R09-091
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1 RESOLUTION NO. R09- aq t
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO EXECUTE A
6 MEMORANDUM OF AGREEMENT BETWEEN THE CITY
7 OF BOYNTON BEACH AND THE CITY OF DELRAY
8 BEACH TO SUBMIT A JOINT APPLICATION FOR THE
9 NEIGHBORHOOD ST ABILIZA TION PROGRAM 2 UNDER
10 THE AMERICAN RECOVERY AND REINVESTMENT ACT,
11 2009 IN THE AMOUNT OF $20,000,000.00; PROVIDING AND
12 EFFECTIVE DATE.
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15 WHEREAS, Congress has appropriated additional neighborhood stabilization funds for
16 the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the
17 Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes; and
18 WHEREAS, due to the thresholds for applying for funding being so stringent and in
19 order to increase the chances of obtaining funding; both the City of Boynton Beach and the
20 City of Delray Beach will submit a joint application; and
21 WHEREAS, the Memorandum of Agreement will establish the Delray Beach/Boynton
22 Beach NSP2 Consortium which will implement a "Local Housing Trust Fund" to provide first
23 and/or second mortgage assistance utilizing NSP funds; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon
25 recommendation of staff, deems it to be in the best interest of the residents and citizens of the
26 City of Boynton Beach to approve and authorize the Mayor and City Clerk to execute the
27 Memorandum of Agreement between the City of Boynton Beach and the City of Delray Beach.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. Each Whereas clause set forth above is true and correct and incorporated
31 herein by this reference.
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
2 approve and authorize the Mayor and City Clerk to execute the Memorandum of Agreement
3 between the City of Boynton Beach and the City of Delray Beach to submit a joint application
4 for the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment
5 Act, 2009 in the amount of $20,000,000.00; a copy of said Memorandum of Agreement is
6 attached hereto as Exhibit "A".
7 Section 3. That this resolution becomes effective immediately upon passage.
8 7111
9 PASSED AND ADOPTED this _ day of July, 2009.
10 CITY OF BOYNTON BEACH, FLORIDA
11 <:;--
12 "..,.-----
13 ~ ' :1 q;
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14 ,,May01e Taylor, _ ' .
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17 Vi~or -,'j90~~":' Lay. ':J
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20 Commissioner - Ronald Weiland
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22 -'- ~
23 ATTEST:
c~r - Jo JWnguez
24 m.P~ /' d~~
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26 Commissioner - Marlene Ross
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Roq-o~ 1
MEMORANDUM OF AGREEMENT
Consortium Partners for a Neighborhood Stabilization Program 2 (NSP2)
Grant Application
THIS AGREEMENT is made and entered into on this _ day of _, 2009 by and between
the City of Delray Beach, a municipal corporation organized and existing under the laws of the
State of Florida, herein referred to as the "Lead Member", and the City of Boynton Beach, a
municipal corporation organized and existing under the laws of the State of Florida, herein
referred to as the "Partner Agency" and other entities identified in Exhibit "A" (collectively
referred to as the "Consortium Partners"). The City of Delray Beach, City of Boynton Beach and
the Consortium Partners (collectively referred to as the "Consortium") agree to cooperatively
carry out the NSP2 program activities as described in the Grant Application submitted to U.S.
Department of Housing and Urban Development ("HUD") on or about July 14,2009 the terms of
which are incorporated herein by reference.
To establish and implement the NSP2 grant program activities, the Consortium Partners agree to
the following:
1. The City of Delray Beach is authorized to act in a representative capacity for all the
members of the Consortium ("Lead Member").
2. The City of Delray Beach in serving as the Lead Member will assume overall
responsibility for ensuring that the Consortium's NSP2 Program is carried out in
compliance with all NSP2 requirements.
3. Consortium funding agreements ("Funding Agreements") between the City of Delray
Beach as Lead Member or with the City of Boynton Beach as Partner Agency for and on
behalf of the Consortium Partners will be executed no later than December 1, 2009. The
Funding Agreements will describe each Consortium Partners' specific activities under
NSP2 Program, including timetables for completion, and applicable requirements in
Appendix 1 of the NSP2 Notice of Fund Availability issued by HUD on May 4, 2009.
4. The City of Delray Beach will assume all responsibility for environmental review,
decision-making, and action for proposed projects on behalf of the Consortium in
accordance with the requirements of24 CFR Part 58.
5. The Consortium Agreement specifically authorizes an internal audit function to be
performed by an internal auditor selected or appointed by the Lead Member.
6. This Agreement shall remain in effect until all NSP2 program activities are fully
executed and complete by all Consortium Partners.
The specific entities who are Consortium Partners and parties to this Memorandum of
Agreement are set forth on Exhibit "A".
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In WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first
written.
CITY OF DELRA Y BEACH
ATTEST:
By:
By:
Nelson S. McDuffie, Mayor
City Clerk
Office of the City Attorney
Approved as to form
And legal sufficiency
By:
Date:
CITY OF BOYNTON BEACH
APPROVED AS TO FORM:
By:
Name:
Title:
CITY ATTORNEY
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach CRA
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF BOYNTON BEACH
Boynton Beach CRA
By:
Name:
Title:
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CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach CDC
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF BOYNTON BEACH
Boynton Beach Faith Based CDC
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach Community Land Trust
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach Housing Authority
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Habitat for Humanity - South Palm Beach County
By:
Name:
Title:
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Exhibit" A"
CONSORTIUM PARTNERS
City of Delray Beach - Lead Member
City of Boynton Beach - Partner Agency
Delray Beach CRA -- Through the City of Delray Beach
Boynton Beach CRA - Through the City of Boynton Beach
Delray Beach CDC - Through the City of Delray Beach
Boynton Beach Faith Based CDC - Through the City of Boynton Beach
Delray Beach Community Land Trust - Through the City of Delray Beach
Delray Beach Housing Authority - Through the City of Delray Beach
Habitat for Humanity of South Palm Beach County - Through the City of Delray Beach
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