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HomeMy WebLinkAboutResolution - 3024 - Designate LHFC As Local Urban Homestead Agency - 01/26/1989Resolution #3024 January 26, 1989 Item #16 RESOLUTION WHEREAS, on February 11, 1988 the City Council of the City of Lubbock authorized the filing of an Urban Homestead Application on behalf of the City of Lubbock with the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council of the City of Lubbock designated the Lubbock Urban Renewal Board of Commissioners as the Local Urban Homesteading Agency; and WHEREAS, the Department of Housing and Urban Development finds it more appropriate to have the Lubbock Housing Finance Corporation act as the Local Urban Homesteading Agency; and WHEREAS, the Department of Housing and Urban Development requires an agreement between the Lubbock Housing Finance Corporation and the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Lubbock Housing Finance Corporation be and is hereby designated as the Local Urban Homestead Agency. SECTION 2. THAT a Homestead Program Agreement between the Lubbock Housing Finance Corporation and the City of Lubbock be and is hereby authorized. Passed by the City Council this 26th day of January , 1989. C B. C. MCMrNN, MAYOR ATTEST: avvnn �r� , -City AS TO CONTENT: Sandy Odletr0e, Community Development Administrator APPROVED AS TO FORM: ames P. Brewster Civil Trial Attorney Resolution 43024 January 26, 1989 RESOLUTION WHEREAS, on February 11, 1988 the City Council of the City of Lubbock authorized the filing of an Urban Homestead Application on behalf of the City of Lubbock with the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council of the City of Lubbock designated the Lubbock Urban Renewal Board of Commissioners as the Local Urban Homesteading Agency; and WHEREAS, the Department of Housing and Urban Development finds it more appropriate to have the Lubbock Housing Finance Corporation act as the Local Urban Homesteading Agency; and WHEREAS,.the Department of Housing and Urban Development requires an agreement between the Lubbock Housing Finance Corporation and the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Lubbock Housing Finance Corporation be and is hereby designated as the Local Urban Homestead Agency. SECTION 2. THAT a Homestead Program Agreement between the Lubbock Housing Finance Corporation and the City of Lubbock be and is hereby authorized. Passed by the City Council this 26th day of January , 1989. 01 B. C. MC NN, MAYOR Ranette 11 Boyd, City Secr ',.APPROVED AS TO CONTENT: q Sandy, Ooetr66, Community Development Administrator APPROVED AS TO FORM: does P Brewster evil Trial Attorney STATE OF TEXAS §. § COUNTY OF LUBBOCK § AGREEMENT This agreement is entered into by and Finance Corporation (hereinafter called the and through its duly authorized President, Home Rule Municipality of Lubbock County, T "city"; Resolution #3024 between the Lubbock Housing "Corporation"), acting by and the City of Lubbock, a exas hereinafter called For and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The parties mutually agree to cooperate in the implementation of a Local Urban Homesteading Program ("program") under which eligible individuals will receive single family residences which properties must be rehabilitated and used as residences, pursuant to the Housing and Community Development Act of 1974 and regulations of the United States Department of Housing and Urban Development ("HUD"). 2. The parties agree to perform in compliance with the terms of the Urban Homesteading Agreement. 3. The Corporation agrees to accept title to properties eligible to be conveyed under the program. It agrees to make these properties available for conveyance and to convey these properties to eligible individuals who qualify under the program as "homesteaders." 4. Whether or not the transactions contemplated by this Agreement and the Program are consummated, the City shall protect and indemnify the Corporation, its directors, officers, agents and employees from and against all liability, losses, damages, costs, expenses (including attorneys' fees), taxes, causes of action, suits, claims, demands and judgments of any nature of, from, by or on behalf of any person arising in any manner from this Agreement or in connection with the Program or the financing of the Program, including, without limiting the generality of the foregoing, those arising from (i) any work done in connection with, or the operation of the Program during the term of this Agreement, (ii) any breach or default on the part of the City in the performance of any of its obligations under this Agreement, (iii) any violation of contract, agreement or restriction by the City relating to the Program, or this Agreement, and (iv) any violation of law, ordinance or regulation affecting the Program or any part thereof or the ownership or occupancy or use or any property provided pursuant to the Program. 5. The City agrees to perform all administrative functions and to carry out all program activities on behalf of the Corporation in accordance with Urban Homesteading Agreement and the Program Guidelines. The activities are more particularly described below: 1) Perform any and all activities related to selection of eligible properties, including review of property lists, preparation of rehabilitation cost estimates and preparation of all communications and documents necessary to accept conveyances of selected properties to the Corporation; 2) Provide security and maintenance of units conveyed to the Corporation; 3) Advertise the program; 4) Perform all activities necessary for selection of homesteaders, including the application process, verifying information on applications and rejection and acceptance of homesteader candidates based on the applications; 5) Perform all activities necessary to matching of homesteaders with selected units; 6) Assist homesteaders in seeking property rehabilitation financing; 7) Prepare all documents and participate in all activities necessary for conveyance of property to homesteaders, including the closing of transactions and subsequent legal activities in relation thereto. 8) Monitor rehabilitation activities on each unit and perform periodic inspections; 9) Monitor homesteader compliance with program guidelines and conveyance documents and conditions; 10) Perform activities necessary to closeout of program. 6. The City agrees to bear all costs incurred by the Corporation in connection with entering into this Agreement and in connection with the participation by the Corporation in the Program. Notwithstanding anything in this Agreement to the contrary, nothing herein shall require the Corporation to expend any of its funds in connection with the performance by the Corporation of its duties under the Program or the Urban Homesteading Agreement. IN WITNESS WHEREOF.the parties hereto have made and entered into this agreement this 26th day of January 1989 in Lubbock, Texas. APPROVED AS -TO -CONTENT: D Sandy OgyAtreC Community Developm t Administrator APPROVED AS TO FORM: 44Ves P. Brewster vil Trial Attorney LUBBOCK HOUSING FINANCE CITY OF LUBBOCK By: B. C. Mc inn, Mayor