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2009/10/14 Council Agenda Packet
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2009/10/14 Council Agenda Packet
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Council Agenda Packet
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10/14/2009
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J <br /> Exhibit "A" <br /> Scope of Service, Time of Performance, Budget, <br /> Payment, Notices, and Other Provisions <br /> I. Scope of Service <br /> A. Activities/Project Description <br /> In accordance with this Agreement and the CTED Grant Agreement, the City shall deliver$546,899 <br /> in Neighborhood Stabilization Program funds to the Subgrantee (the "Subgrant"). The Subgrantee <br /> shall use the Subgrant in accordance with this Agreement, the CTED Grant Agreement, and all <br /> applicable laws and regulations. <br /> The Subgrantee's administration and use of the Subgrant shall comply with the following: <br /> Program Delivery <br /> Rehabilitation. The Subgrantee shall use $200,000 of the Subgrant to provide funds to one or <br /> more nonprofit organizations that will purchase, rehabilitate and sell or rent approximately four(4) <br /> foreclosed properties to income-eligible homebuyers. This $200,000 is referred to in this Agreement <br /> as "Rehabilitation Funds." Each of these nonprofit organizations is referred to in this Agreement as a <br /> "Rehabilitation Nonprofit Organization." Each of the foreclosed properties is referred to in this <br /> Agreement as a "Rehabilitation Property." <br /> The Subgrantee shall not deliver any Rehabilitation Funds to a Rehabilitation Nonprofit <br /> Organization unless the City has approved the Rehabilitation Nonprofit Organization and has <br /> approved the contract between the Subgrantee and the Rehabilitation Nonprofit Organization. Each <br /> contract between the Subgrantee and a Rehabilitation Nonprofit Organization must include at least <br /> the following items, all of which must be acceptable to the City: (1) the form of promissory note to be <br /> executed by the Rehabilitation Nonprofit Organization, obligating the Rehabilitation Nonprofit <br /> Organization to repay the Rehabilitation Funds to the Subgrantee; (2)the form of the deed of trust to <br /> be recorded against Rehabilitation Property; (3)the form of the covenant, if any, to be recorded <br /> against Rehabilitation Property; (4) a requirement that the Rehabilitation Nonprofit Organization <br /> record the deed of trust and covenant at the closing of its purchase of Rehabilitation Property; (5) a <br /> provision stating the requirements for the priority position of the deed of trust and covenant; (6) a <br /> provision incorporating the CTED Grant Agreement and this Agreement, and requiring that the <br /> Rehabilitation Nonprofit Organization fully cooperate in assisting the City and the Subgrantee to <br /> comply with both such agreements; (7) indemnity and insurance provisions in favor of the City and <br /> the State of Washington; and (8) any other provision that the City may determine necessary. <br /> If the Subgrantee receives any repayments of Rehabilitation Funds from the Rehabilitation <br /> Nonprofit Organization, the Subgrantee shall promptly deliver those repayments to the City. <br /> If a Rehabilitation Nonprofit Organization sells or otherwise transfers Rehabilitation Property <br /> (including without limitation transfer pursuant to trustee sale or foreclosure), at the closing of such <br /> sale or transfer the Subgrantee shall deliver to the City a payment equal to the amount of <br /> Rehabilitation Funds that the Rehabilitation Nonprofit Organization used to purchase that <br /> A-1 <br /> 14 <br />
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