:iu'1 respec.i: {u
the construction and fumlshing of a new 60,000 square foot wareho~ and food
distribution facility ("Facility"). as more fully described in Exlubit A atuched bereto
and incorporated berein by lhis reference.
SECTION 3. ~ Conditinns aDd Assunnces.
This Agreement is subject to the agreement' between CITY and HUD
on behalf of the United States of America penaining to !be Program and iill laws,
rules, regn\ations, policies, guidelines, and requirements with respect to the
acceptance and use of federal funds under the Program, in<luding the CDBG
assurances set forth in Exlnbi! B anached hereto and incorporated herein by this
reference.
SECTION 4. Grant of Fynds and Security.
CITY shall gram BORROWER a sum of money in arl amount not to
exceed FIFTY TIIOUSAND AND NO/loo DOLLARS ($5{],OOO) for the pwposes set
forth in Section 2 and ExluDk A. PaYOIent of such sum shall be evidence<! by •
promissoIy note ("Note"), in the fonn attached as EWDit C and in<orporated berein
by ,this reference. and secured by a short fO!1Il deed of trusr: and assignment of rents
("Deed of Trust") cn the Facility and the property on which it is located. The
payment of the sum, and any part thereof, granted and ad~ hereunder shall be
made rontingem upon, aOO, at the option of CITY, shall become immediately due and
payable upon, the occurrence of any of the foUowiog conditions:
(a) The failure by BORROWER 10 conunence the Project .services
or to complete the Project servjc.es set fort.~ in Seclron 2 and Exhibit A wiL~m
the time penl1itted OT, if oo.ne is stated, within a period of two (2.) yean after
the date of this AgreemeDt;
(b) The sale, transfer, or other disposition by BORROWER of the
Facility without the prior lAoTitten consent of CITY prior to the expiration of a
period of five (5) years after the dare of this Agreement;
(c) A use by BORROWER of the Factlity. prior to the expiration of a
period of five (5) years after the date of this Agreement, which violates the
applicable provisions of CITY's Chancr, ordinances, or regulations, or which
is not an "eligible activity" unde:r the Program of the Housing and Community
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Dev<1opment Acts of 1974 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 pUl of the ,um conditionally granted hereunder "'ill
not remain conditional, provided that none of the conditions set for"Ji in the preceding
p;;ragraph have occurred. At CITY's option, wheoever t! .. sum O£ any part thereof
l>ecomo> an unconditional payment to BORROWER, CITY sbalI confum the uncon
ditional nature of sucll payment to BORROWER in writing, however, CITY's failure
to do so sb2n DOt ~ facto constitute a v.'aiver of any tenD on which BORROVlER's
obligation to repay Is conditioned.
As a condItion precedent lO CITY's obligation [0 commie or re1ease
funds to BORRO,,'ER WKlor this Agreement, to the extern reqnlr«l by HUD, CITY
BlvlU complete an environmertta1 review of the Facility. activity. or program
hereunder, shall satisfy all environmental requirements for such Facility, activity, or
program bereundcr~ and shall secure all appropria:e authorizations tc construct or
rehabilitate the fac.ility or engage in such activIry or program.
SECTION 5. Stang; of Borrower.
BORROWER shall maintain its = as I nonprofit corporation onder
the Nonprofit Public Benefrt Corporaoon Law of the State of California, as amend«!,
during the repayment period set forth in !he Note. BORROWER shali not be consid
ered an agent or employee of CITY for any putpOS< but as , debtor of CITY whose
obligation is <Vide""'" by the Noe.
SECTION 6.
BORROWER shan maintain aU nx:ords pertaining: to the Project for
tIrree (3) years after final payments and all other perxling matten are closed. Record,
shall include economic starns and ethnic background. among other data, of all persons
benefitting from the facility. An sucb data ,hall remain confIdentiaI with the
exception thai it may be disclosed lO 3ilthorizod personne1 in a statistica1 form
suffi<:icot 10 detennine compliance with the Agreement. BORROWER shall maintain
and report, upoo request, all information requIred b)' federal or state laws.
BORROWER shall pro,ide HUD andior CITY. andlor any of their
duly authorized representatives, access to any books, docurne-nts. papers and records
of the Project for the purpose of making audits, examinations. CJlcelJ'C5 ancJ
transcriptjOffi. In addition, at any time during normal business bO'.Irs and as often as
may be deemed necessary, BORROWER agree' that HUD andlor CITY, andlor any
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of their respective authorized representatives, shall have !lC«SS to and the righl to
examine i~ work sire, offices and facilities engaged in the performanct' of u1is
Agreemeru. as wen as the right to interview empT('Ij'ees e!".g;agcd iii .:cdvities under
this A&~m: for the purpose of verifying compliance with all applicable fedel'3l
regulations .
Audits.
BORROWER sball submit audit reporu as applicable, which conform
wi1h the requirements of OMB Circular A-133 for Nonprofit Institutions. 10 addition
to the provisions of OMB Circular A-B3. the audit slullJ identify in a Schedule of
FedcIal Assistance the revenue as received and disbursed in accordance with the
pro\":isions of this Agreemem.
SECTION ~ Program ]n;orne.
BORROWER shaJ.l record, repon and retu..." to CITY in accordance
with the provisions of 24 CFR 57Q.504, as amended, my receipt of Program income,
.. Slli:b term is defined in 24 CFR 57v.5OO(a), as amended, which is generdtoo by the
use o( funds granted by CITY under Ibis Agreement.
SECUON 9. Indemnification.
BORROWER shalJ hold CITY, its COWlIOil Members, officers and
employees harmless from ail liability, loss or damage arising OUt of any injury to any
penon or property occurring in. on, 0< about the Facility, except tluit CITY shali be
liable to BORROWER (or damage resulting fmm the gross negUgence or willful acts
or omissions of CITY or its authorized representztives. CITY shan hold BORROW
ER barmless for all damages arising out of such injury. A party'. Obligation u.r><ler
this paragrapb shall be Iintited to the sum thar exceeds the amount of insurance
proceeds, if any. receivoo by !be party being indemnif>e<l.
SECTION 10. Insurance.
BORROWER, at its sole cost, shall maintain public I iabiJity, personal
injury and property damage insunmce with a single combined limit of not less than
five Irundre<I thousand dollars (S500,OOO), or such coverage as is more fully set forth
in Exhibit D attachOO hereto and incorporated berein by this reference, insuring
against all liability of BORROWER and .its authorized representatives arising out of or
in connection with BORROWER's purcha.~ and use of the Facility. Such 1nsuf3OCe
shall i~ure perlormaoce by BORROWER of the indemnity provisions hereof. Both
CITY and BORROWER shall be named as additional in.o;;ured, and the: policy or
policies sball contain crOSS-liability endorsements.
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SECTION ii. Assignment
All rights granted herrullder are personal to BORRO'W'ER. and are not
,,,,,ignoble or transferable absent the prior written consent by CITY, and any
.~ assignmentthen:of shall be void, BORROWER shall notify each holder of
a lien or etJC\UIlbrance ('In the real property purch.a.&ed hereunder, or the improvements
thereto, in writing, no less than thirty (30) days prior to imposition of any such lien
or encumbrance.
SECTIQN 12. Review 300 Demand for Assurance,;.
The City Manager, or rus or her designee, from time to time, may
inspect the Facility and the real property descn"bed herein and consult with
BORROWER for the purpose of determining compHane. with the ",nTIS of this
Agreement and the No",. The right of reasonable access at reasonable times to the
Facility and the rea) property on which it is located for such pu.'P<"<5 is hereby
granted to CfTY.
SECTION 13. A'Sllf!lnCII' of BORROWER
BORROWER oettiflts Ib:.!:
(a) It possesses the legal authority to rea:iY< federal grant funds,
and to carry out the propose<! program assi,1J:d thereby.
(b) It bas duly acquainted ilo;elf "'ith the funds applIcation. including
all Ulllkrstanding. and """= C<Jntained therein, and Iw direclJ:d and authoriz«l
the person idendf"ted as the o[fleW representative of BORROWER to provide such
additional informali"" as may be required bereunder.
(0) It bas coru;ented to the jurisdiction of the federal courts for the
purpose of enforcemerlt of its responsibilities impostN hereunder.
_ (d) It will give maximum feasible priority [0 activities whkh will
benefit low and moderate-income fam.!J.ies or aid in the prevention or elimination of
slums or blight.
SECflON 14. Cqnfidentiality of lnformatiolj..
CfTY and BORROWER >!;fee to maintain the confidentiality of any
information regarding appIi~nts (or their families) for services offered by
BORROWER purroant ro this Agreement which may be obtained through application
forms, interviews, tests, repons, from public agencies or counselors or any other
source. Without die peImiss.ion of the otpplicanc, such infotm.acion srudl be divulged
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only as ncc:essary for purposes related to the perform~ 11('.;: 'Or ::",a!"u.il;lIn oi me services
and work to ~ p~ ... :::!cd pumwu: to fhl s Agreement. and then only Co pernons having
responsibility under the Agre<m.ru, including those furni'hing services for the Project
under a subt"'....onttact.
EXECUTED by the parties in Palo Al.o, California on the date ftrs!
abc\le written.
APPROVED:
CITY OF PALO ALTO
Mayor
ATTEST:
City Clerk
APPROVED AS TO FOR-\{:
Senior Asst. City Atwmey
APPROVED·
City Manager
Direc.tor of Finance
APPROVED:
SECOND HARVEST FOOD BANK OF
SANTA CLARA AND SAN MATEO
COUNTIES
Director of Planning and
Community Environment
Manager. Real Property
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I.
EXHIBIT A
SECOND HARVES1' FOOD BANK OF
SAN1'A CLARA AND SAN MATEO COUNTIES
SCOPE OF SI!RVlCES
Activities to be Pcrfonncd
A. Duect Services
1. Cor.slIUCtion Projecl SUlDIIW)'
The project will consist of !he constructioo and furnisbing of a new
60,00: s.pwe foot warehouse and food distribution facility to be
located at 750 Curtner A venue, San Jose, CA.
2. Compc'litive Bid Proc=
The eontraaor shaD be chosen through a competitive bid process. The
bid document .. 'IaIl contain au element' required by the CDBG
regulations.
3. Davis-Bacon Wage Compliance
The conttacIor selected for !he project, as well as any sub-oo""",,,,,,,
shall be required to comply with au applicable federal prevailing wage
requirements.
B. Indirect Services
1. Activities as Proposed FaCl1ity
Second Harvest Food Bank of Santa Clara and s.n Mateo Counties
serves low income residents in need of supplemental o. emergency
food.
2. Reports and Submittals
An annual report, stating !he number of clients served by the facility,
the age, etbnicity and Dumber of clients who are low :md very low
income. shall be submitted to CITY OD an annual basis for the duration
of the Lien Period (five (5) years from the dote of this Agreement).
This iepon shall be due by AUgust 31 of each year and shan cover the
immediaJely pre<:eding fi.;cal year.
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3. Very Low and Low Income Detemtina~jon
To remain an eligible activity under this Agreement, al least S I % of
!he clients served must t-.e of very low and Jew income. or included in
• "presumed be",,/it" group in accordaoc< witl, CDOO regulations.
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EXHIBIT II
COMMUNITY DEVEWPMENT BLOCK GRANT
PROGRAM ASSURANCES
In providing the services and work set forth in the Agreeroenl, BORROWER covenan's and
agrees to execute the rehabilitation and construction work on the Faciliry in a maJ'I...ner wbich
will permit CITY 10 fully comply with, and BORROWER. shall strictly adbere 10, comply
with, and take all == measures to effeclUate, the following covenants and COOS
assurances ;
I. Civil rigbts aDd non-discriminatiOD laws.
a. Title VI of the Civil Rights Act of 1964, as amended, and regulatioos issued
pun;uan! 10 24 CFR. Part 1, which provides that DO person in the United Sun., sball
on the ground of race, color, or national origin. be excluded from participation in, be
denied the benefits of, or be otherwise subjected 10 discrimination under any program
or activity fwlded, in whole or in P'<-r, with federal ftnancial assistance.
b. Title VIII of the Civil Rights Acl of 1968, as amended, and implementing
regulations when published, which provides fOt" the administration of all programs and
activities relating to housing and community ck:velopment in • 0llIl1Def 10 affirmatively
further fair housing.
c. Section 109 of the Housing and Community Development Act of 1974, as
amended, and regulatiOllS issued P'=t to 24 CFR. Part 570, which provides that no
person in the United Stales sbaII on the ground of race, color, national origin or '""',
he exch.>d<d from participation in, be denied L'le benefits of, or be subjected 10
discrimiIw.ion under, any program 0[ activity funded, in whole or in part, with feder
al financial assistance.
d. Se<:tion 3 of the Housing and UrbaD Development Act of 1968, as amended,
and regullltiollS issued pursuant to 24 CFR. Part 35, which requires that 10 the great<st
extent feasible opportunities for training and employment be giVeD to persons with
low and moderate incomes residbg in the Project area benefitted by federal ftnancial
assistaace, and contract! for work in eonnection with che Project shall be awarded to
eligible business concerns which are located'in, or owned in substantial part by per
sons residing in. the vicinity of the ProjecL
c. Section S04 of tile Rehabilitation Act of 1973. as amended, and implementing
regulations when pUblished.
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f. The Age Discriminalion Act of 1975, as amended. and implementing
regulations when published.
g, The Americans with Disabilities Act of 1990, ., amended, and implementing
regulations wben published,
b. The "American Standard SpecifH:alions for Making Buildings and Faci!ities
Accessible I<l and Usable by, the Physically Handicapped: Number A-1l7.I-R 1971,
subject to the exceptions contained in 41 CFR § 101-19.604, which requires every
building or fa:;i1ily (otlier thao. priyately owned residential structural) designed,
constructed, or a1!ered with funds provided under 24 CFR 570 to be accessible to
persons with physical disa~' . ies.
i. The Housing and Community Development Act of 1977, as amended, and the
Uniform Relocation AssLo:tanre and Real Property Acquisition Policies Act of [970, as
amended, and the implem<Illing regulations when published.
j. The unifonn administrative requirements (including the cost and procurement
principles) set forth in 24 CFR Part 85 and OMB Circulars A-S7, A-llO, A·122, A·
128 and A-133, which relate to the acceptance and use of federal funds by non·profit
organizarions, and which require an agency receiving in excess of $25,OCJO in HUn
grants to obtain at its own expense an !ludic that complies with the requiremeDts of
OMB Cin:uhr A-133.
k. Executive Order 11063 and regulations issued pursuant to 24 CPR Pan [07,
1J,.hich provides for equal oppcnuniry in housing and nondiscrimination in the sale,
leasing, rental or other disposition of hO\!Sing buill wi'.h federal financial ass~.
1. E:tecutive Order 11246, as amended by Exet;;utive Order 11375 and EA"ecutive
Order 12086, and regulations issued pursuanl 1024 CFR Pan 130 and 4[ CPR Part
60, whic1l provide that no person shaD be: discliminated against on the basis of raL:e.
color . .religion, sex~ or national origin in all phases of employment during the perfor
mance of federall),-assisted constructton conrracf.S.
BORROWER furtber COveDaJJlS with respect to the foregoing assurances that:
A. In the sale, lease, remal, IIansfer or other disposition of any real properry on
which !he FlICilil)l is located, BORROWER shall inclade or cause (0 be included in
any deed of trust, mortgage, indenture, or other instrument of legal encumbrance
CEncumbrance") a co· .. enant running with the land. prohibiting discrimination upon
the basis of race, color. religion, sex, or national origin, in the :s..alc, lease, rental,
transfer or other disposition of sucb land or any improvements erected or to be
erected thereon, and providing lila[ BORROWER and the United States of .A ... -nertca
(HUD) are beneficiaries of and entitled [0 enforce such covenant.
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B. BORROWER shall take action to affumatively further fair housing in the sale,
lease, rental, t .... ansfer or other disposition of housing, the fina!l.clng of ooLlSing. and
the provision of brokerage 5erv ices.
(I) BORROWER shall cettify and agre< that BORROWER is under no contractual
or other disabil iry which would prevent BORROWER from comply ing with
tbese requiremelllS.
(2) BORROWER s.b.a.II send to eal~h labor organization or workers' representative
with which BORROWER has a collective bargaiIlli,g agreement or other
similar contract, if iny. a nrnice advising such organization or representative
of BORROWER's comrnittneni under Section 3 of the Housmg and Urban
Development Act of 1968, as amended, and shall po~t copies of the notice in
conspicuous places a "·.allable to employee:'! and applicants for employment Of
training.
C. BORRCWER covenants to take afflIlIloltive action to ensure fair treatment in
all phases of employment, t:r:aining, apprenticeships, promotion, demotion, and traI .... S
fer. and recruitment or recruitment advertising.
2. Federal political and conflict of interest laws.
•. The Ami-Racketeering Acl (also !mown as the Copeland An;;-Rackereering
Act), as amended, and regu!Jltions issued under 29 CFR Pa" 3, which prohibits kick
backs in construction work funded witt! federal fmancial assistance.
!:. The Hatch Political Activiry Act, as """,oded, and implememing regnlations
when publlshed, which prohibits the use of federal funds for lobbying activities.
BORROWER further covenants tbat:
A. BORROWER will establish safeguarcts '0 proluoit empl..:Jyees from using their
positions for a purpose rmc is or gives tl}e appearance of being motivated by a desire'
for private gain for themselves or others, particularly those wilh whom they have
family, business. or other tics.
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 approv31 of
the application for such assistance, or HUD approval of applications fur addiTional
assistance, or any other approval or concurrence of HUD required under this Agree
menl, Title 1 of the Housing and Community Development Act of 1974, as amended,
or applicable HUD regulations. ~..{)nable fees or bona fide technical, consultant,
managerial or other such _~TVkes, other than actual so[icitation, are not hereby
prohibited if their costs are otherw~ etigible as a COOS Program cost.
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c. BORROWER wlll DOl admit any member of or delegate ro :...1e Congress of ttl:!
United States or any Resident Commissioner [0 any share or pan of this Agreement
or to allr)w any benefit 10 arise from the same.
3. Federal labor and employment laws.
BORROWER c<>venants that;
A. BORROWER wi!! comply with aU applicable federal labor Jaws. regulations,
and standards which require contrac(ors engaged under contracts for the construction,
completion. or repair of any building or 'Work fmanced. in whole or in part. wil:h
assistance pro\'ide.d under this. Agreement, including all HUn requirements pertaining
to such contracts and the apphcabie requirements of the regulations of the United
States Department of L .. bor under 29 CFR Part 3, 29 CFR Pan 5, and 29 CFR Part
Sa, governing the payment of wages and the ratio of apprentices and trainees to
journeymen. If stale or local law wage ra!.. ... are higber than those required under the
federa1 regulations, nothing hereunder is intended to re.!ic",'e BORROWER of its
obligation, if any, to require payment of the higher "ues. BORROWER sball cause
or require ro be iMerted in fuU, in all such contracts subject to such regulations.
prnvi<ions meeting the requirc:mc:ots of 29 CFR Part 5.5 and, for such contracts in
excess of $10,000,29 CFR Part 5a.3. No awaro of contract covered Illlder the
Agreement shall be made to any CU!Ur.lctor who is at the time ineligible to receive an
award of contract under the applii:able regulations of the United States Department of
Labor.
4. Environmental and energy laws.
", Section 104(b) of the Housing aod Community Development Act of 1974,
which prohibits the release or commitment of funds to any person, unless an
appropriate e[]viromnental review has been conducted for the activjt) or program
being funded, all other envirorunental requiremew for the conduct of such activity or
program have been sarisfied, and all prvper auiliorizarions to proceed with such
activity or program have been received from HUD.
b. Section 106 of the National Historic Preservation Act, as amended, F.xecuti\'e
Order 1l:593~ .and implementing regulations when published, and the provisions of 16
U.S.C. § 469.-1, relating to the threat to prehiS!orical, historical, or ,,-n;heological
data by federal construction projects, when performing environmenlal assessments
under the National Environ.mental Policy Act of 1969. as amended, :rnd implementing
regulations when pubhshed.
c. Section J 14 of the Clean Air Act. as amended, and h"llplementing regulations
when published.
C , \ lIICI\lIGiIMrnO'I,WoRVni"O 4
d. Section 308 of the Water Pollution ControJ Act, as ameMed, and
implementing regulations when published.
e, The provisions of 24 CFR Pan 35, as amended, wbich provides that no lead,
based paints shall be used in construction or rehabilitation work performed under
projects funded with federal fmaneJal assistance.
f. The provaioDS of 24 CFR Part 39, as amended, which provides that the
performance of rehabilitation work shall confonn to HUD energy standards for cos[
effectiveness.
g. Executive Order 11296, as amended, and implementing regulations when
pubJished. which relates to t.'le evaluation of flood hazards.
b. Executive Order 11288, as amended, and implementing regulations wben
published, which relates to the prevention, control, and abatement of water polh.:tion.
BORROWER funber covenants that:
A. BORROWER's Fa<iJity will not be included on Ill. 'List of Violating
Facilities" issued by IIle United Stales EnvironmentAl Pro~on Agency (EPA)
pnrsuant to 40 CFR § 15.20.
B. BORROWER will give prompt DOtiee of any oolifIc.ation received from IIle
"
Director, Office of Federal Activities, EPA. that the Facilit} is under consideration to
be listed on the "List of Violating Facilities," An nonexempt subcontracts concerning
IIle Facility shan inclllde the provisions of this paragraph.
C. BORROWER will cooperate fully in any feder.il enforcement actions instituted
pnrsuant to appliJ:able starutes or reguL1ticns.
5. Miscenaneous provisions.
a. BORROWER wtll give HUn and the United StalC5 Controller Generai tluucgh
any authorized representatives ;n;ces.<;. to and the right 10 examine all rccords, books.
papers, or documents reiated to the receipt and use of CDG:a grant funds under this
Agreement.
b. No officer. empIoyex or agent of CITY who exercises any functions or
responsibilities with respecl to the servkes and work to be provided by BORROWER
pursuant to this Agreement during his or her [enure or for one (1) year L"lereafter.
shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
C,\VI~\IUIAV'nIO 5
EXHIBIT C
PROMISSORY NOTE
SECURED BY
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
$ 50.000.00 Date:
Palo Alto. California
FOR VALUE RECEIVED, SECOND HARVEST FOOD BANK OF SANTA CLARA AND
SAN MATEO COUNTIES, .' C<lljlOmtion organized under the Nonprofit Public Benefit
Corporatioo uw of the State of California ("BORROWER'). promises to pay to the order of
the CITY OF PALO ALTO. acbaner city and • municipal corporation rCIIT"), the priDcipal
sum of FIFTY THOUSAND DOlLARS ($50,000.00) at the office of Revenue Collections of
the City of Palo Alto. 250 Hamilton Avenue, P.O. Box 10250, Palo Alto, CA 94301, or at sucb
other place as CIIT may from time to time designate, with interest from the date of Ibis
PROMISSORY NOTE SECURED BY SHORT FORM DEED OF TRUST AND
ASSIGNMEtIT OF RENTS ("Note"). uoW paid. at the rate 0: three percent (3%) per year on
the unpald principal balance,
This Note is secured by • deed of trust eotitled "SHORT FORM DEED OF TRUST AND
ASSIGNMENT OF RENTS' ("Deed of TrusI") of even date berewith on BORROWER',
property'located at 750 Cunner Avenue, San Jose, Califon"" 95125·2118 ("Facili'Y").
This Note is made in coD1lection with an agreement entitll'd "AGREEMENT BETWEEN TIlE
ClIT OF PALO AI-TO AND SECOND HARVEST FOOD BANK OF SANTA CLARA AND
SAN MATEO COUNTIES TO CONSTRUCT A BUILDING WITII FUNDS ALLOCATED
DURING FISCAL YEAR 1991/92 AND 1992193 UNDER THE COMMUNITY
DEVELOPMENr BLOCK GRANT PROGRA.Y! ("Agree,;;eru"). The Agreement provides that
BORROWER is the recipienr of renain Community Development Block Gnlm ("CDGB') funds
debignated for certain construction costs related 10 the development of a new ware.1toose and food
distribution Facility.
Any amounts ad"anced under this Note shall, at the option of CITY, become immediately due
and p::.yable upon the occurrence ~f any of the following: (a) the faiIu re hy
BORROWER to commence the scope of services or to complete the scope of servk:es set forth
in the Agreement by 1une 30, 1994; (b) the sale, transfer, ,r other di~ition hy BORROWER
of the Facility without the prior written consent of CITY prior to the expiration of a period of
five (5) years after the date of the Agreement; (c) a use hy BORROWER of the Facility, prior
c' \\llcr'~S\HAAV'l1lO
l
"
1.
o
10 the expiration of a period of five (5) years after the date of the Agreement, which vkllates the
applicable provisions of CITY's Charter, ordinances, or .regulations, or whicb is not an "eligible
r.tivity" under !he CDGS Program of tl>e Housing and Community [)ev<lopment Acts of 1974
and 1977. as amended. .and the regulations issued pun;uar.J theretQ by the United States
Department of Housing and Urban Development, or successor agency; and {d) an UllCUred
default under the Agreeme~ thils Nate, or the Deed of Trust. Subject to ~"e tern" of !he
Ag=me"" the entire principal balance shall be conside""j paid in full if, on July 27, I 998, !he
contingencies sel forth in subparagraphs (a), (0), (e) and (d) above have Jl(){ occurred.
OORROWER, any endorser oC this Note, and any others who rnzy become liable for all or any
pan of the obligations evidenced by this Note may prepay ali vr any ponlon of the principal sum
ofthils Note, without penalty. Any and all payments n14de hereunder shall be credited, first, on
the interest then due and. the remainder, on the principal balance. and interest DC the principal
balance SO credited shall thereupon cease.
BORROWER. any endorser ofthils Note, and any others who may bcc<>me liable for all or any
part of the oblig.tions evidenced by this Note or thi, Note, as amended, hereby individually
waive demand, presen!IDent for payment, dem.,.,d and protest, ootke of protest, demand, and
of dishonor and non--paymen1, and collSC'm {{J any number of extensions or renewa!s of time
hereof. Any sueb extensio!lS or renewals may be made wlthout notice to any of the obligated
parties and v.ithout affecting !heir liability The pleading of any statute of limitalions as a
def""", to any demand against BORROWER is expressed waived by BORROWER. If
BORROWER consists of more thaD ODe person or individual. t.a\:h person O£ iOOi vidual shall be
jointly and severally liable under Illis NOIe.
BORROWER shall not further r.ncumber, mortgage or rubjecllhe Facility, or the real property
00 which it is located, or any interest therein. fo a deed of trust, mortgage. indenture. or other
document of kgal encumbrance (individoally, "Encumbrana!" and jointly, "EncumI>ranre;")
without !be prior written consent of CITY.
Unless CITY .hall expressly agree otherwise, in writing .• ny Encumbrance a!Iecting the Facility
shall provide that, in the event of any default or breach by BORROWER under any
Etxumbrance ent!tling any party thereunder [0 accelerate the indebtedness secured thereby and
foreclose upon the facllicy. (l) ClTY shaU have the righi, but not the Obligation, to cure the
default prior to If'..e completion of any foreclosure and reinstate the Encumbrance; or (2) pay
!be 100II unpaid indebtedness secured by sucb Encumbrance, in which event, such Encumbranc<
sball be re]eased. canceled, or otherwise reconveyed.
Any amounts expended by CITY under tl>e contingencies set forth in (i) or (2) of the pre<eding
paragraph shall be reimbursed by BORROWER upon demand of CITY therefor, and, in any
el,'eru. shaH ben interest at the maximum rate pennitted by Article A'"V. Section 1(2) of the
Caltfomia Constitution, as may be amended from time to ti.me, from the date such amounts were
advanced by CITY until paid by BORROWER in full. All such amounts, including interest and
any penalty authorized under the Agreement, this Note, or the Deed of Trust, shall be added 10
2
:. .. -.
,r--,
the principal of this Note. The approval by BORROWER of any Encumbrance, and the placing
of a security interest [herefor on the Facility, or any ponion thereof, DO( containing me
provisions of the ;>receding paragraph .nd this paragraph shall cons"rute a def." 1< under this
NOIe,
If any default is made hereunder, BORROWER further promises to pay reasonable ."orney,'
fees and cost3 and CApellSeS incurred by CITY in connection with any such defilult or any other
action or othet proceeding broug1u: to enforce any of the provisions oftrus Note. CITY's right
to such fees shaI1 not be limited to or by its re;msentadoD by staff attorneys of CITY's OffIce
of the Cil)l Attorney. and such representation ,hall be valued at the customary and rea.ronable
rates for private seclOr legal !;Crvlces.
The relationship of CITY and BORROWER evidenced by this Ncte ,bail be deemed to be one
of creditor and debtor and not of partnership or jotnl venture.
This Nate rna}' :DOt be modified or amended except by an iastrumeru in 'wri-J.ng which expresses
such intention of the pa.-tie, sought to be bound thereby. and such writing ,hall be frrmly
attaclred to this Note and made a part thereof.
Any failure of CITY or ot.ber holder to exercise any rights under this Note shan not constitute
a waiver of such rights or (If any other rights \J.JldeI this Note.
This Note shal! be gO'l'<:Tlled by and construed in accordance with the laws of the State of
California.
To the extent assignment of this NOIe is permitted by CITY, the terms ofL~i, Note shaIl apply
to. inure to the benefit of. and bind aIi of the panies thereto. their heirs, successors and assigns,
EXF£UTED BY BORROWER on the date first abo"e written.
C.\Vl~\nM'n'IIC
SECOND HARVFSf FOOD BANK OF SANTA
CLARA A.'I/D SA..'I! MATEO COUNTIES
Address: ____ _
----.-..... ---
3
'. '
•
KEllE~-fHOANER OF C~LlfOANI_
234~ fL CAMJNO REAL
'-EOHOOD CI TV ~ ~-. S4961
SECOOI) HARVEST fOOl! .BAN( 'OF
SANT.A CLARA' S!\N MATEO COUNiV
7$0 Cyrln_r Av."ue
S .. " J'CIS_ c. 92.12.5
1/01/53 ilO ·,/S4
Contl'cl Oesc:riptiCln: Stteon;! Huves1 FDOd l!olnle, Brown e.g
Ctp.rt~_At: Hu.," ServicaE Diyision
CITV Of PALO ~LTO
H\.IIIiAN SE.RV I CE 5
P.O. I!on '02~O
Pal. AI to, C" 94303
J~ OF T.-£ ,"O",.,·c.eEO'''Coe<:s '" C~NC(lLED8[F<J~E THf
E)(PJl4HON o ... lE THEREOF. THE rSSU,NG COI-."'~~ Wl.l E,-..,.oE~VO~ TO
MAL 30 DA'r'5Wj:!lTlENNOTICi: IOH,;o:c::~rrnCATEHOlDnl:NoINEOTOT~
lEFT:BUi-HUJlE: TO M"L Sl.ICH NOTICE: SH.I.", l ~POS£ NO OBLK;"'"IQN O~
1"'9'''''"''0''''40 ':2~''''. iTS.I. en,l 5 Ow ~E"PSlfSENT .. T 1'.rE:;
032720000
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!.AI , """"""'" M:8frrs I; POKIIlRS
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Df 611111till CJ.aru.5.a1'l ~tltQ Ctl' ~~:::,:'n D "<l C"nt ... r A",enue
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TN~ IS"O CEI!ITIJYTHAT 1'Ht POUC1C1ii OF INSURANCE USTED BHOWHA"'E BElEW J$SU!O TO TN!" IN$LlR.f:D 'O."I'D AIlO"'E ~Oll THE POLIC" PEItICO
IIllOICATEO. IKlf'W1ToMSTAIilOING AIiO" FlEQUIRi .... "'T, TERM.:l1t CO"DITIO~ 0" "'NI' CONTR"'CT OR orH,ER CCCUMtNT WlT~ A£SPtCT TO Wille,", ,.,us
CERHFI(;"'U MAYBt ISSI.JEC OR ..... '" P£RT ... ,III, l"HE IIriSUFI ... lllcr J.~~O"-;,)EO 8T fHe POliCIES DE'JCRI8I~.o HE "-E I./( 'S SUBo."EClTQ ... 1L THE TE"R~S,
rXCtl.JStOlls AlU) corr.olTltHiS OF sue .. 'POLICIES, UWITS SIlOWlil "'_A_Y H,It,Y[ &E[II REOUCED 8'J P .... ,D Cl. .-. 1111 S.
" TY1"l Oi' llfSUR ""'C£ POlIC'!' III U" ilER ,;:'UCY i:"~. T-;;il-LI;:~:--~')(";>:------
L' .. ITS , J. TE (.UUOOIYY) ATE (IdUIDD""")
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DtSCAIPTJOM OF Op.RATlalll$/l.OCA"i~OIrlSrvlHIc:LE&<SPEC~ .... L ITEM S
The City of PoliO Alto, Its ofrlc:e-rs, ·9e-nt~,
a.:KJ' a.plOJ_s are-na.ed as IWdltiona.l Insu.[ed$, '" en:.y .. " ~"
pel fQraeod uncl.r c;ont r act. "", coverage j, p>:illla>:Y in!5 .. rdnce.
CE Roil r I CATE"HOt DER ... .. ------------------
------CANCELLATiON
I rSHOLJlD.~'I' OF THE .... 8Q~e lil!>(.I!,E)~[) F"OlIC'lS ai' ;:;"'NCt-LL~O Db'O;~-
I [)(P'I,,"'nO'f O .... T;; n·'ER£or, T!-IE ISSUINC CQMP ...... \' Will P eCn·OR T?
City of PdlO ~Lto j M""l ...l.Q.._
un . • ,
.0"'''$ WR1TTEIIrj N~H~Cl 10 TI'l CLI!1'"IF'CAT[ HOLOER N",,,,,[[;. TO THE
• Ri HI > • , ' ,IT-IF . C ' '0 OS G'TOIC"
lIu_;, Ser ... lC.$ !, III "". e;1:; 101:' o:,"~ "0' " , el,,, .. ". U, Ie; -, '" 0.' RI-RlliS:i. I'J: II"
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ACMD 2'5,-5/71.0
,-, .' ..
AGREEME1';T BETWEEN THE CITY OF PALO ALTO AND
COMMUNITY HOUSING, INC. TO REHABILITATE
A Bu1LDING WITH FUNDS ALLOCATED
DURING FISCAL YEAR 1991192 UNDER
TIiE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
TInS AGIlEEMENT C Agreemont") is made and entered into this
day of. , 1993 by and between the CITY OF PALO ALTO, a municipal--
corporation ("CITY") and COMMUNITY HOUSING, INC, a CaJifomiJl nonprofit
corporation (Taxpayer Identifteation No. 94-2264235) ("BORROWER');
RECITALS:
WHEREAS, CITY annually receives funds from the UnitN States of
America under the Community Developrneru Block Granl ('CDBG") Progrun
("Program") for the purposes of ",!,poniDg, fmaociaJly, low and moderate income
persons through housing and public facilily rehabilitation efforts; and
WHEREAS, BORROWER bas requested funds 10 assist in the
rehabilitation of the facility located at 656 Lylton Avenue, Palo AlIO, California; and
WHEREAS, BORROWER bas • housing facility located there
providing low-Income elderly residents with affordable housing: and
WHEREAS, CITY wisbes to grant funds to BORROWER for the
purposes set forth in this Agreemenl, and any e.rubilS thereto; and
WHEREAS, CITY bas approved and authorized the provision of up to
SIXTY-SEVEN THOUSAND, FIVE HUNDRED NINETY-TWO DOLLARS
($65,592), drawn from CDBG funds, to BORROWER, for the purpose, and under the
terms CODtained herein;
NOW, THEREFORE, in consideralion of the following coveoants,
temls and conditiom;, the panies agree:
SECTION I. :rmn ofJhe A2recment.
This Agreement shall CiJmmence on July 27. 1993 or on the date of
.m:.eipt by CITY of t.~ written authorization by the U niled States Department of
Housing and Urban Development ("HUD") to expond funds for the pUiposes of chi,
Agreemem, whichever is later, and shall expire on June 30, 1994, unless sooner
laminated by • party bereto.
o
SECTION 2. Scope of Services,
BORROWER shall perform construction and rehabilitation project
("Project") services with respect to the purchase and installation of an emergency
generator in the building facility ("Facility"}, as more fully descn1>ed iiI Exhibit A
attached herelo and incorporated herein by tills reference.
SEcnON 3, CDBG Conditions and Assurances.
This Agreement is subject 10 the agreements between CITY and H1TD
on behalf of the United States of America pertaining to the Progtam and alJ laws,
ru1es~ regulation.co, policies, guidelines. and requirements with respect to the
acceptance and we of federal funds uroer the Program, including the CDBG
assurances set forth in Ex..'1ibit B attached hereto and incorporated herein by this
reference, '
SECTION 4. Grant of Funds and ~,
CITY shall grant BORROWER a sum of money in an amount not to
exceed SJX1Y-SEVEN THOUSAND, FIVE HUNDRED NINETY-ThO DOLLARS
($67,592) for the pwposes set forth i" Section 2 and Exhibit A Payment of sucb
swn """U be evidenced by • promiSSOI)' nole (" N Ole'), in the form attached hereto as
Exhibil C and incOlporated herein by this reference, and se<:ured by • short form deed
of trust and assignment of rents ('Deed of Trust') on the Facility and the property on
which it is located. The paymenl of tloe sum, and any part thereof, granted and ad
vanced bereunder shall be made contingent upon, and, at the option of CITY, ,haJJ
become immedialely due and payable upon, the occurrence of any of the following
conditions ;
(a) The failure by BORROWER to commence the Projecl services
or 10 comple!< the Project services set fortb in Section 2 and F.xbibil A within
the time pennitted or, if none is stated, within a period of two (2) years after
the date of this Agreement~
(Il) 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 live (5) years afler the dall: of this Agreement;
(c) A use by BORROWER of the Facility, prior to the expiration of a
period of five (5) years after the date of this Agreement. which violates the
applicable provisions of CITY's Chamr, ordinances. or regulations, or which
is not an -eligible acLivil)i· under the Program of the Housing and Community
Development Act"> of ]974 ;and 1977, as amended, and the regulations issued
purs.uant thereto, by HUn, or a successor agency; and
2
-,"
I ,
....
,,'"; '-.-'~
(d) An urn:ured default under L'tis Agreement, the No.e, or the Deed of
Trust.
The funding of l'ny P3rt of the sum conditionally granted hereunder will
not remain conditional. provlded that none of the conditlons set forth in the preceding
paragrapb have ocrurred. At CITY':s option, whenever the S".lID. "r any part thereof
becomes an unconditional payment to BORROWER, CITY shaH conftrm <he uncon
ditional nature of sucb paymont to BORROWER in writing, however, CITY's failwe
to do so sha.ll not lmQ fi£1,Q coru:tirute a waiver of any term on which BORRO\llER's
obligation to repay is toooitior.ed.
As a condition precedent to CITY's obligation to commit or release
funds to BORROWER under !his Agreement, to the «tent required by HUD, CITY
shall complete an en .... ·ironmental review of the Facility. aeti viry, or program
hert\mder, shall satisfy all environmental requirements for such Facili~. activir)'. or
program hereunder. 8!Jd shall secure all appropriare authorizations to COnsi.Iuct or
rehabilitate the Facility or engage in such activity or program.
SECTION S. SlaM of Borrower.
BORROWER shall maintain irs status as a nonprofit corporation under
the Nonprofit Public Benefit Corporation Law of the State of California, as amende<i,
during tile repayment period set funh in tile Note. BORROWER shall nol be consi<l
ere<! an agent or employee of CITY for any purpose but as a debtor of CITY whose
ohligation is evidenced by the Note.
SECTION 6.
BORROWER s.hall maintain confidenlial records of the prior residence
addre=, eoonomic status, and ethnic background, among otber data, of all persons
benefiting fiom !be Facility. All ruch data sball remain confidential with the
exception that it may be disc10sed to .ii.utoorized personnel in a statistical form
suffiCierJ: to determine compli~ with the Agreement. BORROWER. shall maintain
and report, upon reque$t, an informafion required by federal or st:l[e laws.
BORROWER shall report, annually, within thlrty (30) days of froe anniversary date of
!be Note •• renant Survey FOm!, provided by OTY.
BORROWER sba II maintain aJl records pertaining to !be Project for
three (3) years after fmal payments and all OIber pending matters are closed.
BORROWER sball prov;':, HUD andlor CITY, andlor any of !beir duly au.liorized
represematives, access to any books, dccuments, papers and records of the Proje<:t fer
the purpose of making audits, examinatloru;, ex.cerpts and lT2nscriplions. Tn addition,
at any time during I1{)rmal business hours and as often as may be deemed necessary,
BORROWER ag~s that HUn andfor CI'fY, and/or any of their respective
3
----...... ~~-----------~~
~".
o
authorized representatives. shall have access [0 and the right to examine its work site.
offJCeS and facilities engaged in the performance of this Agreement, as well as the
right 10 interview employees engaged in activities under this Agr~ernent for the
purpose of verifying compliance with all applicable federal regul!ltil"ms.
SECI10N..1.
BORROWER shall submit audit reports as applicable, wruch confonn
with !he requirements of OMB CiIcular A-D3 for Nonprofi! Institutions In addition
Co !he provisions of OMB CiIcular A-133, !he audic shall idenlify in a Schedule of
Federal Assistance the revenue as received and disbursed in accordance with the
provisions of this Agreemenr.
SECTION 8. Erogram Income.
BORROWER sball record. report and rerum 10 CITY in accordance
with the provisions of 24 CFR 570.504. as amended, any receipt of Program income,
as such term is defmed in 24 CFR 570.500(a), as amende.:!. whieb is generate.:! by !he
use of funds granted by CITY under this Agreement.
SECTION 9. Indemnification.
BORROWER shall hold CiTY. its C01lTl<il Members, officers and
employees bannless from all liability, loss 0< damage arising oUl of any injury to any
person or property occurring in, on, or .bout !he FacULty. except that CITY shall be
li3ble to BORROWER for damage resulling from the gross negligence or willful acts
or omissions of CITY or its authorized representatives. CITY sbal1 hold BORROW
ER. hannless for aU damages arising out of such inju.ry. A party~s obligation under
this paragraph .1",11 be limited to the sum that exceeds the amount of insurance
proceeds, if any, received by !he party being indemnif>ed.
SECTIONJQ. Tn..'"Urance.
BORROWER, at its sole cost. shall m:;;inrain public liability. persona!
injur)' and property damage insurance wi1.h a single combineO l!.mit c.f not less than
five bundre.:! thousand doHars ($500,000). or such coverage as is mo" fully sel forth
in Exlllbit D attached hereto and incorporared herein by this reference, insuring
against all liability of BORROWER an1 its authorized representalives arising 0"' of or
in connectiOI! with BORROWER's purcha<:e and use of the Facility. Such i..f1.<;.urance
sball insure performance by BORROWER of the bdemnity provisions hereof. Both
CITY and BORROWER sball be name.:! as additional insured, and the policy or
policies shall contain cross--liability endorsements..
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SECTION I!. Assim..'llent.
AU rights granted hereunder are persona! to BORROWER, and are not
assignable or t..-.m&ferab!e absent the prior written consent by CITY. 2nd any
attempled assignment thereof shall be void. BORROWER shaIl notify <ach holder of
a lien or encumbrance on me real property purchased hereunder. or the improvements
thereto, in writing. no less than thirty {30) days prior to imposition of any sucb lien
or encumbrance.
SECTION 12. Review and Demand for Assura..'"'iCes.
'The City Manager. or his or her designee, from time 10 time. may
inspect the Facility and the real property descn"bed herein and COnsull with
BORROWER fo< the purpose of Jelennirung compliance with the lerro.' of this
Ag=ment and the NOIe. The right of reasonable access al reasonable times to the
Facility and the real property on which it is located for such puI]Xlses is bereby
granted to Crry.
SECTION 13. Assur.ulCe of BORROWER
BORROWER certifIeS that;
(a) II p"s= L'>e legal authority to receive federal grant funds,
and to can, OUI the proposed program assisted thereby.
(b) It has duly acquainted it",lf with the funds applic.atiun, including
all understandings and assu""""", conlained therein, and has directed and authori7.ed
the person identified as the official representative of BORROWER to provide such
additional information as may be require'.! het<under.
(c) It has consenled to the jurisdiction of the federal courts for the
purpose of enforcement of its responsibilities imposed hereunder.
{d) It ...,m give maximum feasible priority to activilles which will
benefit low and modeJ'ite-inc:ome families or aid in the prevention or elimination of
slums or blight.
SECTION 14. Ccnfidemiality of Infonnation.
CITY and BORROWER agree to maintain me confidentia1ity of any
infonnation regarding applicants {or tbeir families} for services offered by
BORROWER pursuant to this Agreemel1l which may be obtained through application
Conns. interviews. tests. reports. from pubtic agencies or counselors or any other
source. Without the pennission of the applkanl, such information shaii be divulged
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only as necessary for purposes related to the performance or evaluation of the services
and work to be provided pursuant to Ibis Agreement, and tileD only to persons having
responsibility under the Agreement, including those furnishiDg services fa, the Project
under a subcontracL
EXECUTED by the parties in Palo Alto, California aD the date first
above written.
APPROVED:
CITY OF PALO ALTO
Mayor
ATTF.sT:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Finance
APPROVED:
COMMUNITY HOUSING, INC.
Director. Planning and
Community Environment
-'--'-=c--;----Manager, Real Property
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EXHIBIT A
COMMUNITY HOUSING, INC.
EMERGENCY GENERATOR PROJECT
SCOPE OF SERVICES
I. Activities to be Performed
A. Direct Se:vices
1. ConstIUction Proje<:t Sum,rulry
The project will consist of the purchas< and insiallation of a 200 k"W
dieseI engine powered gene[3Jor at LlJe senior residential facility located
oJ 656 Lytto" Averrue, Palo Alto, CA. The generator wiU supply
emergency power to the Lytton OlJ'de .. I and II common Idtchen and
dining areas in the event of a power outage. "W1len a. power outage
occurs, the generator will aDo", for uninremJpted meal service for the
facility'. elderly residents, and provide a lighted gatbering pl>ce in the
event of an emergency situation or prolonged power outage.
2. Competitive Bid Process
The CODlractor shaU be chosen througb • C<)mpetitive bId process. Tne
bid document shaIl contain all elements required by tbe CDBG
reguhdions.
3. Davis-Bacon Wage C~
lhe contractor selected for the project, as wen as any sub-contractors.
shall be required tD comply with an applicable federal prevailing wage
requirements .
B. Indirect Services
J • Activities as Proposed FaciIit)
c.\~\lJtIjelle-T.
Lytton Gardens] and H are low-income seruor resklential facilities
;>roviding affordable housing and supportive services to approximately
318 residents. Supportive services include recreational activities,
evening meals in a conunon dining facility. social services, and more
extensive. services such a.<; oousekeeping, personal care and three meals
.1 day for those in the assisted Jiving units.
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2. Reports and Submittals
An anwaJ report, stating the nwnber of clients served by the facility,
the age, ethnlcity and nwnbe[ of clients wbo are low and very low
income, &ball be submitted <0 CITY on an annull basis for the duration
of the Lien Period, (five (5) yun from the date of this Agr",.."ent)
This report shall be due by August 31 of eacb year and &ball cover the
immediately preceding fiscol year.
3. Very Low an<! Low Income Determination
To remain an eligible activity under this Agreement, at least 51 % of
the! cl~nts served must be of.ery Jow and low income, or included in
I "presumed benefit'" group in accordance with CDBG regulations.
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EXHIBIT B
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM ASSURANCES
In providing the services and work sel forth in the Agreement, BORROWER covenants and
agrees to execute the reh3.bilitation and constnlctioD work on me FaciJil)' in I matmer which
will permit CITY 10 fully comply with, and BORROWER sball strictly adhere to, comply
wim, aDd take all rrer.ssary measures to effectuate, the following covenants aDd COGB
a.ssunnces :
1. Civil ri..gbts and non-discriminarion Jaws..
2, Title VI of the Civil Rights ACi of 1964, as a!lleooed, and regulations issued
purruant to 24 CFR Pan 1, whicb provides that no perron in the Unired States shall
on the ground of race. color, or national origin, be excluded from pa.nicipation in, be
denie<l !be benefits of, or be otherwise subjected to discrimination under any program
or activity funded, in whole or in part, with federal fmanciaI assistance.
b. Title vm of the Civil RiglJ!s Act of 1968, as amende<!, 810:1 lmplementing
regulatiollS wbeo published, which provides for !be administration of all programs and
activities relating to r..ousing 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 Pan 570, which provides that no
person in the United States shall OD the ground of race. color. national origin or sex.
be excl\lded 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 feder
al TLIWlCia1 assistance.
d. Section 3 of the Housing and Urban Devdopment Ac{ of 196&, as l"lended.
and regulations issued pursuant to 24 CFR Part 35, which requires that to the greatest
extent feasible opportunities for teaming and employmeru be given to persons with
low and moderaTe incomes residing in fr-.c Project area benefitted by federa1 financial
assistance. and rontracts for work in connection with the Project shall be awarded to
eIigtole business concerns which are located in, or owned in substantial part by per
sons residing in, the vicinity of the Project.
e. Section 504 of the Rehabilitation Act of 1973. as amended, and implemenling
regulations when pUblished.
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f. The Age Discrimination Act of 1975. as amended, and implementing
regulations when published.
g. The Americans with Disabilities Act of 1990, a...; amended, and implementing
regulations when published.
h. The • American Standard Specifie>\ions for Making Buildings and Facilities
Accessible to and Usable by, tll<! Physically Handicapped: Number A-1I7.I-R 1971,
subject to tire exceptions c<>ntained in 41 CFR i 101-19.604, whkh requires every
building or facility (otlrer than • privately owned residential structural) designed,
COl'.structed, or altered with funds provided under 24 CPR 570 to be accessible to
persons with physical disabilities.
i. The Housing and Community Development Act of 1m, as ameDded. and tire
Uniform Rel=tion Assistance aDd R ... I Property Acquisition Policies Act of :970, as
lLl!eDded, and tire implClD<Ilting regoiarions wben published.
j. The unifOIlD administrative requirements (including tire cost and procuremcru
principles) set fonh in 24 CFR Part 8.l and OMB Cin;mars A-87, A-I 10, A-I22, A-
128 and A-133, which relate to tire acceptance and usc of federal funds by non-profit
organizations, and which require an agency receiving ii'l eltces. ... of $25,000 in HUD
grants to obtain at itS own expense an audit that complks wich the requirements of
OMB Circular A-133.
k. EXeCI!the Or:!er 11063 aDd regulations issued pursuant to 24 CFR Part 107,
which prov;des for equal oppvrtunity in bousing and nondiscrim.ination in the sale,
lea:ling, rental or other disposition of housing bu:lt with federal fmanc;ial assistance.
I. El<=tive Order 11246, .. amended by Executive Order 11375 and El<ecutive
Order 12086, and regoIations issued pursuant to 24 CFR Pan 130 and 41 CFR Part
60, which provide that no person shalt be discriminated against on the basis of race.
color, religion, sex, or national origin in aU phases .of employment during the perfor
mance of federaHY-3.Ssisted con.'imlCtion coruraccs.
BORROWER further c:o'\lenanls wit!l respect to the foregoing assurances that:
A. In the sale, lease, rental, transfer or other disposition of any real property on
which the Facility is l0C2ted, BORROWER sball include or cause to be mcIuded ill
any ~eed of trus[, mor.gage, indenture, or other in.<;trument of legal encumbrance
{-EncLIlI1brance") a covenant running with tlle land, prohibiting discrimination upon
the basis of race, color~ religion, sex, or national origin, in the sale, lease, rental,
traru:fer or other disposition of such land or .any improvements erected or to be
erected thereon, and providing that BORROWER and the United StalQ: of America
(HUD) are beneficiaries of and entitled [0 enforce such covenant.
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B. BORROWER shall take action 10 affirmatively further fair housing in the sale,
Jease, rcnml. cransfer or .other disposition of housing, cbc financing of housing, and
the provis.ic-n of brokerage services.
(I) BORROWER sholl certify .00 agree that BORROWER is under DO contractual
or other disability which would preveru BORROWER from complying with
these requirements.
(2) BOR..1(OWER shan send to eacb !aber o[ganization or workers' representative
with which BORROWER has 2: coJlective bargairting agreement or .oilier
similar coruract, if any, a DOtk:e advising such organization or representative
of BORROWER's eommitmeru under Section 3 of the Housing and Urban
Development Act of 1968. as amended, and sbalJ post copies of the OO!ice in
conspicuous places. 3\'ailable to employees and applicants for emp!oyment or
training.
c. BORROWER covenants [0 take affirmative action to ensure fair ~tmeDl in
all phases of employmeU!. training, apprenticeships. promotion, demotion, and trans·
fer, and recruitment or recruitment advertising.
2, FodeIal political and conflict of interest L1 ws .
a. The Anli·lUdeteering Act (also known as the Copeland Aoti·Racke!«ring
Act), as ..... nded. and regulations issued under 29 CPR Pan 3, which prolubits !tick·
baclcs in construction work funded with federa1 fmancial assistance.
b. The Hatzh Political Activity Act, as amended. and implementing regulations
when publisb<d. wbicll prolul>its the use of federal funds for lobbying activities.
BORROWER further COVeDants that:
A. BORROWER will establish safegumJs lO prohibit employees from using their
positions f(}[ a purpo~ !hac is or gi .... es the a~ of being motivated by .a desire
for private gain for themselves or others, panlcularJy those with whom they have
family. businr.ss. or other ties.
B. BORROWER will DO{ use the assistance provii::ed under the Agreement in thP.
payment of any bonus oc CotDmission for the purporoes of obtAining H UD approval of
the application for such assistance, or IruD approval of applications for additionai
assistance, or any other 3WTO .... a1 or concum:nc:e of HUD required under this. Agree
ment, Title 1 of the Housing and Community Development Act of 1974. as amended,
or applicable HtJD reguIafions. Reasonable fees or bona fide tech...-.icaI. consulUlnt,
managerial or other such services, other than actual solicitation, are not hereby
prohibited if iheir cost<; are otherwise eliEible as a COOB Program cost.
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C. BORROWER will not admi, any member of or delegati: (0 !he Congress of the
UpJted States or My Resident Commissioner to any share or pan (If this Agreemeru
or to allow any benefit to aii.se from the same.
3. Fed.nl labor .... employmenl laws
BORROWER covenants !haL
A. BORROWER will comply wilh aU applicable federal laboc laws, regulations,
and standards whkh require contractors engaged under contracts fO£ the cons!1Uction,
completion, or repair {If any building or work fmanced, in whole or in pan. with
a.ssisWlce providrrl under this Agreement, including an HUD requirements pertaining
to such colllIacts .... the: applicable requirements of the regulations of the: United
States Department of l..abor under 29 CPR Part 3, 29 CFR Part 5, and 29 CPR Part
Sa, governing lhe p3)ment of wages and the ratio of appn:ntices and trainees lO
journeymen. IT state or local law wage rates an:: higher than those required under the
federal regulations, nothing hereunder is intended to relieve BORROWER of its
obligation, if any. to require payment of the: higher rates. BORROWER shall cause
Of require to be inserted in full, in all such contrtcts SUbject to such regulatioll5,
provisions meeting the requirements of 29 CPR Part 5.5 and, for such colllIacts in
excess of $10.000, 29 CFR Pan 53.3. No award of contract covered under the
Agreement shall be made to any contrac[or who is at the: time ineligible to receive an
award of contract under the applicable regulaLiollS of tr..e United States Department of
Labor.
4. Environmental and energy law~.
•. Section 104(h) of the: Housing .... Community Development Act of 1974,
which prohIbits the release or commibnent of funds to any person, unless an
appropriate environmental review has been c:nnducted for the activity or program
being funde..i, all other environmemaJ requirements for the conduct of such KLivity or
program have been satisfied, and all proper authori7..ations to proceed with such
activity or program have been receivt:d from HUD.
b. Section 106 of the National Histork Preservalion Act, as amended, Executive
Order 11593, and implementing regulations when published, .... the: provisions of 16
U.S.C. § 469.-1, relating to the ihreat 10 prehistorical, historical, or archeological
data by federal construction projects, when perfomting environmental assessmeclS
under the National Enviromnental Policy Act of 1969, as amended, and implementing
regulations wben published.
c. Section 114 of the Clean Air Act, as amended, and implementing regulations
when publ..ned.
4
d. Section 308 of the Water Pollution Contre! Act, as amended, and
implementing regulations when published.
•. The provisions of 24 CFR Pan 35, as amended, which provides that no lead-
based paints sball be used in construction or rehabilitation work performed under
projects funded with federal fmaocial assistance.
f. The provisions of 24 CFR Pan 39, as amended, which provides that the
performance of rehabilitation work: shall conform to HUD energy standards for cost
effectiveness.
g. Executive Ord<r I1296, as amended, ,md implementing regulations wben
published, which relates to the evalWlnon of nood bazanI:;.
h. Executive Order 11288, as amended, and implementing regulations when
published, which relates to ~ prevention, contro), -and abatcmem of water pollution.
BORROWER fut<.ber covenarus !bar:
A. BORROWER's Facility wiu not be included on the "List of Violating
Facilities" issued by the United SUites Environmenlai Protection Agency (EPA)
pursuaoI to 40 CFR § 15.20.
B. BORROWER wiD give prompt notice of any notiflCl!tion received from the
Dim:lOr, Office of Fedenl Activities, EPA, that the Facllity is under consideration to
be listed on the "List of Violating Facilities.' All nonexempt subcontracts concerning
the Facility shall include the provisions of this paragraph.
C. BORROWER wiD cooperate fully in any federal enfon:enJenl actions instilUled
pursuaoI to applicable stalIIIes or regulation. •.
5. MisullaDeous provisions.
a. BORROWER will give HOO and the United Stales Controiler General tiuough
any authorized representatives access to and the right 10 examine an records. books,
paper" or documents related 10 the receipt and use of COOS gnnt funds under this
Agreement.
b. No officer. employee or agent of CITY who exercises any functJOfl.,j; or
responsibilities with respec' to the services and work to be provided by BORROWER
pursuant 10 this Agreement during his or her tenure or for one (1) year tlJereafter,
shall have any interest. direct or indirect, in Lltis Agreement or the proceeds thereof.
5
EXHmlT C
PROMISSORY NOTE
SECURED BY
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SHOR'f FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
$ 67,591.00 Date: ___ _
Palo Alto, California
FOR Y ALUE RECEIVED. COMMUNITY HOUSING. INC .•• cmporation organized under
the Nonprofit Public Bc""fit Ccrporation Law of the State of California ('BORROWER').
promises to pay 10 the Older of !be CITY OF PALO ALTO, , charter city and a municipal
corporatien ("CITY'}. We principal sum of SIXTY·SEVEN THOUSAND, FIVE HUNDRED
NINETY-TWO DOLLARS ($67,592.00) ,,!be efflce of Revenue Colle<:tians of IlJe City efPalo
Al,o. 250 Hamilton Avenue, P,O, Box 10250, Palo Alto, CA 94301, O! at such other place as
CITY mal' from time to time designate, With interest from IlJe date of litis PROMISSORY
NOTE SECURED BY SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
('Note'). until paid, at !be rate of three percer~ (3%) per year on IlJe unpaid principal balance,
This Nott is secured by • deed of trusl entilled ' SHORT FORM DEED OF TRUST AND
ASSIGNMENT OF RENTS' ('Deed of Trust') of even date herewith on BORROWER's
property loeared a, 6S6 Lytton Avenue, PaIo Alto, CA 94301 ("Fa<ility'),
This Note is made ill com>ection with an agreement entitled 'AGREEMENT BETWEEN THE
CITY OF PALO ALTO AND COMMUNITY HOUSING. INC TO REHABIUTATE A
BUILDING WITH FUNDS ALLOCATED DURING FISCAL YEAR 1991192 UNDER THE
COMMUNITY DEYELOPMEN'I BLOCK GRANT PROGRAM ('Agreement'), The
AgreemeDl provides that BORROV;"ER is !be recipient of certain Communi!:'! Development Block
Gran, ('CDGB') flmds designared fer certain e0<\5, including rehabilitalian costs far the Facility
related to IlJe purcbase and iIlstaIIa,ion of a 200 KW generater,
Any .mounts adv_Imder litis Note shaIJ, aI the option ef CITY, bewme i!lunediately due
and payable upon the occurrence of any of the foUowing: (a) Ibe failure by
BORROWER to commence the scope of services Of to (;omplcte. the scope of services set forth
in the Agreement by June 30, 1994; (h) the sale, transfer, or e\her disposition by BORROWER
of the Facility withou! the prior written consent of CITY prior to the explr.nion of a period of
five (5) years .fter the date of IlJe Agreement; (e) • US< by BORROWER of the Facility, prior
to the expiratioD of a period of fi';'e (5) yeaTS after the date ~ the Agreement, which vioiales the
applicable provisions ofCITY~s Cmorter, ordinances, or regulations. or which is not an ~e1igible
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activity" under the CDGB P,ogram of the llousiog and Community Development Acts of 1974
and 1977, as amended, and the regulations issued pu=ant lberoto by the United SUtes
Department of Housing and Urban Developmeot, or successor agency; and (d) an uncured
default under the Agreement, this Note, 0< the Deed of Tru,r. Subject to the telms of the
Agreement, the entire principal balance sllall be considered paid i~ full if, on lull' 27, 1998, Ibe
contingencies set forth in subparagraphs (a), (h), (c) and (d) above have not <X'-curred.
BORROWER, any endo""r of this Note, and any others who may become liable for all or any
part of the obligations evide~ by this Note may prepay all or any portioo of the principal sum
of !hi> Note, without penalty. Any and ,II payments made hereunder shall bo credited. fIrSt, on
the interest then due and, me remainder, OD me principa1 balance, and interest OD the principal
balance so credited shall thereupon cease.
BORROWER. any endorser of this Note. and any others who may hecome liable for all or any
part of the obligations evidenced by this Note or this Note. as amended, hereby individually
waive demand, p~ for paymeot, demand and protest. notice of protest, demand, and
of CishollOr and non-paYJ!lenI, and consent to any number of extensions or renewais of time
hereof. Any such extensions Dr renewals may be made without notice to any of ~ ob1igated
parties and without affecting their liability. The pleading of any stare.. of limitations as a
defense to any demand against BORROWER is expressed waived by BORROWER. If
BORROWER consists of more than one person or indi\l.tdual, each person or individual shan be
joiruly and severally liable uoo.r this Note.
BORROWER shall not further encumher, =rtgage or subject the Facility, or tho real property
on which it is located, or any interest rberein. to a deed of trust, mortgage, indenture. or olher
document of legal encumb= (lCldividuaIly, 'Encumbrance" and jointly. 'Encumbrances")
without the prior written consent of CITY .
Unless CITY sball expre.,ly agn:e otherwise, in writing, any Eru:lJmbrance affecting the Facility
sbaII provide that, in the event of any defaul, or breacb by BORROWER under any
Encumbrance enliUing any party thereunder to a"",)erate the indebtedness secured thereby and
:oreclose upon tlte Faci!ity -(1) CITY shall have the right, but noc the obHgation, to cure the
default prior to the compJetion of any foreclosure and reinstate the Eocumbranc:; or (2) pay
the total unpaid indebXdness secured by such Encumbrance, in which everu, sucb Encwnbrance
shall be released, canceled, or othe,rwise reconveyed.
Any amounts expended by CITY under the contingencies set forth in (I) or (2) of the preceding
paragrapb ,baIl be reimbursed by BORROWER upun demand of CITY therefor, and, in any
eyenr~ shall bear interest at the m3ximum rate permitted by Article XV, Section 1(2) of the
California Constitution, as may be amended from lime to time, from the dale such amounts were
advanced by CITY until paid by BORROWER in full. All such amounts, including interest and
any penalty authorized under the Agreement, this Not.e, or the Deed of Trust, shall be added to
the principal of this Note. The approval by BORROWER of any Encumbrance, and the placing
of a securi[y interest therefor on the FaCility, or any portion thereof, not containing the
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provisions of the preceding paragraph and this paragraph shall constitute a <kfaull under thi,
Note.
[( any <kraull is made hereunde', BORROVIER fUnher promises 10 pay reasonable attorneys'
fees and costs and expemes i""urred by CITY in connection with any sucb default or any other
action or other proc:e.eding brough!: to enforce any of the provisions ofthls Note, CITY's right
to such fees shaIJ IlOl be limired to or by its representation by staff .nerney' of CITY', OffIC<O
of tilt City Attorney, and ,ncb representalion WII be valued al the customary and reasonable
tares for private sector legal services.
The rclatiousbip of CITY and BORROWER eviden=l by this Note shall be deemed to be one
of ercditor and <kbtor and not of partnership or joim venture.
This Note may not be modified or amended excepl by an instrument in writing which expresses
such inIention of tilt parties 50Ughl 10 be bound thtreby, and such writing sha:l be firmly
attachl!d 10 this NO!e and ma<k a part thereof.
Any failun: of CITY or oIher hol<kr 10 exercise any rights under this Note shall 001 constitute
a wah"er of such r..g:iIts Of of any other rights under this Note.
This NOIe shaIJ be governed by and coostrued in accordance with the lows of the Sute of
California.
To the extent assigmnenl of this Note is permitted by CITY, the tenns of !his Nole sball apply
10, inure 10 the benefn of, and bind all of tilt parties therelo, their heirs, sue=.,on; and assigas.
EXECUTED BY BORROWER CD tilt date firs; abo"" written.
COMMlllloTIY HOUSING, INC,
=~~4~
Address:
C:\~~~r. 3
Flin. Gn1 " Hut<rich
3fOO W B.ys!Io .... SIIlI.
PO_loo36
P.1o Allo, C .... ,430)
The Cit, ofPato Aho,
.additiOf,la! insureds: .. o;:
lV$en.lur
City of Palo Alto
Planning Drpartment
2sf} Hamilton A venue
PO Box lil2SU
P.llo Allo, CA !NJOJ
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SHOOI...C Ali'( i THE ASQ¥£ DfSC-t>,!2£Cl PCt.\CIIi..~ e~ CA.NCELLto eEFOR[ TKf
p:PIRAl'"O' 0),~E: THfftfOF. "THE ISSVlIIIG C('itPAN'f I"Jl;.l )Ed'11ft.'Jlt$"::.U
~I!. _~_ o.e.v~ INRITTEN Nor'CE TO 'l'HE C~R7I~QIE. HOlDER IUlMED TO 'j"L£
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NEGATIVE. DECLARATICN
CIty of San JOSG, California
..
DISTRICI 110 • . _,-Tho lonla1 I"'~Y on whl<" this "'9,tivo Dod.,..tio. " ba •• d wU ~r.p,r.d by
the Dfr~tor of Plll:-al1ino and "i'S on f,1':' in the Off1r;e or tl';e DeP.IJI~lt!It"" of
Clh' r~Mn1ny.
PRQ)£tT lQCAllOlI llii'"proj0< [ Is ","",d on U'.' tCuth,,<T ,.rnot of curtner Av.·ut and AI",~.n
[,pre'~s"'iI)' .
C,Qutltj As~ESSO"" ~ p..:Jt"C<,l Wlwrte:-: I-l/.t. (1JlI r t of Almadeo [:<preHwoJY
Ri s,t-.f-\Io)')
PRCJf.tT 1>t:<C~IPTIC' 'lJi'Fpl"1lJecl c,onsTIt$ of • Pll1ntll'.d CY.!'vr. ~o~nt p.u¢r.!nSl from ", to ",(Ptl} 19
a"ow 4 6B
t
OOO .. quart l0t0t warehvut~ r"oOCl di~tdbut~on faei)i:ty on
iiII!';r:"OxfSlatt"Y J •• sru-t..!o. aer('S.
CEmrTU,TIOII lne thr~~r ~l(Hl"'i"'£ ;'Htiii~~ tf1<!\. the l:IbDW"; projoc.t will not Mil.'Je a
s1gnl f1¢ant effC(:t M the tnllln:l1'11r.f'nt. Tni' fir,cUn£) ts baS('<I 000 th~
followir\O con~lde1'l1.tions~
1. ThE' proj-E'ct 'S t'O~,hLII:M ..... ith \l'I~ eno;~ron~ntal goals Md po'lC
1
l'5..
and __ Hh the Unt:! "$"iTr~llsporti!l',J(ln D11grll'1 of the CHY'$ Geflel"61
Plan.
2. Adequ~\e r:f;.Jt'\icipac1 sfOn';c.CS~ ;ociu;11ng ~vel:t c.l!:padty. ~r~
tvailalJle t~ H;-ve the ~roj~.:t.
3_ ~JO ri("f' or ei\-::(,I'l~(>r~d We:i.(!~ of nor-I! t'll" fautil .re itnmm tc it'l~,(l.bit
tht" s.ite. lie ~~g/~! ric;;_r~t trl?~!-"r~ pre;;ent en the properly.
~. east'CI Oil ! tr-: n,· ~~:,~:, !or th~:; pr~~-?(t. ttlere is Sf.Jfflcitnt
t.1f!ad ty ',~ Vle lr-'~ ---~ .. ,f_i!')r: systeell tr', ~cccrM'lOdl;lte vtff H.
generated ':.'.'1 v''.':;
5-. An arcth1E"::,:og~r.;:'
tho:! prCjo:;"~·. sM,:l
cultL.r~l "i'~:'1'."f
. t :;..j:':\ii!. t~(j orf 1,he proposal indiotes !nllt ~ '_ .• t: Jl.)' '.i.pn; flcar.t 1f11pM~t otl Id 5otodc-I1 0"
; !
i
\
I
i
I
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6. Tilt ~'II'·ojeet ~~, l hhe "'" '5:tgn1 Hunt tllp~ct M fh~ an-d l,Iildlffe
... ·-,S-:-·:Il"CeS aniS ""n1 Me~t aH Dbjcctfves of Stction 7n.'2 of the fish
and !ja~ C!')d!'.
(';ar,)" J. sc.~oenr.o!Il.'er
01rtrt~r 01 P~a~n1ns
MSC:SW:h<
POCSli ~1-Q4-028
~s~9.mYE IltCL~RA11~~
'Tl'lt nlr(t(:tol"'~ finding """1 be rr~f_-:,'St!'d i"r.: writfng by ,,"y pers.-on ~~fart the
upirltiOfl of $.evl!'j'l (1) days ,f\, .. ,;r' tn~ dn~ of adolJtfon ('It this ~tgath,=
Dechra.tfO!1. SUt:h pro.ti!st !i~ll ~I:' f'i'~ in Ute (ity P1I""1n9 Oerartmfnt.
C1ly N.ll ,lnne., 8m NOrt~ Fi"t sv •• t, ~O. ~oo, Sa. Jon, upon p.Jl!Ient of
the $50 fOinS te. and shall ino1"~. I .t,t .... "t spooHy1n9 tho, •• ntldp.t~
ei1yiromren~' effects .~htch fflb.'j be-sfgn1 f1carot. ~ p:rous.t of e Negat1 VO!
oeclaratlon will be heard t,y th{' f1'.a.nnhg (()lIVIIh5fo~ at the u.rl1f:SL date.