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HomeMy WebLinkAbout703_CCv0001.pdf HES©LUTO NO.--70,3 - .... the city Of Red landau the Ifousing Home ha:s applied �i,nar�ce t ` Ser�r�oe Agency-, Camm�xno 3 ter Fsc i I. fo:r an a,i:=.:;-ce for hies Public works Plan pr$pa.ratjon gor and non-Pe deral ' V 'k un VM an off er o OWk012 g ` s been ,made Y Housing ar.;a g= t0 the �?� s'`t -'encys Said NOWs 13B eC BE IT 'r r"r nth Vit. 'a. hHP�b V ps at said CBPted by the 4 'fgr Edgar T. Him, city Manager is ha Cite �,� k .�and�, and an agreement with reby author to said Housing ®xecute g` '� H°me .Flnane e Agency. N V. £ r r' R• R. Whazejr, Cit ce-rtify the above Clerk, City, og Special me etin Reaolutian RedlandWas dus hereby October ll g 'If the City Council, h$dopted at a the fdllowinl� l' at the regular ld at S Vote : place of meeting,A.M. Ayes ; CouncilmanY andMayor Polki,,est an Di Roes , Putna , Clapp. ; bone m Absent . None Thorn quest City of Redlands y �' � r H-905 HOUSING ANIS HOME FINANCE AGENCY Z7.2-50t OFFICE OF THE ADYINISTAATOR COMMUNITY FACILITIES SERVICE AGREEMENT FOR PUBLIC WORKS PLAN PREPARATION Project No. TO: iLF4A_ Maw€ OF AFPLICAMT) (A6e1E3S OF AFFEIS►A T) Pursuant to the provisions of Public Law 352, 81st Congress, approved October 13, 1949, and your application, as amended and supplemented, and subject to the Terms and Conditions, dated December 15, 1950, attached hereto and made' a part hereof, the UNITED STATES OF AMERICA, acting by and through the !lousing and Home Finance Admin- istrator, hereby offers to make you an advance of not to exceed S� to aid you in financing the cost oflas P preparation, to consist of d SpeW'tions for the proposed construction of a U%stmoo e By the acceptance of this offer, you agree to complete the above-described pian preparation within --M days from the receipt of the initial advance and eovenane that you will repay the advance when required to do so under the provisions of said Law and Teras and Conditions. This day of UNITED STATES OF AMERICA Housing and Home Finance Administrator Byp__ IDlr�slar Eyc1�EE�e)" A4Mw ft; f +TEE) ACCEPTANCE The foregoing offer is hereby accepted this//day of 195L. "Itty of RftMw (LE4 AL 0AN1 or APrL I AI Byot (T1TL[1 CERTIFICATE 1, the undersigned, HEREBY CERTIFY that I am the official custodian of the ords and proceedings of the governing body of the above-identified Applicant, that such records and proceedings showthat, purs an t proceedings of said gov ing body had and adopted on the_,._11_ _day of 1�f , 195 / , foregoing offer of the United States of America has been unqualifiedly and duly cepted by said Applicant. / [/r!� e L. This _�—day of— 195 (71tif( (SEAL) 2 - SECOND ADVANCE PLANNING [GROGRAM TERMS AND CONDITIONS December 15, 1451 1. No advance, or any portion thereof, shall be utilized by any Applicant to defray the cost of any part of the plan preparation which, prior to the date borne by the offer ( the acceptance of which creates the Agreement for Public Works Plan Preparation) to which these Terms and Conditions relate, has been completed or has been included in any contract in which the Applicant has agreed to finance such plan preparation with any specific funds other than those to be supplied by the Government. 2. Th,e Applicajit' s expenditure of the advance shall be limited to the plan preparation'.d or which the advance has been made, and the Applicant shall cause the plan preparation to be such as will permit of the construction of the work contem- plated thereby at a cost which is within its ability to finance a-nd which bears a reasonable relation to the estimate of cost therefor contained in its Application for Advance for Plan Preparation for Non-Federal Public Works. 3. In the event an Applicant utilizes its own employees to accomplish the plan preparation only those costs incurred by the Applicant for the plan preparation which would not have been incurred except for the undertaking of the plan preparation shall be paid from the Government' s advance. 4. The Applicant shall keep accurate and complete records and accounts of all costs incurred by it in connection with the plan preparation undertaken pursuant to the said Agreement and these records and accounts shall be readily available for ex- amination by the authorized representatives of the Government during the Applicant' s regular office hours. A copy of these records and accounts, or any portion thereof, shall he furnished the Government' s authorized representatives upon request. 5. The Applicant may requisition a payment of 25% of the advance provided for in the said Agreement upon the submission to the Government of a copy of its archi- tectural and/or engineering contract together with a copy of its letter to the ar- chitect and/or engineer containing instructions to proceed with the aforesaid plan preparation, or, if theplan preparation is to be performed by the Applicant' s forces, the requisition shall be accompanied by a statement as to when the plan preparation will be started. Upon receipt of such requisition and supporting data, in satisfac- tory form, the initial advance payment will be made. The remaining payment of the advance may be requisitioned when the plan preparation is completed, final costs are determined and presented to the Government together with evidence of the Applicant' s approval thereof, including specifically the then estimated cost of constructing the public work contemplated by the plan preparation, and any other approvals required by Federal , State or local law. Upon receipt of such data, in satisfactory form, and if the Government is satisfied that the Applicant has complied with all its ob- ligations under the said Agreement the balance of the advance not exceeding actual plan preparation cost will be paid. 6. The Applicant shall promptly refund to the Government any portion of the Government' s advance which is in excess of the cost to the Applicant of the plan preparation. - 3 - 7 . If the Applicant shall cause or permit the plan preparation to be abar prior to its completion without the Government' s consent, the Government sht relieved of all of its obligations under the Agreement and the Applicant promptly refund to the Government any portion of the advance that has been p: the Government. However, if such abandonment is formally consented to or cone in by the Government, on the basis that it is to the Government' s interest to al the plan preparation, the Government' s obligation with respect to payment of vance shall remain in effect but shall be limited to the amount of the Applic liability for the cost of the plan preparation at the time of the abandonmen determined by the Government. 8. The Government may elect to terminate all or any of its obligations the said Agreement and to recover any and all funds advanced to the Applicant such Agreement: ( a) If any representation of the Applicant in its application or in any supplement theretoor amendment thereof, or in any documents submitted to the Government by the Applicant in connection with such application, shall be incorrect or incomplete in any ma- terial respect; ( b) If the Applicant shall fail tocommence or complete promptly the plan preparation within the time provided therefor in the Agree- ment or within the limits of any extension of time as may be approved by the Government, orif the Applicant shall fail other- wise in the performance or fulfillment of any of its obliga- tions to be performed or fulfilled under the Agreement; ( c) If the Applicant shall fail to submit or cause to be submitted to the Government any reports, data, pians, drawings, specifi- cations, contracts, estimates, approvals, or other documents pertaining to the plan preparation contemplated by the Agree- ment, that may be requested by the Government; (d) If any official of the Applicant shall become directly or indi- rectly interested personally in any contract or subcontract in connection with the aforesaid plan preparation. 9. In the event the Applicant has employed or shall employ any person, i or corporation, excepting bona fide employees and persons , firms, or corporat employed under a bona fide contract to render professional or technical sery only, to solicit or secure the advance covered by the Agreement to which these I and Conditions relate, or any other contract right under such Agreement, upo agreement or understanding for a commission, percentage, brokerage, or contin fee, the Government shall have the right to annul said Agreement without liabi or in its discretion to deduct from the advance otherwise payable under the Ag mens the full amount of such commission, percentage, brokerage, or contingent fe 10. The advance shall be repaid in its entirety without interest when the struction of the public works planned with the aid of the Government' s advanc undertaken or started: Provided, however, if the advance is made to finance plan preparation of two or more public works which are specifically described in said .Agreement as separate units, the advance shall be repayable only with res - 4 - F to each such separate unit when construction of such separate unit is un started and only in the proportion which the estimated cost n the sedartaken or n placed under construction bears to the estimated cost of all the p ate unit scribed in the nshAgreement, which proportion shall be determined b the The construction shall be considered as undertakenPublic works de- be Y Government. structinn contract is awarded or the Applicant or started when the first con_ forces, pplicant begins construction with its own 11. In the event the Applicant should, for an the advance or any portion ail to repthereof in accordanceywithoitsfobligationaY Promptly whether such obligationr the said Agreement, shall arise by operation of law or undeto do so, such unpaid sum shall bear interest at the rate of six ( 6%) per centum per annum Payment to the from the date of the Government' s demand to the Applicant for the re date of payment thereof by the Applicant. 12, The Government shall not be obli�uated or liable under the Agreement to an party other than the Applicant, y 13. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of the Governments arising therefrom. advance or in any benefit 14• The said Agreement is made subject to the following special conditions: None. 5 - k8fl.A LlB, Ye�hinptan, b. L_ __�