HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-061 2021-2022 FY HOME Investment Partnership FundsTemp. Reso. No. 13799
June 8, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022- NP
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2021-
2022 FISCAL YEAR HOME INVESTMENT PARTNERSHIP
("HOME") FUNDS IN THE AMOUNT OF $114,584 FOR A
TERM RETROACTIVELY COMMENCING OCTOBER 1,
2021 WITH AN END DATE OF MARCH 31, 2023;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF TAMARAC FOR
THE DESIGNATION OF SUBRECIPIENT AND
PROVIDING FOR DISBURSEMENT OF HOME
PROGRAM FUNDS FOR THE OWNER -OCCUPIED
MINOR HOME REPAIR PROGRAM, FISCAL YEAR 2021-
2022, ATTACHED HERETO AS EXHIBIT "A", AND
INCORPORATED HEREIN; PROVIDING FOR
CONFLICTS PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Tamarac ("City") and Broward County ("County") are
members of the Broward County HOME Consortium ("Consortium"), and are subject to
the terms and conditions of the HOME Investment Partnership Program Consortium
Cooperation Agreement ("HOME Agreement") renewed by the City and the County on
June 14, 2011; and
WHEREAS, in its representative capacity for members of the Consortium to the
Department of Housing and Urban Development ("HUD"), the County is the recipient of
HOME funds from HUD, and has allocated these funds to various municipalities within
the County, including the City; and
WHEREAS, the City must be designated as HOME subrecipient in order to directly
execute contracts for HOME eligible activities; and
Temp. Reso. No. 13799
June 8, 2022
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WHEREAS, the City Commission desires the City to be designated as a HOME
subrecipient and to enter into the Interlocal Agreement with the County for HOME
Program funds for Fiscal Year 2021-2022 in the amount of $114,584 for a term
retroactively commencing October 1st, 2021 and ending march 31, 2023, a copy of which
is attached hereto as Exhibit "A"; and
WHEREAS, the Community Development Director recommends the approval of
the Interlocal Agreement with the County for HOME Program funds for Fiscal Year 2020-
2021 in the amount of $114,584, for a term retroactively commencing October 1st, 2021
and ending March 31, 2023; and
WHEREAS, it is recommended that the City Manager be authorized to exercise
any extensions to the contract if necessary and appropriate; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City to enter into the Interlocal
Agreement with the County for the Designation of Subrecipient and Disbursement of
HOME Program funds for housing rehabilitation under the City's Owner -Occupied Minor
Home Repair program for Fiscal Year 2021-2022 for expenditures retroactively
commencing October 1st, 2021 through March 31, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1:
The foregoing
"WHEREAS" clauses are
hereby
ratified
and
confirmed as being
true and correct
and are hereby made a
specific
part of
this
Temp. Reso. No. 13799
June 8, 2022
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Resolution. All exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
SECTION 2: The City Commission approves the Interlocal Agreement and the
designation of the City of Tamarac as a subrecipient for purposes of the HOME
Investment Partnership Program Consortium Cooperation Program, and further
authorizes the appropriate City officials to execute the Interlocal Agreement with Broward
County for Designation of Subrecipient and Disbursement for the HOME Program for
Fiscal Year 2021-2022, a copy of which is attached hereto as Exhibit "A".
SECTION 3: The City Manager is authorized to exercise any extensions to the
contract if necessary and appropriate.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
Temp. Reso. No. 13799
June 8, 2022
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS V _ DAY OF JUNE, 2022.
ATTEST:
A u.
KIMBERL"d DILLON
ACTING CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
CITY OF TAMARAC, FLORIDA
Michelle J. Gomez, R
M.
GOMEZ
M.
BOLTON
M.
GELIN
t'
E.
VILLALOBOS
D.
PLACKO
�;✓ S
K-y' WARD
COUNTY
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING
REHABILITATION PROGRAM FOR FISCAL YEAR 2021 — 2022
(CFDA # 14.239 / FAIN # M21 -DC1 20201)
This Agreement ("Agreement") is made and entered by and between
Broward County, a political subdivision of the State of Florida ("County"), and City of
Tamarac, a municipal corporation of the State of Florida ("City") (collectively referred to
as the "Parties").
RECITALS
A. Pursuant to 24 C.F.R. Part 92.101, the Parties entered into a standard
form HOME Consortium Cooperation Agreement, incorporated herein by reference,
pursuant to which the Parties joined the Broward County HOME Investment
Partnerships Program Consortium ("HOME Consortium"), and County was designated
the HOME Consortium's representative member or lead entity to carry out the
objectives of the HOME Program (as herein defined) on behalf of all of the HOME
Consortium's members.
B. County, as the representative member or lead entity for the HOME
Consortium is the recipient of HOME Program funding from the United States
Department of Housing and Urban Development ("HUD") for all members of the HOME
Consortium, pursuant to the HOME Investment Partnerships Act ("HOME Act") at Title II
of the Cranston -Gonzalez National Affordable Housing Act of 1990, with implementing
rules and regulations set forth in 24 C.F.R. Part 92, and County desires to allocate a
portion of the HOME Program funding to City.
C. Pursuant to 24 C.F.R. Part 92.105, County has been designated by HUD
as a participating jurisdiction and receives its HOME funding allocation pursuant to the
County's consolidated plan, submitted to HUD in accordance with 24 C.F.R. Part 91.
D. The Project (as defined herein) was included in County's consolidated
plan.
E. On December 14, 2021 (Agenda Item No. 49), the Broward County Board
of County Commissioners authorized HOME funding to City in the amount of $114,584
to fund the Project in City, under the terms more specifically described herein.
F. The federal award information required by 2 C.F.R. Part 200.332(a) is set
forth in Exhibit A to this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency
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of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Board means the Board of County Commissioners of Broward County, Florida.
1.2 Commitment means "Commitment" as defined under 24 C.F.R. Part 92.2.
1.3 Contract Administrator means the Director of the Housing Finance and
Community Redevelopment Division, or such other person designated by same in
writing.
1.4 County Administrator means the administrative head of County appointed by
the Board.
1.5 County Attorney means the chief legal counsel for County appointed by the
Board.
1.6 HOME Funds means the HOME Program (as defined herein) funds provided to
City under this Agreement, as set forth in Exhibit B to this Agreement.
1.7 HOME Program means the HOME Investments Partnerships Program
established pursuant to Title II of the Cranston National Affordable Housing Act
(42 U.S.0 1271 et seq.), with implementing rules and regulations set forth in
24 C.F.R. Part 92.
1.8 Income Eligible Household means a "low-income" or "very low-income" family,
each as defined in 24 C.F.R. Part 92.2.
1.9 Project means the project provided and implemented by City, as described in
Exhibit A to this Agreement.
1.10 Project Completion means when the Project meets certain conditions set by
County for close-out, including but not limited to: construction completion (if applicable),
title transfer (if applicable), property standards met, funds disbursed and final draw -
down, completion information entered into HUD's Integrated Disbursement and
Information System (IDIS), including beneficiary information for purchase assistance
projects, and completion of all required reports and documentation required by County.
1.11 Rules and Regulations of HUD means the rules and regulations of HUD,
including but not limited to 24 C.F.R. Part 92, "HOME Investment Partnerships
Program," 24 C.F.R. Part 91, "Consolidated Submissions for Community Planning and
Development Programs," the applicable provisions under 2 C.F.R. Part 200, "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards," Fair Housing Act, 42 U.S.C. 3601 et seq., Section 301 of the Housing and
Urban -Rural recovery Act of 1983; Pub. Law No. 98-181, 97 Stat. 1155, CPD Notice 92-
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18, Procedures for the Cash and Management Information (CMI) System for the HOME
Program, and any Executive Orders issued by the federal government or any final rule
changes set forth in the Federal Register impacting the HOME Program, as amended
from time to time, and which are incorporated herein by reference.
1.12 Subcontractor means an entity or individual providing services to City for all or
any portion of the Project. The term "Subcontractor" shall include all subconsultants.
ARTICLE 2. EXHIBITS
The following exhibits are attached hereto and incorporated into this Agreement:
Exhibit A
Project Description
Exhibit B
Budget
Exhibit C
Project Timeline
Exhibit D
Monthly Progress Report
Exhibit E
Request for Payment
Exhibit F
Form of Mortgage and Note
Exhibit G
Affirmative Marketing Policy
Exhibit H
Homebuyer/Homeowner Agreement
ARTICLE 3. PROJECT
3.1 City shall provide and implement a Housing Rehabilitation Program for Income -
Eligible Households in City as outlined in Exhibit A attached hereto.
3.2 City must comply with the Project Timeline set forth in Exhibit C. If City fails to
meet any of the deadlines set forth in Exhibit C by sixty (60) days or more, County may
terminate this Agreement in accordance with Article 11 of this Agreement and/or may
reallocate the remaining unexpended HOME Funds under this Agreement in
accordance with Section 4.10 of this Agreement. Time is of the essence in performing
the duties, obligations, and responsibilities required by this Agreement.
3.3 Monitoring and Reporting. County will carry out periodic monitoring and
evaluation activities as determined necessary in County's discretion, and as required by
applicable law. County has the right to conduct a full review of the Project at any time.
County's evaluation of the Project will include, but not be limited to, compliance with the
terms of this Agreement, and comparisons of planned versus actual progress relating to
the Project's scheduling, budget, in -kind contributions, and output measures.
3.3.1 Upon County's request, City shall promptly furnish to County such records
and information requested by County related to the Project.
3.3.2 City shall meet with County at reasonable times and with reasonable
notice to discuss the Project.
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3.3.3 City shall provide County with monthly progress reports in substantially the
form provided in Exhibit D, attached hereto or such other form as may be
provided to City by County, in County's discretion ("Monthly Progress Reports").
The Monthly Progress Reports for each month must be submitted to County no
later than the tenth (10t") calendar day of the following month, provided that, if
such date is a Saturday, Sunday, or holiday, the Monthly Progress Report may
be submitted on the business day immediately following such Saturday, Sunday,
or holiday.
3.3.4 In addition to the Monthly Progress Reports, City shall submit on a
quarterly basis, and at other times upon the request of the Contract
Administrator, information and status reports required by County or HUD on
forms approved by the Contract Administrator.
3.3.5 The Parties shall cooperate in the preparation of any and all reports
required under this Agreement. City shall furnish to County any information
County requests for preparation of reports required under 2 C.F.R. Part 200,
24 C.F.R. Part 92, and the Rules and Regulations of HUD, including but not
limited to, the consolidated plan, annual action plan, and the annual performance
report. Any changes to the Project as described in the consolidated plan, and/or
the annual action plan must be approved by County prior to implementation.
3.4 If the work, services, or activities for the Project fail to comply with the terms of
this Agreement, or if, in County's judgment, City, or any Subcontractor, has violated
federal guidelines or regulations, or the terms of this Agreement, County may issue a
written stop order to City pursuant to which City must halt all work, services, or activities
for the Project.
3.5 City shall ensure that the recapture and affordability restrictions set forth in
24 C.F.R. Part 92.254 are enforced by requiring that each person provided HOME
Funds under this Agreement shall execute a mortgage and a promissory note in favor of
County in the forms attached hereto as Exhibit F. City shall ensure that the amount of
HOME Funds and the affordability period set forth in the mortgage and promissory note
are consistent with the requirements of 24 C.F.R. Part 92.254 and Exhibit A hereto.
The executed mortgage and promissory note shall be properly recorded by City and
must be furnished to County within ten (10) days after recordation. City shall cooperate
with County to modify and re-record any mortgages and notes to the extent modification
is required for compliance with the Project terms submitted to HUD or this Agreement.
3.6 HOME Funds shall be provided by City only to Income Eligible Households.
3.7 City shall meet or exceed the standards described in Exhibit A, and all applicable
codes, ordinances, statutes, and any other regulations imposed by any regulatory body
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or authority governing the design, permitting, construction, and approval of the
rehabilitation performed under the Project.
ARTICLE 4. FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount payable of HOME Funds to City under this Agreement
shall be One Hundred Fourteen Thousand Five Hundred Eighty -Four Dollars
($114,584). This Agreement is subject to the availability of HOME Funds, as more
specifically described in Articles 4 and 11. No County funds shall be payable under this
Agreement. The HOME Funds payable under this Agreement are HOME Funds
allocated by County to City in accordance with 24 C.F.R. Part 92 and are not
designated as a fifteen percent (15%) Community Housing Development Organization
set -aside.
4.2 If City is in compliance with the applicable Rules and Regulations of HUD and the
terms of this Agreement, including the procedures for invoices and payments set forth in
this article, County shall reimburse City for eligible Project expenses expended as set
forth in Exhibit B, unless a suspension of payment as provided for in Section 4.9 of this
Agreement has occurred. At no time shall County distribute HOME Funds to City if City
is not in compliance with the terms of this Agreement or for any Project expenses
sought to be reimbursed by City that are not eligible for reimbursement under the Rules
and Regulations of HUD. If HUD reduces the HOME funding allocation to the HOME
Consortium, County shall reduce City's allocation proportionately.
4.3 City may not request disbursement of HOME Funds under this Agreement until
the funds are needed for payment of eligible costs under 24 C.F.R. Part 92.206. City
shall invoice County monthly, in an amount limited to the amount needed, if eligible
Project expenditures, in accordance with Exhibit B and 24 C.F.R. Part 92.206, have
been made, by furnishing to County a request for payment in the form provided in
Exhibit E, together with the following supporting documentation:
4.3.1 Documentation of costs associated with any City personnel providing any
services for the Project, if applicable;
4.3.2 An executed copy of each Subcontractor contract authorizing work,
services, activities, or purchase of materials for the Project, if applicable
and not previously submitted to County;
4.3.4 A certified copy of the purchase order or other City document authorizing
the work, services, activities, or materials for which City is invoicing;
4.3.5 A copy of all Subcontractor invoices for the Project indicating the work,
services, or activities rendered or materials purchased and the dates for
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same, certified by City's engineer, architect, or administrator or manager
of the Project, as applicable;
4.3.6 A certification from City's administrator or the administrator's authorized
representative certifying that the work, services, or activities, or materials
being invoiced have been received or completed;
4.3.7 Upon submittal of the final invoice for reimbursement of eligible Project
expenditures made during the term of this Agreement, a final and
complete Monthly Progress Report, utilizing the form provided in
Exhibit D or such other form as may be provided to City by County, in
County's discretion; and
4.3.8 For reimbursement of the final billing requested by City, City must provide
the following additional documentation:
(a) Evidence, satisfactory to County, of completion of all Project work
and objectives;
(b) Copies of executed release forms from all Subcontractors;
(c) Final documentation, including applicable payroll documents,
required under the Davis -Bacon Act (40 U.S.C. 276a-276a-7) and
Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701 u, and the implementing regulations at
24 C.F.R. Part 75, as applicable);
(d) Copies of final certified plans and drawings, if applicable;
(e) Copies of final permits for the Project, if applicable, and evidence
that all permits for the Project have been closed;
(f) Final request for payment, in the form provided in Exhibit E,
requesting reimbursement; and
(g) Any other documentation reasonably required by County in
connection with reimbursement of the final billing amount.
4.4 Following receipt of invoices and supporting documentation, as described in
Section 4.3, County shall review the invoices and supporting documentation to
determine whether the items invoiced have been received or completed and that the
invoiced items are proper for payment. County may, in its discretion, deny a
reimbursement payment to City if City fails to provide any of the documentation required
by Section 4.3 above. Upon determination by County that the items invoiced have been
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received or completed, County shall make payment to City the amount County
determines to be payable. Payment for travel costs or
travel -related expenses permitted under Exhibit B to this Agreement, if any, shall be
made in accordance with Section 112.061, Florida Statutes.
4.5 City shall disclose to County any and all third -party funding, whether public or
private, for the Project. No HOME Funds shall be used to supplant existing third -party
funding.
4.6 City shall not be entitled to reimbursement for any invoices received by County
later than sixty (60) days after the expiration or earlier termination of this Agreement.
4.7 County shall pay City within thirty (30) calendar days after receipt of City's
Request for Payment for reimbursement of eligible Project expenses in accordance with
County's Prompt Payment Ordinance, Section 1-51.6, Broward County Code of
Ordinances. To be deemed proper, all invoices must comply with the requirements set
forth in this Agreement, including the requirements of Section 4.3. Payment may be
withheld for failure of City to comply with any term, condition, or requirement of this
Agreement or the Rules and Regulations of HUD.
4.8 City shall expend the HOME Funds allocated to the Project by the end of the
term of this Agreement. All HOME Funds not expended within the term of this
Agreement shall remain in the custody and control of County. City shall ensure there is
an expenditure of HOME Funds within twelve (12) months of the execution of this
Agreement by the Parties, and thereafter, every ninety (90) days, to the greatest extent
possible.
4.9 County may suspend payment under this Agreement for any of the following
events:
4.9.1 Ineligible use of HOME Funds under this Agreement or the Rules and
Regulations of HUD;
4.9.2 Failure to comply with the terms of this Agreement;
4.9.3 Failure to submit reports as required, including Monthly Progress Reports,
including beneficiary data, and a favorable audit report;
4.9.4 Submission of incorrect or incomplete reports in any material respect; and
4.9.5 Failure to comply with the indemnification obligations under this
Agreement.
In the event County elects to suspend payment to City pursuant to this section,
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County shall specify the actions that must be taken by City as a condition
precedent to resumption of payments, and specify a reasonable date by which
City must take such actions.
4.10 At the sole discretion of the Contract Administrator HOME Funds that are not
expended during the term of this Agreement and that are not provided to or reimbursed
to City under this Agreement, including but not limited to funds unexpended due to a
failure to meet the deadlines in accordance with Section 3.2 or failure to comply with
any other terms of this Agreement, may be reallocated by County to other HOME
Program projects approved for funding by the Board.
4.11 Any HOME Funds paid to City in excess of the amount to which City is finally
determined to be entitled to under this Agreement shall be repaid to County within a
reasonable period after demand, and if not paid, County may make an administrative
offset against other requests by City for reimbursements.
4.12 City shall invoice all Subcontractor fees, whether paid on a "lump sum" or other
basis, with no markup. All Subcontractor fees shall be billed in the actual amount paid
by City.
4.13 Notwithstanding any provision in this Agreement to the contrary, County shall not
be required to reimburse City any HOME Funds under this Agreement if County is not
able to obtain such funding from HUD for the payment of these costs, and County may
withhold, in whole or in part, payment to City to the extent necessary to protect itself
from loss on account of inadequate or defective work that has not been remedied or
resolved in a manner satisfactory to the Contract Administrator, or due to City's failure
to comply with this Agreement. The amount withheld shall not be subject to payment of
interest by County.
4.14 Notwithstanding any provision in this Agreement to the contrary, in the event
County is required to repay HUD any HOME Program funding received from HUD for
the Project, pursuant to any repayment requirements set forth in 24 C.F.R. Part 92, or
any other applicable Rules and Regulations of HUD, City must repay County such
HOME Funds in accordance with the repayment provisions set forth in Section 9.5 of
this Agreement.
ARTICLE 5. INDEMNIFICATION
5.1 To the extent permitted by law, and without either party waiving its sovereign
immunity or any limits established by Section 768.28, Florida Statutes, City shall
indemnify, hold harmless, and defend County and all of County's officers, agents,
servants, and employees (collectively, "Indemnified Party") from and against any and all
causes of action, demands, claims, losses, liabilities, and expenditures of any kind,
including attorneys' fees, court costs, and expenses, including through the conclusion of
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any appellate proceedings, raised or asserted by any person or entity not a party to this
Agreement, and caused or alleged to be caused, in whole or in part, by any intentional,
reckless, or negligent act or omission of City, its officers, employees, agents, or
servants, arising from, relating to, or in connection with this Agreement (collectively, a
"Claim"). In the event any Claim is brought against an Indemnified Party, City shall,
upon written notice from County, defend each Indemnified Party against each such
Claim by counsel satisfactory to County or, at County's option, pay for an attorney
selected by the County Attorney to defend the Indemnified Party.
To the extent considered necessary by the Contract Administrator and the County
Attorney, any sums due City under this Agreement may be retained by County until all
Claims subject to this indemnification obligation have been settled or otherwise
resolved. Any amount withheld shall not be subject to payment of interest by County.
Nothing herein shall be construed as consent by a state agency or political subdivision
of the State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract. The obligations of this section shall survive the
expiration or earlier termination of this Agreement.
5.2 For construction -related activities. To the extent permitted by law, and without
either party waiving its sovereign immunity or any limits established by Section 768.28,
Florida Statutes, City shall indemnify and hold harmless County, its officers, and
employees from liabilities, damages, losses, and costs, including but not limited to
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of City and persons employed or utilized by City in the
performance of this Agreement. To the extent considered necessary by Contract
Administrator and County Attorney, any sums due City under this Agreement may be
retained by County until all of County's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved, and any amount withheld shall not
be subject to payment of interest by County. These indemnifications shall survive the
term of this Agreement.
ARTICLE 6. INSURANCE
6.1 City is a governmental entity and is fully responsible for the acts and omissions of
its agents or employees, subject to any applicable limitations of Section 768.28, Florida
Statutes.
6.2 Upon request by County, City must provide County with written verification of
liability protection that meets or exceeds any requirements of Florida law. If City holds
any excess liability coverage, City must ensure that Broward County is named as an
additional insured and certificate holder under such excess liability policy and provide
evidence of same to County.
6.3 If City maintains broader coverage or higher limits than the minimum coverage
required under Florida law, County shall be entitled to such broader coverage and
higher limits on a primary and noncontributory basis. County's insurance requirements
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shall apply to City's self-insurance.
6.4 In the event City contracts with a Subcontractor to provide any of the services for
the Project, City shall require that each Subcontractor procure and maintain insurance
coverage that adequately covers each Subcontractor's exposure based on the services
provided by that Subcontractor. City must ensure that all such Subcontractors name
"Broward County" as an additional insured and certificate holder under the applicable
insurance policies. City shall not permit any Subcontractor to provide services for the
Project until the insurance requirements of the Subcontractor under this section are met.
If requested by County, City shall furnish evidence of insurance of all such
Subcontractors.
6.5 County reserves the right, but not the responsibility, to periodically review any
and all insurance policies and to reasonably adjust the limits and/or types of coverage
required herein, from time to time throughout the term of this Agreement.
ARTICLE 7. REPRESENTATIONS AND WARRANTIES
7.1 City certifies, to the best of its knowledge, that:
7.1.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of City, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
7.1.2 If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Agreement, City shall complete and submit to County
Standard Form - LLL, "Disclosure Form to Report Lobbying," set forth in
Appendix B to 24 C.F.R. Part 87, in accordance with its instructions.
7.1.3 The language of this section shall be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and all subgrantees
shall be required to certify and disclose accordingly.
7.2 In accordance with Section 519 of the Department of Veterans Affairs and
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Housing and Urban Development, and Independent Agencies Appropriations Act, 1990
(Public Law 101-144) and Section 906 of the Cranston -Gonzalez National Affordable
Housing Act (Public Law 101-625), which amended Title I of the Housing and
Community Development Act of 1974, City represents and warranties that it has
adopted and is enforcing policies within its jurisdiction that:
7.2.1 Prohibit the use of excessive force by law enforcement agencies against
any individuals engaged in nonviolent civil rights demonstrations; and
7.2.2 Enforce applicable State and local laws that prohibit any action that
physically bars an entrance to or exit from, a facility or location where a
nonviolent civil rights demonstration is being conducted.
7.3 Verification of Employment Eligibility. City represents that City and each
Subcontractor have registered with and use the E-Verify system maintained by the
United States Department of Homeland Security to verify the work authorization status
of all newly hired employees in compliance with the requirements of Section 448.095,
Florida Statutes, and that entry into this Agreement will not violate that statute. If City
violates this section, County may immediately terminate this Agreement for cause and
City shall be liable for all costs incurred by County due to the termination.
7.4 Prohibited Telecommunications Equipment. City represents and certifies that it
and its Subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system, as such terms are used in
48 CFR §§ 52.204-24 through 52.204-26. City represents and certifies that City and its
Subcontractors shall not provide or use such covered telecommunications equipment,
system, or services during the term of this Agreement.
7.5 Representation of Authority. City represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of City, and that neither
the execution nor performance of this Agreement constitutes a breach of any agreement
that City has with any third party, or violates any law, rule, regulation, or duty arising in
law or equity applicable to City. City further represents and warrants that execution of
this Agreement is within City's legal powers, and each individual executing this
Agreement on behalf of City is duly authorized by all necessary and appropriate action
to do so on behalf of City and does so with full legal authority.
7.6 Breach of Representations. In entering into this Agreement, City acknowledges
that County is materially relying on the representations and warranties of City stated in
this article. County shall be entitled to recover any damages it incurs to the extent any
such representation or warranty is untrue. In addition, if any such representation or
warranty is false, County shall have the right, at its sole discretion, to terminate this
Agreement without any further liability to City, to deduct from HOME Funds due to City
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under this Agreement the full amount of any value paid in violation of a representation
or warranty, or to recover all HOME Funds paid to City under this Agreement.
ARTICLE 8. GENERAL COMPLIANCE OBLIGATIONS
8.1 City shall comply with all applicable federal, state, and county laws, ordinances,
codes, and regulations relating to the use of HOME Funds, including but not limited to
the Rules and Regulations of HUD and requirements that may be imposed by the
HOME Consortium. Any conflict or inconsistency between any federal, state, or county
regulations and this Agreement shall be resolved in favor of the more restrictive
regulations.
8.2 City shall comply with 2 C.F.R. 92.356 regarding conflicts of interest and shall
establish safeguards to prohibit its 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 with whom they have family, business, or other
association. Any possible conflict of interest on the part of City, its officers, employees,
or agents shall be disclosed in writing to County.
8.3 City shall use its own procurement procedures for the procurements of property
and services. City's procurement procedure shall comply with applicable federal, state,
and local laws and regulations, including but not limited to, the procurement standards
set forth in 2 C.F.R. Part 200, Subpart D, including but not limited to 2 C.F.R. Part
200.321. All contracts with Subcontractors for the Project shall contain any and all
applicable required contract provisions set forth in 2 C.F.R. Appendix II to Part 200.
8.4 City shall comply with the requirements set forth in County's "Policies and
Procedures Manual," as may be amended from time to time, and incorporated herein by
reference. County will provide City with a copy of the manual and any amendments
thereto.
8.5 City shall not use HOME Funds to support or engage in any explicitly religious
activities, including but not limited to activities that involve overt religious content such
as worship, religious instruction, or prose lytization, in compliance with
24 C.F.R. Part 92.257 and 24 C.F.R. Part 5.109.
8.6 City shall not take actions designed to discourage affordable housing for sale or
rent within the boundaries of County.
8.7 City shall comply with the requirements set forth in 24 C.F.R. Part 92,
Subpart H, Other Program Requirements, and 24 C.F.R. Part 5, as applicable to the
Project including but not limited to the following:
8.7.1 Title VI of the Civil Rights Act of 1964, as amended
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(42 U.S.C. 2000d et seq.), and implementing regulations at
24 C.F.R. Part 1, which prohibit discrimination of persons on the basis of
race, color, or national origin, including but not limited to exclusion from
participation in, being denied the benefits of, or being otherwise subjected
to discrimination under any program or activity for which City receives
federal financial assistance.
8.7.2 Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended by
the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), and
implementing regulations at 24 C.F.R. Part 100 et seq., which prohibit
discrimination of persons on the basis of race, color, religion, sex, and
national origin in housing practices, and which require that no action be
taken that is materially inconsistent with the obligation to affirmatively
further fair housing.
8.7.3 Executive Order 11063, as amended by Executive Order 12259
(Equal Opportunity in Housing Programs) and implementing regulations at
24 C.F.R. Part 107.
8.7.4 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.),
and the implementing regulations at 24 C.F.R. Part 146, which prohibit
discrimination of persons on the basis of age under any program or
activity for which City receives federal financial assistance.
8.7.5 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the
implementing regulations at 24 C.F.R. Part 8, which prohibit discrimination
of qualified individuals with disabilities in participating in, or receiving
benefits and services under any program or activity for which City receives
financial federal assistance.
8.7.6 Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), and the
implementing regulations set forth in 24 C.F.R. Part 40, which require
certain federally funded buildings and other facilities to be designed,
constructed, or altered in accordance with standards that ensure
accessibility to, and use by, physically handicapped persons.
8.7.7 Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of
disability in services, programs, and activities provided by state and local
government entities.
8.7.8 Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701 u, and the implementing regulations at 24 C.F.R. Part 75,
as applicable), which provides for training, employment, contracting, and
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other economic opportunities for low- and very low-income persons.
8.7.9 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352
and implementing regulations and restrictions on lobbying set forth in 24
C.F.R. Part 87; and the requirements for funding competitions established
by the Department of Housing and Urban Development Reform Act of
1989 (42 U.S.C. 3531 et seq.).
8.7.10 The prohibitions set forth in 2 C.F.R. Part 2424 relating to the use of
debarred, suspended, or ineligible contractors and participants.
8.7.11 The Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the
implementing regulations set forth in 2 C.F.R. Part 2429.
8.7.12 The provisions relating to labor set forth in 24 C.F.R. Part 92.354 and the
Davis -Bacon Act (40 U.S.C. 3141), which relates to all laborers and
mechanics employed in the development of any part of the housing, and
requires contracts to be subject to the overtime provisions, as applicable,
of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701).
8.7.13 The Residential Lead -Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852d) and the implementing regulations set forth in
24 C.F.R. Part 35, if applicable.
Notwithstanding the above, in compliance with 24 C.F.R. Part 92.504(c)(2)(vi), City
does not assume County's environmental responsibilities described in
24 C.F.R. Part 92.352 and the intergovernmental review process in
24 C.F.R. Part 92.357.
8.8 City shall comply with the application requirements under 24 C.F.R. Part 5,
Subpart L, in order to afford persons assisted with HOME Funds the protections
required under the Violence Against Women Reauthorization Act of 2013 ("VAWA")
(Public Law 113-4, originally codified in part at 42 U.S.C. Sections 13701 through
14040), which provides, in part, the following: notification of occupancy rights to
applicants for housing and tenants, in accordance with 24 C.F.R. Part 5.2005(a);
construction of lease terms and terms of assistance to avoid unwarranted
determinations that a lease has been violated or needs to be terminated, in accordance
with 24 C.F.R. Part 5.2005(c); and adoption of an Emergency Transfer Plan to enable
appropriate tenant transfers to other units without undue procedural constraints, in
accordance with 24 C.F.R. Part 5.2005(e), and 24 C.F.R. Part 92, Subpart H, 92.359,
as applicable.
8.9 City shall comply with the recordkeeping and reporting requirements under this
Agreement, 24 C.F.R. Part 92 (including 24 C.F.R. Part 92.520(e) and
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24 C.F.R. Part 92.508), 2 C.F.R. Part 200, and 24 C.F.R. Part 5.168, as applicable, to
enable County to comply with its recordkeeping and reporting requirements set forth in
24 C.F.R. Part 92.508 and 2 C.F.R. Part 200.
8.10 In addition to the audit rights, and retention of records requirements set forth in
Section 12.4, City shall provide County, HUD, and the Comptroller General of the
United States, through any of their duly authorized representatives, access to any
books, documents, papers, and records of City, or Subcontractors, which are directly
pertinent to this Agreement for the purpose of making audits, examination, excerpts,
and transcriptions. The rights of access granted under this section shall not be limited
to the required retention of records period set forth in Section 12.4, and shall remain in
effect for as long as the records are retained.
8.11 If applicable, City shall comply, and ensure that all Subcontractors comply, with
the Section 3 requirements set forth in 24 C.F.R. Part 75, including the requirements of
24 C.F.R. Part 75.19, and shall include language applying such Section 3 requirements
in any contracts or agreements for the Project.
8.12 In accordance with 24 C.F.R. Part 92.214(b), City shall not charge any servicing,
origination, or other fees for the costs of administering the Project, except as permitted
under 24 C.F.R. 92.214(b)(1).
8.13 Regardless of the HOME allocation year, in accordance with 24 C.F.R. Part
92.504(c)(5), City must enter into a written agreement with each homeowner, in
substantially the form set forth in Exhibit H to this Agreement, that conforms with the
requirements of 24 C.F.R. Part 92.254(a) and specifies the amount and form of HOME
assistance, rehabilitation work to be undertaken, date for completion, and property
standards to be met.
8.14 City shall ensure that the home rehabilitation performed pursuant to the Project
complies with the property standards set forth in 24 C.F.R. 92.251(b), including but not
limited to, (i) applicable state and local codes and ordinances, including zoning
requirements and the Florida Building Code; (ii) lead -based paint testing and
abatement, as needed, in accordance with 24 C.F.R. Part 92.355; (iii) the standards for
major systems, set forth in 24 C.F.R. Part 92.251(b)(1)(ii); (iv) the accessibility
standards of 24 C.F.R. Part 8, and Titles II and III of the Americans with Disability Act
(42 U.S.C. 12131-12189), as applicable, and (v) uniform physical conditions standard,
in accordance with 24 C.F.R. 5.703 and 24 C.F.R. 5.705.
ARTICLE 9 - FINANCIAL RESPONSIBILITY
9.1 City shall comply with the requirements, standards, and the applicable provisions
set forth in 2 C.F.R. Part 200, "Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards" and 24 C.F.R. Part 92.505. In accordance
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with 2 C.F.R. Part 200.101(b)(3), with the exception of the requirements set forth in
2 C.F.R. Part 200, Subpart F, Audit Requirements, in the event any of the provisions of
federal statutes or regulations relating specifically to the HOME Program differ from the
provisions set forth in 2 C.F.R. Part 200, the provision of the federal statutes or
regulations specific to the HOME Program shall govern.
9.2 City shall comply with the audit requirements set forth in 2 C.F.R. Part 200,
Subpart F, "Audit Requirements," and Chapter 10.550, Rules of the Auditor General,
State of Florida, as applicable. The audit required under 2 C.F.R. Part 200 must be filed
with County within one hundred twenty (120) days after the close of the fiscal year of
City. All HOME Funds provided by County should be shown via explicit disclosure in
the annual financial statements or the accompanying notes to the financial statements.
9.3 City shall use HOME Funds provided under this Agreement only for eligible
Project activities as specified in Exhibit A and in accordance with the Project budget set
forth in Exhibit B.
9.4 City shall budget and expend all HOME Funds provided by County under this
Agreement in accordance with County's "Procedures Manual for Subrecipients."
9.5 In addition to County's right to terminate this Agreement in accordance with
Article 11, City shall be required to repay to County, in County's sole discretion, any
HOME Funds determined by County or HUD to be ineligible for reimbursement under
the terms of this Agreement, including but not limited to in the following events:
9.5.1 Use of any HOME Funds for ineligible Project expenses or activities,
including any overpayments by County.
9.5.2 Any HOME Funds expended by City, or any of its Subcontractors, in
violation of this Agreement.
9.5.3 Any HOME Funds expended under this Agreement and required to be
repaid to HUD.
In the event City is required to repay County any HOME Funds pursuant to this section,
City shall repay such funds from nonfederal resources within
thirty (30) days after the notice provided by County, and if not paid, County may, in its
sole discretion, elect to withhold payment on any subsequent request for payment by
City, or reduce City's obligation to repay County by making an administrative offset
against any request for payment. County, in its sole discretion, may reallocate any
funds City repays to County pursuant to the terms of this Agreement to other eligible
HOME Program projects. This provision shall survive the expiration or earlier
termination of this Agreement.
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9.6 City shall account for Program Income, repayments, or recaptured funds, as
described 24 C.F.R. Part 92.503 (collectively referred to "Program Income" for purposes
of this Agreement), in accordance with the provisions of 24 C.F.R. Part 92.503. City
shall report Program Income to County in the City's Quarterly Progress Reports. Any
Program Income received by City after the Effective Date (as defined in Article 10) that
was generated under this Agreement or any prior fiscal year HOME Program funding
agreement with County shall be returned to County in accordance with
24 C.F.R. Part 92.503, relating to Program Income under the HOME Program. Unless
otherwise provided in any Rules and Regulations of HUD, County may reallocate the
Program Income to City's HOME funding award in County's next HOME Program
funding cycle, subject to the retention of a ten percent (10%) administrative fee payable
to County.
9.7 Reversion of Assets. Upon the expiration or earlier termination of this
Agreement, City shall transfer to County any HOME Funds or Program Income on hand
and any accounts receivable attributable to the use of HOME Funds under this
Agreement.
9.8 Withdrawal from the HOME Consortium.
9.8.1 If City elects to withdraw from the HOME Consortium in the subsequent
three (3) year consortia qualification period, and City is designated by HUD to be
a HOME Participating Jurisdiction pursuant to 24 C.F.R. Part 92, Subpart C, and
receive HOME funding to operate its own HOME Program, County shall transfer
to City any Program Income in County's possession and attributable to City's
HOME funding allocation, on the effective date of City's withdrawal from the
HOME Consortium. Upon such transfer of the HOME funding to City, City shall
assume all obligations and responsibilities attributable to such HOME funding.
9.8.2 If City elects to withdraw from the HOME Consortium in the subsequent
three (3) year consortia qualification period, and City is not designated by HUD to
be a HOME Participating Jurisdiction pursuant to 24 C.F.R. Part 92, Subpart C,
City shall transfer to County, within sixty (60) days of the effective date of City's
withdrawal from the HOME Consortium, any Program Income in City's
possession and attributable to City's HOME funding allocation during the period
of time City was a HOME Consortium member. County shall retain all obligations
and responsibilities attributable to such HOME funding.
9.8.3 If City elects to withdraw from the HOME Consortium, and if the applicable
three (3) year consortia qualification period overlaps with the term of this
Agreement, City must provide County with notice of termination of this
Agreement for convenience as provided in Article 11, and City shall transfer to
County, within sixty (60) days of the effective date of City's withdrawal from the
HOME Consortium, any Program Income in its possession that is attributable
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City's HOME funding allocation during the period of time City was a member of
the HOME Consortium.
9.9 City shall comply with 24 C.F.R. Part 92.351, relating to affirmative marketing
and minority outreach programs. City shall comply with the Affirmative Marketing Policy
set forth in Exhibit G, relating to marketing of the Project to Income Eligible Households.
ARTICLE 10. TERM OF AGREEMENT
The term of this Agreement shall commence retroactively on October 1, 2021 ("Effective
Date") and shall end on March 31, 2023, unless terminated earlier or extended pursuant
to the terms of this Agreement. City must ensure Project Completion prior to expiration
of this Agreement. City must ensure Commitment of HOME Funds by no later than
March 31, 2023. City shall expend the HOME Funds allocated to the Project within the
term of this Agreement. City may submit a written request for an extension to the term
of this Agreement to the Contract Administrator no less than one hundred and twenty
(120) days prior to the expiration date of this Agreement. If the Contract Administrator
approves an extension to the term of this Agreement, the Parties shall enter into an
amendment as provided in Section 12.17.
ARTICLE 11. TERMINATION
11.1 This Agreement is subject to the availability of HOME Program funding from
HUD. In the event that HUD terminates, suspends, discontinues, or substantially
reduces the HOME Funds available for the Project activity under this Agreement, as
determined in County's sole discretion, County may terminate this Agreement upon
City's receipt from County of no less than twenty-four (24) hours' notice.
11.2 Termination for Cause.
11.2.1 In accordance with 2 C.F.R. Part 200.338, this Agreement may be
terminated for cause by County, at the discretion of and through the
County Administrator, if City fails to comply with any terms under this
Agreement and has not corrected the breach within
five (5) days after receipt of written notice from County identifying the
breach. Any notice of termination provided by County pursuant to this
section shall also provide City with an opportunity to appeal the action,
and a copy of the appeal process shall be attached to the notice. City
may file an appeal within five (5) days after receipt of County's notice of
termination.
11.2.2 Termination for cause by County may include but is not limited to: (i)
City's failure to meet any of the project deadlines set forth in Exhibit C,
within sixty (60) days after the applicable deadline; (ii) City's repeated
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(whether negligent or intentional) submission for payment of false or
incorrect bills or invoices; (iii) City's failure to comply with applicable
federal, state, or local law or regulations, including the Rules and
Regulations of HUD; (iv) City's failure to repay County as provided for in
Section 9.5; (v) City's failure to comply with the monitoring and reporting
requirements of this Agreement, including the requirements of Section 3.3;
(vi) City's material breach of the representations and warranties set forth
in Article 7; or (vii) City's contracting with a Subcontractor who has been
debarred, suspended, or is otherwise excluded from, or ineligible for
participation in, any federal assistance program subject to 2 C.F.R. Part
2424. This Agreement may also be terminated for cause by County if a
Subcontractor is a "scrutinized company" pursuant to Section 215.473,
Florida Statutes, if a Subcontractor is placed on a "discriminatory vendor
list" pursuant to Section 287.135, Florida Statutes, or upon the occurrence
of any of the grounds set forth in Section 287.135, Florida Statutes.
11.2.3 In the event this Agreement is terminated by County for cause, City shall
repay to County any HOME Funds determined by County to be due in
accordance with Section 9.5. County may, in its sole discretion, reduce
City's obligation to repay County by making an administrative offset
against any requests by City for payment up to the effective date of
termination as provided in Section 11.4.
If County erroneously, improperly, or unjustifiably terminates for cause, such termination
shall be deemed a termination for convenience, which shall be effective thirty (30) days
after such notice of termination for cause is provided.
11.3 Termination for Convenience. This Agreement may be terminated for
convenience by either party, which termination date shall be not less than thirty (30)
days after the date of such written notice. County Administrator is hereby authorized to
terminate this Agreement for convenience on behalf of County. This Agreement may
also be terminated by the County Administrator upon such notice as the County
Administrator deems appropriate under the circumstances in the event the County
Administrator determines that termination is necessary to protect the public health,
safety, or welfare.
11.4 In the event this Agreement is terminated for any reason, County may, in
County's sole discretion, reimburse City upon receipt of a Request for Payment, utilizing
the form provided in Exhibit E, for documented and committed eligible Project
expenses, in accordance with the terms of this Agreement and Exhibit B, incurred by
City prior to the date either party provides written notice of termination to the other party.
For purposes of this Agreement, a documented and committed eligible Project expense
means any verifiable committed expense, including but not limited to a purchase order
for payment of materials and supplies, executed by City or Subcontractor on City's
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behalf, for Project activities under this Agreement. Notwithstanding the above, City
shall not expend, or commit to expend, any funds for eligible Project expenses under
this Agreement after either party provides written notice of termination to the other party.
Any payment by County pursuant to this section is subject to the repayment provisions
in Section 9.5, and County shall not be required to reimburse City for any or all of the
HOME Funds requested by City where County has determined that City failed to
complete the Project in a manner complying with this Agreement or the Rules and
Regulations of HUD.
11.5 Notice of suspension or termination of this Agreement shall be provided in
accordance with the "Notices" section of this Agreement except that notice of
termination by the County Administrator, which the County Administrator deems
necessary to protect the public health, safety, or welfare may be verbal notice that shall
be promptly confirmed in writing in accordance with the "Notices" section of this
Agreement.
11.6 In the event this Agreement is terminated for any reason, any amounts due City
shall be withheld by County until all documents are provided to County pursuant to
Section 12.1.
11.7 If City elects to terminate this Agreement, or withdraw from the HOME
Consortium in accordance with the provisions set forth in 24 C.F.R. Part 92, Subpart C,
City shall not be entitled to receive any unused portion of the HOME Funds.
ARTICLE 12 - MISCELLANEOUS
12.1 Rights in Documents and Works. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are
and shall remain the property of County, and, if a copyright is claimed, City grants to
County and the Federal Government a nonexclusive license to use the copyrighted
item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the
public. In the event of termination of this Agreement, any reports, photographs,
surveys, and other data and documents prepared by City, whether finished or
unfinished, shall become the property of County, including, any patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under this Agreement, and shall be delivered by City to the Contract Administrator
within seven (7) days after termination of this Agreement by either party. Any
compensation due to City shall be withheld until all documents are received as provided
herein. City shall ensure that the requirements of this section are included in all
agreements with its Subcontractors.
12.2 Equal Employment Opportunity. No party to this Agreement may discriminate on
the basis of race, color, sex, religion, national origin, disability, age, marital status,
political affiliation, sexual orientation, pregnancy, or gender identity and expression in
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the performance of this Agreement. City shall include the foregoing or similar language
in its contracts with any Subcontractors, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the nondiscrimination
requirements in 49 C.F.R. Parts 23 and 26.
12.3 Public Records. City shall comply with all applicable requirements of
Chapter 119, Florida Statutes, including the requirements of Section 119.0701.
12.4 Audit Rights and Retention of Records. County shall have the right to audit the
books, records, and accounts of City and its Subcontractors that are related to this
Agreement. City and its Subcontractors shall keep such books, records, and accounts
as may be necessary in order to record complete and correct entries related to this
Agreement and performance thereunder. All such books, records, and accounts of City
and its Subcontractors shall be kept in written form, or in a form capable of conversion
into written form within a reasonable time, and, upon request to do so, City or its
Subcontractors shall make same available in written form at no cost to County.
City and its Subcontractors shall preserve and make available, at reasonable times for
examination and audit by County, all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a minimum of four (4)
years after Project Completion, or until resolution of any audit findings, whichever is
longer. In addition, City must comply with the records retention requirements set forth in
24 C.F.R. Part 92.508. County audits and inspections pursuant to this section may be
performed by any County representative (including any outside representative engaged
by County). County reserves the right to conduct such audit or review at City's place of
business, if deemed appropriate by County, with seventy-two (72) hours' advance
notice.
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis
for County's disallowance and recovery of any payment upon such entry. If an audit or
inspection in accordance with this section discloses overpricing or overcharges to
County of any nature by City in excess of five percent (5%) of the total contract billings
reviewed by County, the reasonable actual cost of County's audit shall be reimbursed to
County by City in addition to making adjustments for the overcharges. Any adjustments
and/or payments due as a result of such audit or inspection shall be made within thirty
(30) days after presentation of County's findings to City.
City shall ensure that the requirements of this section are included in all agreements
with its Subcontractors performing services for the Project.
12.5 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to
be waived by entering into this Agreement, nothing herein is intended to serve as a
waiver of sovereign immunity by either County or City nor shall anything included herein
be construed as consent by either County or City to be sued by third parties in any
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matter arising out of this Agreement. Both County and City are political subdivisions as
defined in Section 768.28, Florida Statutes, and each shall be responsible for the
negligent or wrongful acts or omissions of their employees pursuant to Section 768.28,
Florida Statutes.
12.6 Independent Contractor. City is an independent contractor under this Agreement
and nothing in this Agreement shall constitute or create a partnership, joint venture, or
any other relationship between the Parties. In providing the Project, neither City nor its
agents shall act as officers, employees, or agents of County. City shall not have the
right to bind County to any obligation not expressly undertaken by County under this
Agreement.
12.7 Third Partv Beneficiaries. Neither City nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties
acknowledge that there are no third party beneficiaries to this Agreement and no third
party shall be entitled to assert a claim against either of them based upon this
Agreement.
12.8 Notices. In order for a notice to a party to be effective under this Agreement,
notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight
delivery, each with a contemporaneous copy via e-mail, to the addresses listed below
and shall be effective upon mailing or hand delivery (provided the contemporaneous
email is also sent). The addresses for notice shall remain as set forth in this section
unless and until changed by providing notice of such change in accordance with the
provisions of this section. All documentation or payments required to be provided under
this Agreement shall also be made at the address provided in this section.
For County:
Ralph Stone, Director
Broward County Housing Finance and
Community Redevelopment Division
110 N.E. V Street - Third Floor
Fort Lauderdale, Florida 33301
Email address: rstone@broward.org
For City:
Michael Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Email address: Michael.Cernech(a�_tamarac.org
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With a copy to:
Maxine Calloway, Director
City of Tamarac
7525 NW 88th Avenue, Room 206
Tamarac, FL 33321
Email address: Maxine.Calloway@tamarac.org
12.9 Assignment. Except for subcontracting approved in writing by County at the time
of its execution of this Agreement or any written amendment hereto, neither this
Agreement nor any right or interest herein may be assigned, transferred, subcontracted,
or encumbered by City without the prior written consent of County. If City violates this
provision, County shall have the right to immediately terminate this Agreement.
12.10 Materiality and Waiver of Breach. Each requirement, duty, and obligation set
forth in this Agreement was bargained for at arm's length and is agreed to by the
Parties. Each requirement, duty, and obligation set forth herein is substantial and
important to the formation of this Agreement, and each is, therefore, a material term of
this Agreement. County's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement. To be effective, any waiver must be in writing signed by an authorized
signatory of the waiving party.
12.11 Compliance with Laws. City and the Project, including any work, activities, or
services provided by Subcontractors, shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations, including the Rules and
Regulations of HUD, and any related federal, state, or local laws, rules, and regulations.
12.12 Severability. In the event any part of this Agreement is found to be
unenforceable by any court of competent jurisdiction, that part shall be deemed severed
from this Agreement and the balance of this Agreement shall remain in full force and
effect.
12.13 Joint Preparation. This Agreement has been jointly prepared by the Parties
hereto, and shall not be construed more strictly against either party.
12.14 Interpretation. The titles and headings contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence, paragraph, or
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section where they appear, unless the context otherwise requires. Whenever reference
is made to a section or article of this Agreement, such reference is to the section or
article as a whole, including all of the subsections of such section, unless the reference
is made to a particular subsection or subparagraph of such section or article. Any
reference to "days" means calendar days, unless otherwise expressly stated.
12.15 Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached to, referenced
by, or incorporated in this Agreement and any provision of Articles 1 through 12 of this
Agreement, the provisions contained in Articles 1 through 12 shall prevail and be given
effect. If there is a conflict between any provisions set forth in this Agreement and a
more stringent state or federal provision which is applicable to this Agreement, the
HOME Funds, or the Project, the more stringent state or federal provision shall prevail.
12.16 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of
Florida. The exclusive venue for any lawsuit arising from, related to, or in connection
with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in
and for Broward County, Florida. If any claim arising from, related to, or in connection
with this Agreement must be litigated in federal court, the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT.
12.17 Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by duly
authorized representatives of County and City. The County Administrator is hereby
authorized to execute amendments that extend the term of the Agreement, or that
change the Project, so long as the Project, as amended, consists of eligible activities
under 24 C.F.R. Part 92. The Contract Administrator is hereby authorized to approve,
in writing, line item budget changes to the information set forth in Exhibit B during the
term of this Agreement, and for sixty (60) days after expiration or earlier termination of
this Agreement, in order to reconcile City's expenditures of HOME Funds, provided
such changes do not result in an increase in the total amount of the HOME Funds. The
written document from the Contract Administrator approving such changes shall be
deemed incorporated into this Agreement.
12.18 Prior Agreements. This Agreement represents the final and complete
understanding of the Parties regarding the subject matter and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document.
Page 24 of 28
12.19 Payable Interest.
12.19.1 Payment of Interest. Unless prohibited by applicable law, County
shall not be liable to pay any interest to City for any reason, whether as
prejudgment interest or for any other purpose, and in furtherance thereof
City waives, rejects, disclaims, and surrenders any and all entitlement it
has or may have to receive interest in connection with a dispute or claim
arising from, related to, or in connection with this Agreement. This
paragraph shall not apply to any claim for interest, including for post -
judgment interest, if such application would be contrary to applicable law.
12.19.2 Rate of Interest. If the preceding subsection is inapplicable or is
determined to be invalid or unenforceable by a court of competent
jurisdiction, the annual rate of interest payable by County under this
Agreement, whether as prejudgment interest or for any other purpose,
shall be, to the full extent permissible under applicable law, one quarter of
one percent (0.25%) simple interest (uncompounded).
12.20 Survival. County's right to monitor, evaluate, enforce, audit, and review, any
obligations by City to indemnify and insure, any representations and warranties of City,
and items of financial responsibility shall survive the expiration or earlier termination of
this Agreement. Any provision of this Agreement that contains a restriction or
requirement which extends beyond the date of termination or expiration set forth herein
shall survive expiration or earlier termination of this Agreement and be enforceable.
12.21 Further Assurance. The Parties shall execute, acknowledge, deliver, and cause
to be done, executed, acknowledged, and delivered all such further documents and
perform such acts as shall reasonably be requested of them to carry out this Agreement
and give effect hereto, and as may be required to comply with the Rules and Regulations
of HUD or any other applicable federal, state, or local laws, regulations, directives, and
objectives. Accordingly, without in any manner limiting the specific rights and obligations
set forth in this Agreement, the Parties intend to cooperate with each other in effecting
the terms of this Agreement.
12.22 Remedies. In the event of termination for cause, County may pursue any
remedies available to it at law or in equity, including, without limitation, damages,
specific performance, and criminal remedies.
12.23 Force Maieure. If the performance of this Agreement, or any obligation
hereunder is prevented by reason of hurricane, earthquake, or other casualty caused by
nature, or by labor strike, war, or by a law, order, proclamation, regulation, or ordinance
of any governmental agency, the party so affected, upon giving prompt notice to the
other party, shall be excused from such performance to the extent of such prevention,
Page 25 of 28
provided that the party so affected shall first have taken reasonable steps to avoid and
remove such cause of non-performance and shall continue to take reasonable steps to
avoid and remove such cause, and shall promptly notify the other party in writing and
resume performance hereunder whenever such causes are removed; provided,
however, that if such non-performance exceeds sixty (60) days, the party that is not
prevented from performance by the force majeure event shall have the right to terminate
this Agreement upon written notice to the party so affected. This section shall not
supersede or prevent the exercise of any right the Parties may otherwise have to
terminate this Agreement.
12.24 Incorporation by Reference. Any and all recital clauses stated above are true
and correct and are incorporated in this Agreement by reference. The attached exhibits
are incorporated into and made a part of this Agreement.
12.25 Counterparts and Multiple Originals. This Agreement may be executed in
multiple originals, and may be executed in counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same
agreement.
12.26 Use of County Logo. City shall not use County's name, logo, or otherwise refer
to this Agreement in any marketing or publicity materials without the prior written
consent of County.
(The Remainder of This Page is Intentionally Left Blank)
Page 26 of 28
IN WITNESS WHEREOF, the Parties have made and executed this Agreement:
BROWARD COUNTY, through the County Administrator, authorized to execute same
by action of the Board on the 14th day of December, 2021 (Agenda Item No. 49), and
City of Tamarac, signing by and through its Mayor or Vice -Mayor, duly authorized to
execute same.
WITNESSES:
Signature
TAMARA BRANNON
PrinVlame
Signature
Ariel Walker
Print Name
>>G O M,M{I rS�'�f�r�f�
� 02
`'e CREATED
=p �W pCT 1st o' coy
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�tU{fl«
COUNTY
BROWARD COUNTY, by and through
its County Admini or
By:
Mo4ca Ce er
"day of J20 ✓ 2—
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Reno V. Pierre Digitally signed by Reno V.Pierre
By:
Date: 2022.07.1 1 09:28:44-04'00'
Reno V. Pierre (Date)
Assistant County Attorney
Annika E. Ashton Digitally signed by Annika E. Ashton
B y ; Date: 2022.07.1 1 09:29:20-04'00'
RV P/
City of Tamarac 2022 HOME Housing Rehabilitation Program Agreement
05/09/2022
#608279
Annika E. Ashton (Date)
Deputy County Attorney
Page 27 of 28
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING
REHABILITATION PROGRAM FOR FISCAL YEAR 2021 — 2022
CITY
ATTEST: CITY OF TAMARAC, a Florida municipal
corporation
It 1111j,
TAM
City Cl, •• (SEAL)
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May r
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Lity manager
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I HEREBY CERTIFY that
Agreement as to form
Page 28 of 28
I have approved this
and legal sufficiency
EXHIBIT A
PROJECT DESCRIPTION
Fiscal Year: FY 2021-2022
Project Description: City of Tamarac
Housing Rehabilitation Program
HOME Funds Allocation: $114,584
Program Income: $0
Total Allocation: $114,584
Project Description:
HOME Funds in the amount of One Hundred Fourteen Thousand Five Hundred Eighty -
Four Dollars ($114,584) provided under this Agreement shall be used for housing
rehabilitation activities. A minimum of two (2) Income Eligible Households shall be
assisted in an amount up to Forty Thousand Dollars ($40,000) per household, including
all repair costs defined in the Agreement and Exhibit B as HOME eligible activities.
Applicants will be processed by City on a first come, first qualified, first served basis. The
Project shall be administered in accordance with City's HOME Housing Rehabilitation
Policies and Procedures.
Program Summary
City shall certify each Income Eligible Household assisted with HOME Funds under
the Agreement and shall ensure that each Income Eligible Household assisted
executes a Promissory Note and Mortgage in favor of County, which includes, but is
not limited to, the following requirements:
• 100% of the original principal amount of the Loan repayable to County during
Years 1-10
• The principal balance of the Forgivable Loan ("Loan") shall be forgiven each year
in an amount of 20% of the original principal amount of the Loan on the
anniversary date of the Loan following the eleventh (111h) year of occupancy of
the property by an Income Eligible Household. Repayment of the Loan following
the eleventh (11th) year of the Loan, when required, shall be based upon the
prorated principal balance for the remaining term of the Loan.
• Loan position no lower than second
Pagel of 6
• Subordination policy shall be administered in accordance with County's
subordination policy.
City will prepare and record all Mortgages and Promissory Notes in favor of County, in
the form provided in Exhibit F.
City will forward all original Mortgages and Promissory Notes with a recorded copy to
the County within 30 days.
City will ensure that the Income Eligible Household(s) list the County as an additional
mortgagee on their insurance policy(ies).
County will monitor all Mortgages and Promissory Notes recorded by City in favor of
County.
County will prepare Subordination Agreements and Satisfactions of Mortgages, when
requested by the homeowner, and as appropriate, if the requested subordination or
satisfaction is in compliance with the County's subordination policy and Sections 27.209
and 27.210 of the Broward County Administrative Code, as applicable.
County Subordination Policy must be met for subordination to be considered:
• NO CASH OUT with HOME mortgages.
• Homeowner must retain at least 10% equity.
• Broward County must stay in second lien position.
City shall comply with HUD Rules and Regulations governing the Project, specifically
the rules and regulations of 24 C.F.R. Part 92, including, but not limited to, the
following:
• All rehabilitation shall be in compliance with applicable local codes and the
Florida Building Code in accordance with 24 CFR Part 92.251, Property
Standards.
• Lead -based paint testing and abatement, as needed, in accordance with
24 CFR Part 92.355.
• Income Eligible Household shall refer to a household with a maximum
household income less than 80% of County median.
• Federal procurement procedures set forth in 24 CFR Part 92.504(c)(4) are
applicable to the selection of the contractor.
• Ensure compliance with the recapture and affordability restrictions set forth in
the Agreement.
Page 2 of 6
• City will ensure that each household has a written homeowner agreement as per
HUD 24 CFR 92.504(c)(5)(ii) prior to disbursing HOME funds.
City's Program Design is attached hereto as Attachment 1 to Exhibit A, solely for the
purpose of providing a more comprehensive description of the overall program, in
addition to the description provided in this Exhibit A.
Federal Award Identification Information as required by 2 C.F.R. Part 200.332(a)
Subrecipient name: City of Tamarac
Subrecipient Unique Entity Identifier: TTF2J2YM9K83
Federal Award Identification Number (FAIN): M21-DC120201
Federal Award Date: November 3, 2021
Subaward Period of Performance Start and End Date: See timeline in Exhibit C
Subaward Budget Period Start and End Date: See timeline in Exhibit C
Amount of Federal Funds obligated by this action: See Exhibit B
Total Amount of Federal Funds obligated to Subrecipient by County, including the
current obligation: See Exhibit B
Total Amount of the Federal Award committed to Subrecipient by County: See Exhibit B
Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): See Exhibit A for project description.
Name of Federal Awarding Agency, pass -through entity, and contact information for
awarding official of the pass -through entity:
Federal Awarding Agency: United States Department of Housing and Urban
Development
Pass -through Entity: Broward County
Contact Information for awarding official of the passthrough entity: See Section
12.8 of this Agreement.
Assistance Listings number and Title: CFDA 14.239 — HOME Program; The dollar
amount made available under each Federal Award and CFDA at time of disbursement:
CFDA 14.239 - For amount see Exhibit B
Identification of whether the award is R&D: No
Indirect cost rate for the Federal award: N/A
Page 3 of 6
ATTACHMENT 1 to EXHIBIT A
PROGRAM DESIGN
The Home Rehabilitation Program is designed to assist homeowners with minor
rehabilitation of substandard owner -occupied housing units in need of repairs to correct
code violations, health and safety issues, electrical, plumbing, roofing, windows and
other structural items. Rehabilitation may include, but not limited to, mitigation
improvements such as replacement of roof sheathing, replacement of roof covering,
installation of secondary water barrier, installations of hurricane straps, installation of
impact resistant shutters or impact resistant windows doors and garage doors.
Additionally, this strategy provides for installation of non -luxury general property
improvements to provide basic amenities and to bring units into conformity with
applicable housing standards. All rehabilitation work is required to include initiatives for
green building design and techniques. It is estimated that a minimum of two (2) income
eligible households will be awarded up to $40,000 to assist them with minor home
rehabilitation.
Program Implementation Overview
The City of Tamarac's Community Development Department, through its Housing
Division, is responsible for the management, implementation, and the bidding and
construction process of the City's Owner -Occupied Minor Home Rehabilitation Program.
The Housing and Community Development Manager, or her designee, operates the
program according to the housing guidelines and consistent with HUD regulations.
Personnel will assist income eligible families who meet the HUD income guidelines and
currently own a home and occupy it as their primary residence within the City of
Tamarac. Accomplishments will be measured through the completion of minor home
rehabilitation projects of a minimum of two (2) homes within the City. Program
implementation includes the following:
1. Direct Service to HOME Eligible Recipients and Properties may include, but not
limited to:
a. Advertise and distribute program information to assure the community is aware
of available funding through the Owner -Occupied Rehabilitation.
b. Coordinate Client Intake and Property Eligibility
c. Process and Approve Applications
d. Perform Property Assessments
e. Develop a Comprehensive Bid Specification and Scope of Work for Eligible
Units
f. Conduct Established Bidding Procedures
g. Award to Qualified Contractors
h. Prepare City's Closing Documents
i. Schedule Closings with Qualified Owner -Occupants
j. Prepare Transmittal Documents for Recording in a Timely Fashion
Page 4 of 6
k. Oversee and Manage the Construction Process from Permitting through the
Final Inspections
I. Review and approval of Change Orders
2. Quarterly Reporting of Program Status:
a. Provide Quarterly Reports on Program Activities and Progress
b. Review Current Status of Program for Compliance with HUD Guidelines and
Program Objectives
c. Complete All Reports Required by Broward County and HUD
d. Monitor Program Expenditures
e. Prepare and Submit Reimbursement Requests
Recipient Selection Criteria
The City of Tamarac does not maintain a traditional "waiting list". Instead, an open
enrollment period is publicly advertised on the City's website and City's publication, so
as to notify residents of the application window. After the application window is closed,
applicants are selected using a lottery system, and no more than 25 applicants will be
drawn at any given time. Applicants will be ranked for assistance based on a first come,
first qualified, first served basis.
Applicant Processing and Verification
Applicants are eligible for assistance if the home is owner -occupied and they do not
have a current lien from a prior rehabilitation grant, the first mortgage payments are up
to date, there is no second mortgage with payments or equity line of credit outstanding
on the property, taxes are paid, homeowners association fees are up to date, current
insurance is in force and the household is income eligible for family size established by
the U.S. Department of Housing and Urban Development (HUD).
The property is assessed for eligibility determined by the amount and costs of work to
include code requirements. The City will not award subsidy financing if any code
violations, liens, and/or open permits exist. Verification of income based on family size
is conducted to determine eligibility and the loan amount. The owner is income -certified
once eligibility is confirmed and all required documentation has been received.
Income Eligibility
Due to limited funding availability, the City focuses on serving the low-income
categories and follows HUD household income guidelines for the HOME and
Community Development Block Grant Program.
Terms, Recapture and Default
The terms of the assistance are in the form of a deferred no -interest 15-year loan. Since
this is a grant funded loan program, owner occupancy for 15 years after closing on the
home is required. Loan Forgiveness/Repayment terms are as follows:
Page 5 of 6
100% of the original principal amount of the Loan repayable to County during
Years 1-10
The principal balance of the Forgivable Loan ("Loan") shall be forgiven each
year in an amount of 20% of the original principal amount of the Loan on the
anniversary date of the Loan following the eleventh (11th) year of occupancy of
the property by an Income Eligible Household. Repayment of the Loan following
the eleventh (11th) year of the Loan, when required, shall be based upon the
prorated principal balance for the remaining term of the Loan.
Loan position no lower than second
Full repayment is due prior to the 11th anniversary date of the Loan if the home is sold,
transferred, or leased, or if property is not primary residence of the homeowner.
Subordinations shall be administered in accordance with County's subordination policy.
Housing Rehab
Investment amount
Affordability period
Less than $15,000
5 years
$15,000-$40,000
10 years
More than $40,000
15 years
Page 6 of 6
EXHIBIT B
BUDGET
Each cost category below reflects the proposed amount necessary to complete the
Project by funding source(s).
CATEGORY
HOME FUNDS
OTHER FUNDING
TOTAL
SOURCES
A
Direct Client Subsidy
$91,668.00
$0
$91,668.00
B
Staff Costs /Estimated
$22,916.00
$0
$22,916.00
Service Delivery/Project
Costs (Inspections,
Appraisals, etc.
C
TOTALS
$114,584.00
$0
$114,584.00
BUDGET NARRATIVE
The Budget Narrative statements below provide a detailed justification for each cost
category shown in the budget table for both HOME and Non -HOME funding sources
utilized in financing the Project.
A. Direct Client Subsidy: Cost of rehabilitation, to include soft costs, for a minimum of
two (2) Income Eligible Households at a maximum of $40,000 each = $80,000.
Remaining balance included in Category A will be leveraged with additional funding
sources to assist one (1) additional income eligible household, if necessary.
B. Staff Costs: Estimated Service Delivery costs associated with implementing the
projects=$22,916
B1. When submitting requests for payments for direct services, they
must be accompanied by a timesheet(s) which includes client name,
address and a description of work tied to hours billed.
C. Total HOME Funds available under Agreement = $114,584
HOME Funds under the Agreement in the amount of One Hundred and Fourteen
Thousand Five Hundred and Eighty -Four Dollars ($114,584) shall provide purchase
assistance to a minimum of two (2) Income Eligible Households, at a maximum of Forty
Thousand Dollars ($40,000). Service delivery=$22,916. Balance will be used to assist
another client as leverage with other state/federal funding.
Page 1 of 3
Allowable Cost for U.S. HUD Share of Budget
Federal cost principles for grants and contracts with state and local governments are set
forth in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, which contains a series of principles governing
the allowability of various types of costs under federal grants and contracts. General
information concerning the cost principles is summarized below. The following types of
costs are specifically unallowable:
(A) Advertising costs other than those associated with recruitment of personnel and
the solicitation of bids for goods and services.
(B) Bad debts.
(C) Contingencies.
(D) Contribution and donations.
(E) Entertainment.
(F) Fines and penalties.
(G) Interest.
(H) Losses on other grants or contracts.
Most other categories of cost are generally allowable under the cost principles provided
the costs are allowable and reasonable. General comments on individual cost elements
are listed below:
Personnel (Salary) costs are generally allowable provided they are based on actual
current salaries adjusted for any anticipated cost -of -living or merit increases during the
grant period. Salary costs for unidentified new employees must be consistent with the
City's overall employee compensation structure. City's compensation policy should not
change as a result of obtaining a federal grant.
Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee
insurance, and unemployment benefits are allowable to the extent required by law or
established organizational policy.
Travel costs consistent with established organizational policy are generally allowable.
The difference between first class and coach air fare is specifically unallowable. In the
absence of established organizational travel policy, it is a good practice to adopt policies
consistent with the federal travel regulations.
Page 2 of 3
Equipment costs should be based on the least cost method of acquisition (rent,
purchase, lease with option to buy) over the grant period as demonstrated by
competitive bidding. Equipment costs are only allowable to the extent the equipment is
directly necessary to accomplish the grant. The cost of equipment not fully utilized
under the grant must be allocated to other organization costs to assure a fair share
distribution. Whenever practical, used equipment should be considered in meeting
equipment needs.
Material/Supplies cost directly associated with the Project is allowable. Prices must
generally be justified through competitive bids except for nominal purchases.
Subcontracts/Contractual Services must be awarded on a competitive basis except
in extraordinary circumstances. The same principles applicable to individual cost
principles for grantees are generally applicable cost -reimbursement type subcontracts
under grants.
Consultant agreements should include a certification by the consultant that the
consultant rate is equal to or less than the lowest rate the consultant accepts for
comparable work. Additionally, Congress prohibits the salary component of consultant
fees under HUD grants from exceeding the applicable approved rate schedule.
Construction costs include construction of new buildings, structures, or other real
property as well as alteration or repair of existing structures. Construction costs should
be supported by detailed cost estimates and competitive bidding. Consult with the
Housing Finance and Community Redevelopment Division's Compliance Officer on
applicability of the Davis -Bacon Wage determination to the Project.
Other costs include all types of direct costs not specified above. Normally, such costs
include space, telephone, utilities, printing, and other basic operating expenses.
Leverage is that which the municipality or non-profit organization brings to the Project.
It may be in the form of services or contributed operating expenses (in -kind
contributions) or cash support from the organization itself or from other sources.
Page 3 of 3
EXHIBIT C
PROJECT TIMELINE
The table below lists the main work tasks required to complete Project objectives before
the term of the Agreement expires.
WORK TASKS
START-UP
COMPLETION
Identify and process
January 1, 2022
March 31, 2022
Income Eligible Households
Inspection, Work write ups,
March 1, 2022
June 30, 2022
etc.
Preparation and Execution
of Homeowner Agreements
January 1, 2022
September 30, 2022
with Income Eligible Clients
(Encumber funds)
Commence
May 1, 2022
November 30, 2022
Repairs/Rehabilitation
Complete Repairs
March 31, 2023
Provide Quarterly Progress
October 1, 2022
March 31, 2023
Reports to County
Final Invoice to County
December 31, 2022
February 28, 2023
Provide Final Close-out
Report to County with Final
February 28, 2023
March 31, 2023
Beneficiary Data
Page 1 of 1
_*::II__]IaBI
MONTHLY PROGRESS REPORT
Report Months Covered: Click or tap here to enter text. to Click or tap here to enter text. Year Click or tap
here to enter text.
Protect Fiscal Year Click or tap hereto enter text. Date of Report Click or tap here to enter text.
I. Project Information.
City or Agency Name Click or tap here to enter text.
Project Title Click or tap here to enter text.
Project Start-up DateClick or tap to enter a date.
Project Completion Date Click or tap to enter a date.
Revised Completion Date if applicable Click or tap to enter a date.
Person Preparing the Report and Title Click or tap here to enter text.
Signature
2. Project Cost (Includes expenditures not yet submitted for reimbursement)
Fiscal Year
Total
Expenditures
Total Funds
Percentage
Amount
Expended To
Expended
Project
Expenditure
not vet
Encumbere
Date
d to Date
Budget
s Up to Last
submitted
Billing
Total Proiect
HOME Funds
%
Other Funding
(specify
source
3. Percent of Project completed to date Click or tap here to enter text. %
Pagel of 4
4. Declaration of Agency Program Income.
Program Income/Recapture Amount: $ Click or tap here to enter text. Funding Year FY Click or tap here
to enter text.Client Name Click or tap here to enter text. City Click or tap here to enter text.
Address Click or tap here to enter text. Date received by City Click or tap here to
enter text. Type of Activity (Rehab or DPA) Click or tap here to enter text. Date check sent to County
Click or tap here to enter text.
5. Indicate work tasks and qualified accomplishments completed during the period of this
report. Indicate n/a if not applicable
Projected
Status during period
Indicate
Fiscal Year to Date
Yearly Project
of this report (i.e.,
number served
Progress
Work Tasks
Performance
Underway or
during this
Completed)
report period
only
Identify income -
eligible households
Intake/ Income
Certification
Work write-ups/Initial
Inspection
Pre -Bid
Construction
Appraisal
Final Inspection
Close-out or closing
Recorded mortgage
to County
Beneficiary Information
Name
Address
City
for clients being served
1. Click or tap here to enter
1 Click or tap here to enter
Click or tap here
this Report Period
text.
text.
to enter text.
2. Click or tap here to enter
2 Click or tap here to enter
text.
text.
3. Click or tap here to enter
3. Click or tap here to enter
text.
text.
4. Click or tap here to enter
4. Click or tap here to enter
text.
text.
Page 2 of 4
6. If project(s) are not on schedule, describe any delays or problems encountered, the
reason, and related actions.
Click or tap here to enter text.
7. Did the City made any changes with regard to contractors/vendors associated with the
project? ❑no yes ❑
Please explain: Click or tap here to enter text.
8. Did the City make or do they plan on making any Substantial Changes to its program
relating to activity, purpose, allocation priorities, or more than a 50% change in funding
or beneficiaries previously approved by the County Commission?
❑no yes ❑ Please explain: Click or tap here to enter text.
Please complete the excel spreadsheet that follows for any completed projects. This will
serve as a a running total of beneficiary data.
Page 3 of 4
DIRECT BENEFIT REPORT FORM
Please specify total number of persons or households (as applicable)
assisted/served since execution of the Agreement.
HOME Funded Activity Accompdshments
HOMEOWNER REHAB• HOUSEHOED/ACCOMPUSHMEHFDATA Exhlit'D"continued
subredog:
Accomplishment Period: Is this a Final Repon:'
Cells with an asterisk (') haw DROP DOWN OFF104please dick on tellbelmv
r
r
r,
r
Page 4 of 4
HOME
RECORDED
EXHIBIT E
REQUEST FOR PAYMENT
HOME Investment Partnerships Grant Program
Fiscal Year 2021 to 2022
Contract Period: to
1. Project Name:
2. Organization: Telephone Number:
3. Billing Number:
4. Billing Period Covered:
5. % of Total Contract, Expended through this Billing:
6. Cost Categories
A. Project Costs
Salary and Fringes
Total
Expenditures
p to Last
Billin
Uii
Expenditures
This Billing
Total Expenditures
To Date
Contractual
Construction Retaina e
Construction (All other
construction costs
Other Project Costs
Total Expenditures
Funds Obligated:
(By Funding Agreement)
Balance
B. In -kind
Page 1 of 2
7. Details of Request for
Payment (Attach copies of
Invoices, Other Applicable
Documentation)
Invoice #
Vendor Name (If Applicable) Description of Service Amount
Total Request for Reimbursement $
8. Certification:
I certify that Items 1 - 7 of this billing are correct and just and are based upon obligation(s)
of record for the Project; that the work and services are in accordance with the Broward
County approved Agreement, including any amendments thereto; and that the progress of
the work and services under the Agreement for the Project are satisfactory and are
consistent with the amount billed.
Signature and Title of Authorized Official Date
Page 2 of 2
EXHIBIT F
FORM OF MORTGAGE AND PROMISSORY NOTE
Return recorded document to:
Broward County
Housing Finance and Community Redevelopment Division
110 N.E. 31 Street, Suite 203
Fort Lauderdale, Florida 33301
Document prepared by:
[INSERT NAME OF PREPARER]
[INSERT ADDRESS OF PREPARER]
HOME MORTGAGE TO SECURE LOAN
FOR HOUSING REHABILITATION PROGRAM
Form Version: August 2021
THIS HOME MORTGAGE TO SECURE LOAN ("Mortgage") made this _ day of
20_, between a I whose address is
(hereinafter referred to as "Mortgagor"), and
BROWARD COUNTY, a political subdivision of the State of Florida, whose address is 115 South Andrews
Avenue, Fort Lauderdale, FL 33301 (hereinafter referred to as "Mortgagee").
A. Mortgagor is indebted to Mortgagee in the principal sum of
Dollars ($000.00) ("Loan"), which indebtedness is evidenced by Mortgagor's HOME
even date herewith ("Note"), attached hereto as Exhibit A.
Promissory Note of
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, Mortgagor does hereby
mortgage, grant, and convey to Mortgagee the property described in Attachment A, located in the County of
Broward, State of Florida, together with all improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water
rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this
Mortgage; and all of the foregoing, together with said property are herein referred to as the "Property."
Mortgagor agrees to secure to Mortgagee the payment of the Note, payable to Mortgagee, and
agrees to comply with the terms and conditions set forth in 24 C.F.R. Part 92, HOME Investment
Partnerships Program, including the applicable affordability periods established by the Broward County
Housing Finance and Community Redevelopment Division.
The sums secured under this Mortgage are provided in the form of a zero percent (0%) interest
rate, deferred payment, forgivable loan. [ percent (_%) of the initial Loan principal amount shall be
forgiven each year on the anniversary of the date of execution of the Note, provided the Mortgagor complies
with all the terms of this Mortgage and the Note.] Upon the expiration of the term of this Mortgage as
provided in Section 2 hereof, so long as Mortgagor has complied with all the terms of this Mortgage and the
Note, and no Event of Default has occurred or is occurring, the Mortgage shall be deemed satisfied and,
upon request of Mortgagor, Mortgagee shall execute a Satisfaction of Mortgage. Mortgagor shall pay all
costs of recordation of the Satisfaction of Mortgage, if any. If, however, the Mortgagor sells or transfers title
to the Property used to secure this Mortgage prior to the full term of the Loan, or fails to comply with any
terms and conditions of this Mortgage or the Note, the outstanding principal amount of the Note securing this
Mortgage shall immediately become due and payable to Mortgagee.
This Mortgage shall be a [insert position] mortgage on the Property.
Mortgagor hereby further covenants and agrees as follows:
1. Payment of Principal. Mortgagor shall pay when due the outstanding principal under the
Note in accordance with the terms of the Note.
Page 1 of 8
2. Term of Mortgage. The term of this Mortgage shall be �] (_) years from the date of
execution of the Note.
3. Charges. Mortgagor shall pay, prior to becoming delinquent, all taxes, assessments and
other charges, fines and impositions attributable to the Property which may attain a priority over this
Mortgage, and leasehold payments or ground rents, if any, when due, directly to the payee thereof.
Mortgagor shall promptly furnish to Mortgagee receipts evidencing such payments.
Insurance.
(a) Mortgagor shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and
any other hazards, including but not limited to floods, for which Mortgagee requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Mortgagee requires.
(b) The insurance carrier providing the insurance shall be chosen by Mortgagor
subject to Mortgagee's right to disapprove Mortgagor's choice, which right shall not be exercised
unreasonably. All premiums on insurance policies shall be paid by Mortgagor, when due, directly
to the insurance carrier.
(c) All insurance policies required by Mortgagee and renewals of such policies shall
be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause,
and shall name Mortgagee as mortgagee and/or an additional loss payee. Mortgagee shall have
the right to hold the policies and renewals thereof, and Mortgagor shall promptly furnish to
Mortgagee all rental notices and all receipts of paid premiums.
(d) In the event of loss, Mortgagor shall give prompt notice to the insurance carrier
and the Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor. Unless
Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds shall be applied to
restoration or repair of the Property damaged, provided such restoration or repair is economically
feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is
not economically feasible or if the security of this Mortgage would be impaired, the insurance
proceeds shall be applied to the sums secured by this Mortgage with the excess, if any, paid to
Mortgagor.
(e) If Mortgagor abandons the Property, Mortgagee may file, negotiate, and settle
any available insurance claim and related matters. If Mortgagor does not respond within thirty (30)
days to a notice from Mortgagee that the insurance carrier has offered to settle a claim, then
Mortgagee may settle the claim. In either event, Mortgagee is authorized to collect and apply the
insurance proceeds at Mortgagee's option either to restoration or repair of the Property or to the
sums secured by this Mortgage.
(f) If, under Section 16 hereof, the Property is acquired by Mortgagee, all right, title,
and interest of Mortgagor in and to any insurance policies and in and to the proceeds thereof
resulting from damage to the Property, prior to the sale or acquisition shall pass to Mortgagee to
the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition.
5. Purpose of Mortgage. It is expressly agreed and understood that this Mortgage secures
the indebtedness and the obligation of the Mortgagor with respect to the Loan, as the same is evidenced by
the Note, and all renewals, extensions, and modifications thereof. This Mortgage shall not be deemed
released, discharged, or satisfied until the entire indebtedness evidenced by the Note is satisfied in full.
6. Representations and Warranties. Mortgagor represents and warrants that: (a) there are
no actions, suits, or proceedings pending or threatened against or affecting Mortgagor or any portion of the
Property, or involving the validity or enforceability of this Mortgage or the priority of its lien, (b) Mortgagor is
not in default under any other indebtedness or with respect to any order, writ, injunction, decree, judgment or
demand of any court or any governmental authority; and (c) in connection with the Loan, Mortgagor has not
made any material misrepresentations of fact relating to Mortgagor's income and eligibility for the Loan.
Primary Resident. As an inducement for Mortgagor to make the Loan, Mortgagor hereby
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agrees to and covenants that Mortgagor will be the primary resident(s) of the Property during the entirety of
the term of the Mortgage and Note.
8. Care of Property.
(a) No building or other structure or improvement, fixture or personal property
mortgaged hereby shall be removed or demolished without the prior written consent of Mortgagee.
Mortgagor will not make, permit, or suffer any alteration or addition to any building or other
structure or improvement now or which may hereafter be erected or installed upon the mortgaged
property, or any part thereof, except the improvements, if any, required to be made with the
proceeds of the Loan, nor will Mortgagor use, or permit or suffer the use of, any of the Property for
any purpose other than the purpose or purposes for which the same is now used, without the prior
written consent of Mortgagee.
(b) Mortgagor will maintain the Property in good condition and state of repair and will
not suffer or permit any waste to any part thereof, impairment, or deterioration of the Property, or
make or permit to be made to the Property any alterations or additions that would have the effect of
materially diminishing the value thereof or take or permit any action that will in any way increase
any ordinary fire or other hazard arising out of the construction or operation thereof and will
promptly comply with all of the requirements of federal, state, and local governments, or of any
departments, divisions or bureaus thereof, pertaining to such property or any part thereof. If all or
any part of the Property shall be damaged by fire or other casualty, the Mortgagor shall promptly
restore the Property to the equivalent of its original condition regardless of whether or not there
shall be any insurance proceeds therefore. If the Property or any part thereof is damaged by fire or
any other cause, the Mortgagor shall give immediate written notice of same as soon as practicable
to Mortgagee. If a part of the Property shall be physically damaged through condemnation, the
Mortgagor shall promptly restore, repair, or alter the remaining property in a manner satisfactory to
the Mortgagee. Mortgagee's approval of such restorations, repairs, or alterations shall not be
unreasonably withheld.
9. Transfer of the Property; Assumption. No part of the Property or an interest therein
shall be sold or transferred by Mortgagor without the written consent of Mortgagee. If Mortgagor sells or
transfers any interest in the Property, the outstanding principal amount of the Note secured by this Mortgage
shall become immediately due and payable. If the outstanding principal amount of the Note becomes due
and payable, Mortgagee shall provide Mortgagor notice of acceleration, in accordance with Section 16
hereof. Mortgagor shall pay the sums declared due and payable within thirty (30) days after the date of the
notice. If Mortgagor fails to timely pay such sums, Mortgagee may, without further notice or demand on
Mortgagor, invoke any remedies permitted by Section 17 hereof.
10. Hazardous Substances. Mortgagor shall not use, generate, store, or dispose of
Hazardous Materials on the Property. Mortgagor shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Laws. The preceding two sentences shall not
apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Mortgagor shall promptly give Mortgagee written notice of any investigation, claim, demand, lawsuit, or other
action, of which the Mortgagor has actual knowledge, by any governmental or regulatory agency or private
party involving the Property and any Hazardous Substance or Environmental Laws. If Mortgagor learns, or
is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Mortgagor shall promptly take all necessary
remedial actions in accordance with Environmental Laws, and provide Mortgagor notice thereof. As used in
this section, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Laws, including but not limited to the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this section, "Environmental
Laws" means federal, state, and local laws of the jurisdiction where the Property is located that relate to
health, safety, or environmental protection, including but not limited to the Federal Resource Conservation
and Recovery Act and the Federal Comprehensive Environmental Response, Compensation and Liability
Act.
11. Compliance with Laws. Mortgagor shall comply with all federal, state, and local laws
applicable to the Loan and the Property, including all requirements of the U.S. Department of Housing and
Urban Development and 24 C.F.R. Part 92, as may be amended from time to time.
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12. Protection of Mortgagee's Security. If Mortgagor fails to perform the covenants or
agreements contained in this Mortgage, or if any action or proceeding is commenced which materially
affects Mortgagee's interest in the Property, including but not limited to eminent domain, insolvency, code
enforcement, or arrangements or proceedings involving a bankruptcy, Mortgagee, at Mortgagee's option,
upon notice to Mortgagor, may make such appearances, disburse such sums and take such action as is
necessary to protect Mortgagee's interest, including but not limited to disbursement of reasonable attorneys'
fees and entry upon the Property to make repairs.
13. Inspection. Mortgagee may make or cause to be made reasonable entries upon
and inspections of the Property, provided that Mortgagee shall give Mortgagor reasonable notice prior to any
such inspection.
14. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for
conveyance in lieu of condemnation, are hereby assigned and shall be paid to Mortgagee. The proceeds
referred to in this paragraph shall be applied to the sums secured by this Mortgage with the excess, if any,
paid to Mortgagor. If the Property is abandoned by Mortgagor or, if after notice by Mortgagee to Mortgagor
that the condemner offers to make an award or settle a claim for damages, Mortgagor fails to respond to
Mortgagee within thirty (30) days after the date of such notice, Mortgagee is authorized to collect and apply
the proceeds, at Mortgagee's option, either to restoration or repair of the Property, or to the sums secured
by this Mortgage.
15. Event of Default. The term "Event of Default," wherever used in this Mortgage, shall
mean any one or more of the following events:
A. Failure by Mortgagor to duly keep, perform, and observe any other covenant,
condition, or agreement in the Note or this Mortgage, including the covenants to pay when due any
sums secured by this Mortgage, for a period of ten (10) days after Mortgagor gives written notice
specifying the breach.
B. If Mortgagor or any endorser or guarantor of the Note shall file a voluntary
petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or
answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage
earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief
under any present or future Federal Bankruptcy Act or any other present or future applicable
federal, state, or other statute or law, or shall seek or consent to or acquiesce in the appointment of
any trustee, receiver, or liquidator of the Mortgage for all or any of the properties of Mortgagor or of
any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any
proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief, or
similar relief under any present or future federal, state, or other statute or law, such proceeding
shall not have been dismissed or stayed on appeal; or if within the thirty (30) days after
appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of
the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the
Note, or of all or any portion of the Property, such appointment shall not have been vacated or
stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such
appointment shall not have been vacated.
C. The entry by any court of last resort of a decision that an undertaking by the
Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or
encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any
law changing in any way or respect the laws now in force for the taxation of mortgages or debts
secured thereby for any purpose or the manner of collection of any such taxes, so as to effect
adversely this Mortgage or the debt secured hereby unless Mortgagor can and does in a proper
and legal manner, pay any and all sums of whatever kind which may be incurred or charged under
such new or modified law.
D. If foreclosure proceedings should be instituted on any mortgage inferior or
superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which
is not dismissed or transferred to bond within thirty (30) days after the service of foreclosure
proceedings on Mortgagor.
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E. Any default under any mortgage that is superior or inferior to the Mortgage.
Mortgagor shall have the affirmative obligation to immediately notify Mortgage in writing of the
occurrence or existence of any such default.
F. Any breach of any warranty or material untruth of any representation of
Mortgagor contained in the Note or this Mortgage related to the funding assistance provided.
G. Any action prohibited herein.
H. The transfer or lease of the Property to a third party.
I. The abandonment or vacation of the Property by Mortgagor whereby said
Mortgagor ceases to reside and occupy the Property as his or her principal residence.
16. Acceleration; Remedies. Except as provided in Section 9(b) hereof, upon the
occurrence of an Event of Default, Mortgagee, prior to acceleration, shall mail notice to Mortgagor as
provided in Section 20 hereof specifying: (1) the Event of Default; (2) the action required to cure such Event
of Default; (3) a date, not less than thirty (30) days after the date the notice is received by Mortgagor, by
which such Event of Default must be cured to the satisfaction of Mortgagee; and (4) that failure to cure such
Event of Default on or before the date specified in the notice may result in any action in law or equity, as
Mortgagee determines to be most effectual to enforce Mortgagor's obligations, including an action for
specific performance, acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding,
and sale of the Property. The notice shall further inform Mortgagor of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of an Event of Default or any other
defense of Mortgagor to acceleration and foreclosure. If the Event of Default is not cured on or before the
date specified in the notice, Mortgagee at its option may require immediate payment in full of all sums
secured by this Mortgage without further demand and may foreclose this Mortgage by judicial proceeding.
Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
paragraph, including but not limited to reasonable attorneys' fees and costs of title evidence. Any person
(including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of
foreclosure of the first position mortgage on the Property, shall receive title to the Property free and clear
from restrictive covenants, if any, in this Mortgage restricting the use of the Property to low or moderate -
income households, restricting the ability to sell the Property, or otherwise imposing occupancy
requirements on the Property. The foregoing sentence is not a waiver of any of Mortgagor's obligations as
set forth in this Mortgage or the Note.
17. Remedies Cumulative. All remedies provided in this Mortgage are separate, distinct,
and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be
exercised concurrently, independently, or successively. No act of Mortgagee shall be construed as an
election to proceed under any provision or covenant herein to the exclusion of any other, notwithstanding
anything herein to the contrary.
18. Mortgagor's Right to Reinstate. Notwithstanding the Mortgagee's right to acceleration
of the sums secured by this Mortgage, Mortgagor shall have the right to have any proceedings initiated by
Mortgagee to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this
Mortgage if: (a) Mortgagor pays Mortgagee all sums which would be then due under this Mortgage had no
acceleration occurred; (b) Mortgagor cures all breaches of this Mortgage; (c) Mortgagor pays all reasonable
expenses incurred by Mortgagee in enforcing the covenants and agreements of Mortgagor contained in this
Mortgage, including but not limited to reasonable attorneys' fees; and (d) Mortgagor takes such action as
Mortgagee may reasonably require to assure that the lien secured by this Mortgage, Mortgagee's interest in
the Property and Mortgagor's obligation to pay the sums secured by this Mortgage shall remain in full force
and effect as if no acceleration had occurred. Upon such payment and cure by Mortgagor, this Mortgage
and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
19. Recordation. This Mortgage and the Note shall be recorded in the Public Records of
Broward County, Florida.
20. Notice. Except for any notice required under applicable law to be given in another
manner, any notice to Mortgagor or Mortgagee provided for in this Mortgage shall be given by mailing such
notice by certified mail, return receipt requested, addressed to the party for whom it is intended at such
party's respective address set forth above in the introductory paragraph to this Mortgage.
Page 5 of 8
21. Governing Law. This Mortgage shall be interpreted and construed in accordance with
and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related
to, or in connection with this Mortgage shall be in the state courts of the Seventeenth Judicial Circuit in and
for Broward County, Florida. If any claim arising from, related to, or in connection with this Mortgage must
be litigated in federal court, the exclusive venue shall be in the United States District Court or United States
Bankruptcy Court for the Southern District of Florida. All meetings to resolve said dispute, including
voluntary arbitration, mediation, or other alternative dispute resolution mechanism, will take place in this
venue. The parties both waive any defense that the venue in Broward County is not convenient. BY
ENTERING INTO THIS MORTGAGE, MORTGAGOR AND MORTGAGEE HEREBY EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
TO THIS MORTGAGE.
22. Attorneys' Fees and Costs. As used in this Mortgage and in the Note, "attorney's fees"
shall include those fees and costs, if any, which may be awarded by a trial or appellate court.
23. Heirs, Successors, and Permitted Assigns; No Oral Modifications. This Mortgage
shall be binding upon and shall extend to the benefit of the parties hereto and their respective heirs,
successors, and permitted assigns. This Mortgage is not subject to modification other than by a written
document or instrument executed by Mortgagor and Mortgagee.
24. Jointly and Severally Bound. Mortgagor and others who may become liable for all or
any part of the obligations under this Mortgage, hereby agree to be jointly and severally bound by this
Mortgage and jointly and severally waive demand, protest, notice of nonpayment, and any and all lack of
diligence or delays in collection or enforcement hereof, and specifically consent to any extension of time,
release of any party liable for this obligation, including any maker, or acceptance of other security therefor.
Any such extension or release may be made without notice to said party and without in any way affecting
the liability of such party.
25. No Waiver; Mortgagor Not Released. It is expressly agreed and understood that a
waiver by Mortgagee (which waiver shall only be valid if given in writing) of any right or rights conferred to it
hereunder with regard to any one transaction or occurrence shall not be deemed a waiver of such right or
rights to any subsequent transaction or occurrence. It is further agreed that any forbearance or delay by
Mortgagee in enforcement of any right or remedy hereunder shall not constitute or be deemed a waiver of
such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by
Mortgagee shall not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured
by this Mortgage. An extension of time for payment or a modification of the amortization of the sums
secured by this Mortgage granted by Mortgagee to Mortgagor or any successor in interest of Mortgagor
shall not operate to release, in any manner, the liability of Mortgagor or Mortgagor's successor in interest.
Mortgagee shall not be required to commence proceedings against such successor or refuse to extend time
for payment or otherwise modify the amortization of the sums secured by this Mortgage by reason of any
demand made by the Mortgagor or Mortgagor's successor in interest.
26. Severability. If any provision, or part thereof, contained in this Mortgage is, for any
reason, held to be invalid, illegal, unenforceable in any respect, or in conflict with applicable law, such
invalidity, illegality, unenforceability, or conflict shall not affect any other provision (or remaining part of the
affected provision) of this Mortgage, but this Mortgage shall be construed as if such invalid, illegal,
unenforceable, or conflicting provision (or part thereof) had never been contained herein, but only to the
extent it is invalid, illegal, unenforceable, or in conflict with applicable law.
27. Captions. The captions and headings of the paragraphs of this Mortgage are for
convenience only and are not to be used to interpret or define the provisions hereof.
28. Further Assurances. Mortgagor shall cooperate with County to modify and re-record this
Mortgage and/or the Note to the extent modification is required (i) to correct any defect or error in the
Mortgage and/or Note, or (ii) for compliance with applicable federal, state, or local law.
IN WITNESS WHEREOF, MORTGAGOR, , has executed this Mortgage.
WITNESSES:
MORTGAGOR
Page 6 of 8
Sign Name:
Print Name:
Sign Name:
Print Name:
STATE OF FLORIDA )
)SS
County OF BROWARD )
By:
By:
(Print or Type Name)
day of , 20
(Print or Type Name)
day of , 20_
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or
❑ online notarization, this day of 1 20 1 by
as , who is personally known to me or who has
produced as identification.
My Commission Expires:
Print Name:
Notary Public, State of Florida at Large
Commission No.
Page 7 of 8
Legal Description:
Parcel Identification Number:
Street Address:
ATTACHMENT A
To
Mortgage to Secure Loan for HOME Activities
Page 8 of 8
EXHIBIT A TO MORTGAGE
HOME PROMISSORY NOTE
HOUSING REHABILITATION PROGRAM
Forgivable Loan
$ (Amount to be inserted) , 20_
FOR VALUE RECEIVED, the undersigned ("Maker"), whose address is
Florida 33 , promises to pay to the order of BROWARD COUNTY, a political
subdivision of the State of Florida, hereof ("Holder") at Governmental Center, 115 South Andrews
Avenue, Fort Lauderdale, Florida 33301, or such other location or address as Holder may from time to
time designate in writing, the principal sum of Dollars ($000.00) ("Loan") to be
paid in lawful U.S. currency.
1. The real property ("Property") securing this Loan is legally described as set forth in Exhibit A
attached. This HOME Promissory Note ("Promissory Note") is secured by a HOME Mortgage to Secure
Loan ("Mortgage") of even date herewith executed in favor of Holder, and recorded simultaneously
therewith in the Public Records of Broward County, Florida, encumbering the Property, subject to no
exceptions.
2. Holder is a recipient of HOME Investment Partnerships Program ("HOME") grant funds from the
United States Department of Housing and Urban Development ("HUD") for eligible activities set forth in
24 C.F.R. Part 92.
3. The Loan provided under this Promissory Note is a zero percent (0%) interest rate, deferred
payment, forgivable loan. [ percent (_%) of the initial Loan principal amount shall be forgiven each
year on the anniversary of the date of execution of this Promissory Note, provided the Maker complies
with all the terms of the Mortgage and this Promissory Note. ] On the anniversary date of the _ (—)
year of the date of execution of this Promissory Note, the Mortgage shall be deemed satisfied, and the
outstanding principal amount of this Promissory Note shall be forgiven if Maker is in compliance with the
terms of the Mortgage and this Promissory Note. If, however, Maker (i) sells or transfers title to the
Property used to secure this Promissory Note prior to the full term of the Loan, (ii) fails to utilize the
Property for the purposes stated in the Mortgage, or (iii) fails to comply with the terms and conditions of
the Mortgage, the outstanding principal amount of this Promissory Note shall immediately become due
and payable to Holder.
4. Upon completion of the term of this Promissory Note and payment of all amounts due hereunder,
if any, and provided that Maker complies with all other covenants and conditions of the Mortgage and this
Promissory Note, then this Promissory Note and the Mortgage shall terminate and, upon request of
Maker, Holder shall execute a Satisfaction of Mortgage.
5. If this Promissory Note is reduced to judgment, such judgment shall bear the statutory interest
rate on judgments.
6. This Promissory Note may be prepaid in whole or in part at any time, without penalty or premium.
Any prepayment hereunder shall be applied first to unpaid costs of collection, servicing fees, and late
charges, if any, then to accrued, deferred, and unpaid interest, and the balance, if any, to the principal
balance.
In the event of default in the terms or conditions of this Promissory Note, and if the same is
Page 1 of 4
enforced by an attorney at law, Maker hereby agree(s) to pay all costs of collection, including reasonable
attorney's fees. Notwithstanding any of the preceding provisions, Holder shall be entitled to collect a late
fee on any principal amount due and payable by Maker, in such amount as may have been adopted by
Resolution of the Broward County Board of County Commissioners and set forth in the Broward County
Administrative Code, at the time of the execution of this Promissory Note.
8. Except for any notice required under applicable law to be given in another manner, all notices
under this Promissory Note shall be provided as specified in Section 20 of the Mortgage.
9. No delay or omission on the part of Holder in the exercise of any right hereunder shall operate as
a waiver of such right or of any other right under this Promissory Note. No waiver of any of Holder's
rights under this Promissory Note shall be binding upon Holder unless Holder approves such waiver in
writing. A waiver by Holder of any right or remedy conferred to it hereunder on any one occasion shall
not be construed as a bar to, or waiver of, any such right or remedy as to any future occasion.
10. This Promissory Note shall be interpreted and construed in accordance with and governed by the
laws of the state of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection
with this Promissory Note shall be in the state courts of the Seventeenth Judicial Circuit in and for
Broward County, Florida. If any claim arising from, related to, or in connection with this Promissory Note
must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States
District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING
INTO THIS PROMISSORY NOTE, MAKER AND HOLDER HEREBY EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
TO THIS PROMISSORY NOTE.
11. In the event that any provision of this Promissory Note is held to be unenforceable under the law,
all remaining provisions of this Promissory Note shall be binding, valid, and enforceable.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Page 2 of 4
IN WITNESS WHEREOF, MAKER, , has executed this Note.
WITNESSES: MAKER
Sign Name:
By:
Print Name:
Sign Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF BROWARD )
(Print or Type Name)
_ day of , 20
By:
(Print or Type Name)
day of 20.
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or
❑ online notarization, this day of 1 20_, by
as , who is personally known to me or who has
produced as identification.
Print Name:
Notary Public, State of Florida at Large
Commission No.
My Commission Expires:
Page 3 of 4
EXHIBIT A [to Promissory Note]
LEGAL DESCRIPTION
Page 4 of 4
EXHIBIT G
AFFIRMATIVE MARKETING POLICY
A. AFFIRMATIVE MARKETING:
1. DISSEMINATION OF INFORMATION
The following methods shall be used to inform the public, owners, and potential tenants
about Federal Fair Housing Laws, compliance with 24 CFR 92.35, Affirmative Marketing;
minority outreach program, and the marketing policy of the Housing Finance and
Community Redevelopment Division.
From time to time, City shall canvass the eligible areas disseminating program and fair
housing information flyers to tenant associations, civic associations, public service
agencies, tenant groups, civic and fraternal organizations, churches, housing counseling,
consumer affairs, business and non-profit groups.
Public service announcements will be made on radio and television stations. Press
releases will be placed in newspapers and other publications circulated widely in target
areas.
The Equal Housing Opportunity logo will be used on all printed materials.
2. PRACTICES AND PROCEDURES
City must adhere to the following requirements and practices in order to carry out the
affirmative marketing policies of the Housing Finance and Community Redevelopment
Division.
Advertise in circulars and periodicals having wide distribution in target areas. Display
leaflets, brochures, and other printed materials containing the equal housing logo in
conspicuous locations at places frequented by potential tenants and persons least likely
to apply for the rental housing.
3. SPECIAL OUTREACH
City shall endeavor to notify the public of its programs by conducting special outreach
activities including, but not limited to, community organizations, places of worship,
employment centers, fair housing groups, and housing counseling agencies.
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4. FAILURE TO COMPLY WITH REQUIREMENTS
Failure on the part of City to comply with the affirmative marketing requirements provided
herein, or to cure or remedy identified violations within thirty (30) days of notification of
violations by the Division shall result in suspension of undisbursed HOME Funds under
the Agreement.
B. CIVIL RIGHTS
No person shall be discriminated upon based on race, color, sex, age, marital status,
disability, religion, or national origin in the rental, lease, sale, or use of the property to be
constructed with HOME Investment Partnerships Program (HOME) Funds obtained
through the HOME Program in accordance with Title VIII of the Civil Rights Act of 1968
(Fair Housing Act) and the Fair Housing Amendment Acts of 1988, 42 U.S.C. 3601 et
seq., and implementing regulations set forth in 24 CFR Parts 100, 103, and 104.
C. INTEREST OF PUBLIC BODY
No member of the governing body of Broward County or City or any employee of the
Housing Finance and Community Redevelopment Division or City may have any interest,
direct or indirect, in the proceeds of any loan or in any contract entered into by the
borrower for the performance of work financed, in whole or in part, with the proceeds of
the loan.
D. DISPLACEMENTS
Multi -family housing projects are designed to increase the supply of rental housing for low
and very low-income families. However, in the event that displacement occurs, relocation
will be conducted in accordance with 24 CFR Part 92.353, Displacement, relocation, and
acquisition, and information on this policy may be obtained from the Broward County
Housing Finance and Community Redevelopment Division, 110 N.E. 3rd St., Third Floor,
Fort Lauderdale, Florida 33301.
The existing evaluation and monitoring activities conducted by the Housing Finance and
Community Redevelopment Division will be applied to the HOME Program to ensure
compliance with local and federal policies, regulations, and required reports. In instances
of noncompliance, corrective action will be taken.
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EXHIBIT H
FORM OF HOMEOWNER AGREEMENT
BROWARD COUNTY/BROWARD COUNTY HOME CONSORTIUM
HOME Homeowner Rehabilitation Program Agreement
Homeowner/s:
Property Address:
Funding Amount: Property Value after Rehabilitation:
This Agreement is entered into by Broward County ("the Agency") and Homeowner/s noted above
("Homeowner/s"), collectively referred to as "the Parties".
WITNESSETH:
WHEREAS, the Agency has received HOME funds on behalf of Broward County or HOME
Consortium appropriated by the National Affordable Housing Act of 1990, as amended, and from
the U.S. Department of Housing and Urban Development (hereinafter called "HUD"), to be expended in
accordance with HOME Investment Partnership Acts (42 U.S.C. 12701 et seq), as amended by the
Housing and Community Development Act of 1992 and the Multifamily Property Disposition Reform Act
of 1994.
WHEREAS, the Agency has agreed to use the HOME funds to finance a Homeowner Rehabilitation
Program and meet the requirements as set forth in 24 CFR Part 92, as amended or waived by HUD.
NOW THEREFORE, the Parties covenant and agree as follows
1. AFFORDABILITY PERIOD
The property must remain affordable for a term of years (the "Affordability Period"), or until the
first of the following events occur: (1) Homeowners sell, transfer or dispose of the assisted unit (by either
sale, transfer, bankruptcy or foreclosure, etc.); (2) The Homeowners no longer occupy the unit as their
principal residence; or (3) The Homeowner dies, or if a married couple, the survivor dies.
2. FUNDING AMOUNT AND FORM OF ASSISTANCE
The Agency will provide a Deferred Payment Loan in an amount up to $ Dollars at Zero 0%
percent interest for a period no less than and not to exceed the term of affordability identified in
Paragraph 1 above.
3. RECAPTURE/RESALE PROVISIONS
Recapture provisions will apply pursuant to 24 CFR92.254 upon one or more of the following events: (1)
the homeowners sell, transfer or dispose of the assisted unit (by either sale, transfer, bankruptcy or
foreclosure, etc.); (2) the homeowners no longer occupy the unit as their principal residence; or (3) the
homeowner dies, or if a married couple, the survivor dies. If the housing does not continue to be the
principal place of residence for the family for the entire duration of the affordability period, then recapture
provisions will apply.
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Pursuant to 24 CFR 92.254 (a) (5) (ii) (A)(2), the Agency will require homeowners to repay
the entire amount of the HOME investment or a pro -rated amount depending upon the
terms of this city if any of the stated recapture events occur as stated in paragraph 3.
The Agency will NOT exercise a resale provision pursuant to 24 CFR 92.254(a)(5).
These and other repayment provisions shall be enforced via the Promissory Note and/or Mortgage,
which will also be executed at closing.
4. PROGRAM REQUIREMENTS
The Agency and the Homeowners agree to comply with these program requirements, as set forth in the
HOME regulations (24 CFR 570) as follows:
a) Income Eligible: The Homeowners have certified that at the time of application and approval,
their annual income does not exceed eighty (80%) percent of the median income for the area, as
determined by HUD, with adjustments for family size;
b) Principal Residence: The Homeowners certify that the property is and will continue to be their
principal residence during the Affordability Period;
c) Property Value: The property is located within the jurisdiction of the Agency's HOME Program
and has an after rehabilitation or construction appraised value equal or less than $320,855, which
is less than ninety-five percent (95%) of the area median sales price. The Agency has reviewed
the household income and the property value requirements in accordance with the HOME
Program requirements, and has approved the Homeowner/s and property as eligible for funding;
d) Property Maintenance: The Homeowner/s must maintain the property, including payment of
property taxes, property insurance and flood insurance (if applicable) and homeowner's
insurance, during the Affordability Period. Broward County will be named as Additional Mortgagee
on all property and flood insurance coverage during the Affordability Period;
e) Housing Quality Standards (HQS): The property, after rehabilitation must meet, at a minimum,
Section 8 Housing Quality Standards (HQS), local building codes and Broward County
ordinances. The Agency has reviewed the property inspection report and the scope of
recommended work and has approved this project eligible for funding;
f) Equal Opportunity, Fair Housing and Affirmative Marketing (24 CFR Part 92.361);
g) Displacement and dislocation pursuant to Uniform Relocation Act, if applicable;
h) Davis -Bacon and Related Acts (DBRA), if applicable:
i) Environmental review;
j) Lead -based paint inspections and mitigation;
k) Conflict of interest;
1) Disbarment and suspension;
m) Flood insurance coverage; and
n) Executive Order 12372.
5. ESTIMATED COMPLETION DATE AND DISBURSEMENT OF FUNDS
The Homeowners agree that the funds will only be used as payment for title search, inspections, testing.
materials, labor, permit fees, engineering fees and administrative costs to rehabilitate, renovate, repair,
remodel and improve Homeowner's subject property, as detailed in the Scope of Work agreed to by
Homeowner/s and licensed general contractor, attached hereto and incorporated herein by reference.
The estimated completion date is no more than one hundred and twenty (120) calendar days from the
date of recording the Notice of Commencement in the Broward County public records. The HOME funds
shall be disbursed by the Agency to a licensed general contractor or sub -recipient when rehabilitation
work is completed as evidenced by final permit and final inspection.
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6. RECORDS AND REPORTS
The Agency and Homeowners agree to complete all reports and maintain documentation (as applicable
to each party) in accordance with HUD guidelines (24 CFR Part 92) for a period of five (5) years after the
end of the affordability term.
7. ENFORCEMENT OF THE AGREEMENT
The loan shall be evidenced by a Promissory Note and shall be secured by a Mortgage on the property.
Failure by the Homeowners to comply with the terms of this Agreement and the loan documents will be
considered a default, and appropriate legal actions will be taken.
8. HOMESTEAD EXEMPTION
Throughout the Affordability Period, the Agency reserves the right to confirm the premises is in use as
the Homebuyer's principal residence. The primary (but not sole) indication that the premises is the
principal residence is continued Homestead Exemption throughout the Affordability Period. If Homestead
Exemption lapses during the Affordability Period, the Agency will assume the premises is no longer the
Homebuyer's principal residence, will demand full repayment of the assistance provided, and take
appropriate legal action to secure repayment.
9. START DATE AND DURATION OF THE AGREEMENT
This Agreement will be in effect for a term which shall start when the Mortgage and Note are recorded in
the Broward County public records, and run for the duration of the Affordability Period established under
Paragraph 1, or until one of the following events occurs: (1) the Homeowners sell, transfer or dispose of
the assisted unit (by either sale, transfer, bankruptcy or foreclosure, etc.); (2) the Homeowners no longer
occupy the unit as their principal residence; or (3) the Homeowner dies, or if a married couple, the
survivor dies.
10. OTHER PROVISIONS
No discrimination against any person or group of persons by the parties on account of race, sex, creed,
religion, marital status, familial status, sexual orientation, disability, color or national origin shall be made
in performance of this Agreement.
Nothing contained in this Agreement or any act of the Agency or the Homeowners shall be deemed or
construed by any of the parties hereto, or third persons to create any relationship of third party
beneficiary, principal or agent, limited of general partnership, joint venture or any association or
relationship involving Broward County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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AGREED TO AND ACCEPTED by the Parties on the date last noted below:
Homebuyer Print Name
Homebuyer Signature Date
Homebuyer Print Name
Homebuyer Signature Date
City Representative
Print Name
Signature
Date
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Homeowner/s:
Property Address:
BROWARD COUNTY /BROWARD COUNTY HOME CONSORTIUM
HOME Homeowner Rehabilitation Program Agreement
SCOPE OF WORK
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