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Resolution 1975-14 e e RESOLUTION NO. 75-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT REGARDING ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 BETWEEN THE CITY OF GILROY AND THE COUNTY OF SANTA CLARA. WHEREAS) the City of Gilroy previously on January 6, 1975 indicated its intent to apply for entitlement funds under the Housing and Community Develop- ment Act of 1974 by entering into a cooperation agreement with the County of Santa Clara; and WHEREAS) after review of said Agreement, HUD has made further re- quirements with respect to such agreement that have necessitated this amendment; and NOW) THEREFORE) BE IT RESOLVED by the City Council of the City of Gilroy that said amendment be and is hereby approved specifically to modify, alter and change said Agreement as hereinafter stated in said amendatory Agree- ment attached hereto. BE IT FURTHER RESOLVED that the Mayor is authorized and direc- ted to sign said amendatory agreement on behalf of the City. PASSED AND ADOPTED this 7th day of April, 1975, by the following vote: AYES: COUNCIL MEMBERS: CHILDERSJ DE BELL) DUFFIN) LINK) ~ PATE) STOUT AND GOODRICH. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: ~//~#~ MAYOR ATTEST: (r'~/ /7)/2to d1111lj cz) [e~4J1tt) CITY CLERK RESOLUTION NO. 75-14 -1- .~ e e ANE~Di-1EXr TO JO n;r EXERC ISE OF POt.!ERS AGREEr.rt:~:T AND COOPERATION AGREEHE~'T This 'An!endment to the Joint Exercise of Pmvers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Co~~unity Development Act of 1974 (Agreement) by and between the County of Santa Clara (County) and City of Gilroy __(City) is made in the light of the following recitals: A. That on6th day of January , 1975, County and City made and entered into the above-described Agreement to enable County to apply for and receive entitlement funds as an urban county and to establish the respec~ive rights and obligations of I the contracting parties to such funds; and B. That after review of said Agreement, BUD has made further requirements with respect to such agreement that have necessitated this Amendment. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set out herein, the parties hereto agree to ~odify, alter and change said Agreement in the following re- spects only: 1. By adding the following to the first paragraph of Section 4 of the Agreement: More specifically, the parties hereto agree to cooperate in undertaking, or to assist -1- ( ~ e e in undertaking, essential cou:munity develop- ment and housing assistance activities, specifically urban renewal and publicly assisted hous ing. 2. By adding the following paragraph to Section 7 of the Agreement: Should HUD find any of City's projects, as in- corporated into and made a part of County's Application, to be ineligible activities or activities plainly inappropriate to the County's stated needs and objectives, City shall receive no funds for such projects. In that event, in order to obtain HUD approval for the full en- titlement amount, County shall delete such in- eligible Or plainly inapp~opriate projects from the Application and designate for funding, in their stead, one or more projects froffi the Priority Alternative Projects described in the County's Application. 3. By adding the following to Section 12 of the Agree- me n t : Such certifications to be furnished by City to County are necessary to enable County to make the required assurances in its con- tract -:'lith BUD. 4. This Asendment shall beco~e effective upon execution bv the governing bodies of County and of City. -2- ~ e e . 5. In the event of any conflict, inconsistency or in- congruity between the provisions of this Arnendment and of any of the provisions of the Agreement, as heretofore amended, the provisions of this Amendment shall, in all respects, govern and control. 6. It is expressly agreed between the parties that this Amendment is supplemental to the Agreement, which is by reference made a part hereof, and all the terms, con- ditions and provisions thereto, unless specifically t modified herein, are to apply to and be a part of this Amender.ent as though expressly re-1;.,ritten, incorporated and included herein. IN HITNE3S~\l}lEREOF, parties hereto have executed this agree- ment on the dates set forth below. Date: COU~7Y OF SA~lA CLARA ATTEST: Clerk, DO;J.~'\LD ~r. R,,\ n:s Board of Supervisors By " Chairman, noard of SUperV:L50rS l AFf~ROVED .~\.... 0 FOR>I: " \\ ~ f\ tl .~. """ -tin '-J~--:='~-+ l .\..l~'J: ':..pn DL1J.'tinte, Deputy County Counsel Date: Apri 1 7, 1975 CITY OF GILROY ATTEST: . City ~Muu/ 5' ---------~ ~~ilc'. -crt y :\ t. r n -3- f 11 ~ e . e I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy.,. do hereby certify that the attached Resolution No. 75-14 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of Apri 1 , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of the City of Gi lroy, this 10th day of April . 19.!2.. G f7 .xY{;;;:;; G; I ray