1994-12-14
i i' j
) t ,
1 I , I
1
I
,
,
I, I
~
f.
~:
\
I
.
j
,".
!:
r:
\
I,
:,
;
t
I:
I'
;
..
f
.
I
I
t
i
ri
t
I
~
ii
"
)
t
~
1',
f
~
t
tJ
,~', , ...' ~... .-.
":" .~~~.
MTG.
..
~
CITY OF ENCINIT AS
HOUSING AUTHORITY
SPECIAL l\mETING AGENDA
505 South Vulcan Avenue
Bnoinita8, C.lifo~-n~. 92024
Wednesday, Deoember 14, 1994, 6.00 P.M.
-
THB ENCIN1'1'AS HOUSING AtrmORtTY J:S AN ArJ'IlUIATXW ACTION PUBLIC BNTITY
AND DOES NOT DISCRtMlNATB ON TUB BASIS 01' RACS, COLOR, NATIONAL ORIGIN,
SEX, RELIGION, AGB OR DISABILITY IN EMPLOYlmNT OR THE PROVISION 0'
SERVICE. IN COMPLIANCE WITH TIll AHERtCJLNS WITH DISABILITIES ACT, ZJI YOU
l~BD SPECZAL ASSISTANCB TO PARTICIPATB IN THIS MEETINO, PLEAS. CO~tACT
THB CITY CLERK AT 633 - 2 601. NOTIFICATION 40 HCtJRS PRIOR '1'0 TBB MBaTING
WILL ENABLE TIlE HOUSING AUTHORI'l'Y TO MAKE REASONABLE ARRANOIDmN'l'S '1'~
INS'ORB ACCESSIBILITY TO THIS MBBTING.
IF YOU WISH TO SPEAK TO AN ITEM ON TUB AGENDA, PLEASI PILL OUT A PINK
SPEAltBR SLIP Am> HAND IT TO 'raB BOARD CLERK BIlQU 'l'HAT ITEM HAS 88m.
ANNOUNCED BY 'l'BB CHAIR. SPJWtllR SLIPS WILL NOT BB ACCEPTSD POR AN ITEM
ONCB THAT ITEM HAS BBEN lUtNOUNCED.
TO DONATE TIMB TO ANOTHER PERSON, PILL OUT A SPBAKBR SLI>> INDICATING
TUA'\' PACT. '1'BB PERSON OR PBRSONS IJONATINO 'l'DIB MOST BB PRBSEN'l' WDH TUB
SP~ER 'to WHOM 'l'HBY HAW DONA'l'lm 'lIMB IS HSARD.
)
~LL TO ORQEItROLL CALL
L.n .
COU~CILJ\1EE~
CLOSlliG AND AJlQfTI.QN OF THF~~ CI\LE.NDAR
E...YULL._BE DONE AT THE REG~AR...CIT.X
1. Approval of Minutesa 11/16/94 Special Meeting. Contact Persona
Board Clerk Pool.
STAFF RECOMMENDATION: Approve minutes.
2. Adoption of Resolution 94-1U Authorizing Exeoution of Section 8
Consolidated Ann'Jal Contributions Contract and Providing foX' a
General Depository Agreement. Contact Persona Housing Coordinator
Brown.
STAFF RECOMMENDATION: Adopt Resolution 94-10.
~D FROM TIm CONSE{ff CAL~AR BY TBE PUBLIC
w
~
ORAL COWMBNTS (MAXIKUM OF THRBE MINUTIS PER PERSON) WILL BB HEARD PROK
PEOPLE .WHO SUBMIT A 1iB1D SPIAKBR Sr,1:p TO T1IB CITY CLBRK. '1'HB LAtl.... ~.....'.
PRBCLUO'':S 'rUB BOARD FaOM TAltING ACTION UPON SUCH NON -AGBNDA ITEMS. '1'BB
ITEMS WILL BB RBl'BRRED TO '1'IIB CITY MANAGER. umL Q%
~lj 0 C ~
)JQARD..LE
Information Items -- No discussion or action to be taken
A.IU.O.lJBNMENr
-lID
I, B. Jane Pool, certify that I eau..d the above ftgenda to b. p08ted
on the City Hall bulletin board on 1994, 72 hours h.for~
the me.ting.
Board Clerk
(,;)
u
".:;~"\f
.. .-..
ASSISTANT CITY MANAGER NO'I'ES
CITY OF ENCINITAS
IIOUSIl'!S AUTHORITY
W'educsday, December 14, 1994, .,:00 P.M.
-
~LL '('0 OIIDER.BOIJI~ C^I.,L
Called to order at 6:03 P.M. All members present.
THE P;LEIJ,G:E OF ALLEGIAl'lC..Lm11, BE DQIDlAT..D.IJI REGIJ~~lTX
COUNCIL M]~E1.'1N{h
CLOSING AND ADOnION.ilF TIm CO s. CALE All
MIs to close and adopt the Consent Calendar. 5-0
1. Atm..roval o~nut881 11/16/94 Special Mettt.inqt ContA.,Q..t Persona
Boa~4 Clerk Pool~
~TAFF RECOMMENDATION: Approve minlltes.
2. Adoption of Re8o~on 94~10 ~uthori~~nq ~ecution of Section I
Consoli"ated 1..nnual Contributions Contract an.9 Providina for a
General Denositorv ~Clreement. Contaat Peraon. Houaina Coorc\inato1.'"
Brown,
STAFF RECOMMENDATION: Adopt Resolutlo" 94-10.
ITEMS REMOVED FROM THE CQ~ CALENDAR BY ~tIE PUBLIC
None.
fll{AL COMMUNICATIONS
None.
~GJlJ.,AR AGE~
J.:mMS RElVIOVED tROM rIlE CONSENT CALENDAR BY THE BOARD
None.
lJOARD I EXECUTIYE DIRECTOR REPORT
None.
AIm)..lJBNMEN[
Adjourned at 6:03 P.M.
'"
. ,
w'
I..
~
.
MiNUTES OF ENC/NITAS HorIS/NG AUTHORITY SPECIAL MEETING
NOYEk/DER 16, 1994, 6:00 P.M., SOJ SOUTJI VULCAN AVENUE
Meeting called by notice pursuant to G. c. aection 54956.
~ALlJn.
Chairperson Hane called the meeting to '=..rder at 6: 43 p, M.
Present: Chairperson Gail Hano, Board Members James Bond, John
Davis, Chuck DuVivier, and Maura Wiegand.
Absent: None.
Also Secretary Wasserman, Boa~d Attorney Krauel, Board Clerk
Pool, Assistant City Manage.l:' Benson, Community
Development Director Holder, Housing Coordinator Brown,
Senior Office Specialist Greene~
There being a quorum present, the meeting was in order.
1.
ADcroval of liinutes I ~O/19/94 $peeial lo{eet~.nQ'.
Person I City Cl ortJ>>oo 1 ,
c;':ontact;
.-)
'.,...
.cLO
*. Public hearing may not be heard if no speaker slips are turned
in.
Wiegand moved, Davis seconded to close and adopt the Consent
Calendar. Hotion carried. Ayes I Bond, Davis, DuVivier, Han~,
Wiegand, Nays I None.
STAFF RECOMMENDATION: Approve minutes.
2. *tlP~ear~ncr to Consider Amen"wqfJuta ~nistrat:ive
Rlan, Section 8 Housincr Assistance Payments ~r09'rAm ani(
Ado'Dtion of Resolution 94-09 Aoprovin9 the be~dmenta. Contact
Person:~ousincr Coordinator Brown.
STAFF RECOMMENDATION: Receive public testimony, if any,' adopt Resolution
94-09.
,.~
11/16/94 Sp. Hsg.Auth.' Page 1 Mtg. #94-
, B)l:. #1, Page
/-1
~)
',~-)
........
~)
"
11/16/94 ap. Hag. Auth, Mtg,
, None,
'rdWilllS
None.
3.
Al.li.lJ:ance PrograDl
JJ~own,
Housing Coordinator Brown stated that on July 27, 1994, the Board
approved applying for Section 8 Vouchers under the Notice of
runding Availability offered by the U.S, Department of Housing and
Urban Development (HOD). On Ootober 21, 1994, HOD notified the
Houeing Authority (ERA) that the application had been approved for
50 vouchern with an annual contract of $380,800.
Bou8inq CoorcUJw.t2E,
Ms. Brown stated four options available to the Board regarding the
selection for implementing the Section 8 Rental Assistance Program
and recommended the Board choose Option 14 which was to have the
Housing Authority contract with the City of Encinitas for a City
employee.
DuVivier moved, Wiegand seconded to choose Option #4 to have tha
Housing Authority contract with the City for a City employee.
Motion carried. Ayes I Bond, DuVi vier, Hano, Wiegand, Nays J
Davis.
~.
None.
JJOAJID I ~1CECT.J:(IVE_DJRE~~:rOR REl..QBI
None.
.
11/16/94 Sp. Hsg.Auth. Page 2 Mtg. #94-
, Bk. #1, PagEl
/-<.,
. )
, I
f)
,'.M)
......-
()
11/16/94 Sp, nag. Auth. Mtg.
Chairperson llano declared the meeting adjourned at 7:18 ~.M.
~~.
paol, Board Clark
By. athy Greene,
Senior Oftice Specialist
Gail Hano, Chairperson
, ""
11/16/94 Sp. Hsg.Auth. Page 3 Mtg. #94-
, . ,
,
, Bk. #1, Page
/-J
· ,il
..
')
',1-
HOIJSING AUTHORITY OF THE
CITY OF ENCINITAS
AGENDA REPORT
Mtstlno Date: December 14. 1994
TO:
Board of Commissioner.
VIA:
Lauren M. W...erman
Secretary of the Boa
Community Development ~q,partment
Sandra HO'c2er. Director ~ l.fJK
Lynn Brown, Housing and Grants Coor~Jnator '(f-
FROM:
~lltlU=I''1''''
~,'
Adoption of Resolution 94-10 authorizing execution of Section 8 Consolidated Annual
Contributions Contract and providing for 0 Ganoral Depogltory Agreement.
':>
lUUE&
Whether to adopt Rosolutlon 94-10 authorizing execution of Section 8 Consolidated
Annual Contributions Contract and providing for a General Depository Agr13ement.
.BA~
On July 27, 1994, the Board approved the application 'I,r Section 8 Vouchers under
the Notice of Funding Availability offered by the U.S. DElpt. of Housing and Urban
Development (HUD). On October 21, 1994, HUD notified the Housing Authority that
the application had been approved for 50 vouchers with an annual contract of
$380,800 for a five yea,- contract ($1,904,000 for five year contract).
~J.
HUe has sent the "nnual Contributions Contract. and othu,' do~umentation necessary
to execute the contract and request fund~. n6solutlGn 94.'10 authorizes the
Chairperson to e>t\3cute the Ar.nual Contrihutions Contract and the General Depository
Agreement. It also authorizes the Executive Director to file requisitions for payments
on the account of the Contract.
,,-)
The AnnueJ Contributions Contract outUnes the term of the contract (five years), the
,
cd/qlb/sr121494.hal
,,7-/
"
'"
..
I:>
,~
.mount of the contract and the purpose (hautilng assistance payments and
administrative fe~s).
The General Depository Agreement Is between the Housing Authority and the bank.
HUD elGctronlcally deposits funds to the account of the bank.
B
Revenue for the five year contract Is $1,904,000 to make housln~ assistance payment'
and for expenses of adminIstering the program of 50 Section e Vouchers. The Board
has already approved contracting with the City of Enclnltas for staffing and other
adml"'str,9tlv8 8xponses at the November 16, 1994, rneetlng.
.BIC.O.MMfJmAIJmt
Adopt Resolution 94.10 authorizing execution of Section 8 Consolidated Annual
Contributions Contract and providing for a General Depository Agreement.
,~)
.-._-,.
~<)
c~.~
-
.' '.. .. . I .
-
--
-
-
~
RESOLUTION NO. ~O
RESOLUTION AUTHORIZING EXECUTION OF SECTION 8
CONSOLIDATED ANNUAIJ CONTRIBUTIONS CONTRACT NO.CA~lS5V
AND PROVIDInG FOR A GENERAl, DEPOSITORY AGREEMENT
.
:;-3
WHEREAS, the nOUSING AUTHORITY OF TilE CITY OF ENCINITAS
(herei.n called the "Public Housing Agency") proposes (1) to enter
in~o a Section 8 Existing Housing Consolidated Annual Contributions
Contract for the Housing Voucher Program (herein called the
"Contract") with the United States of America (herein called the
"Government") I and (2) to provide for the deposit of monies
pursuant to a General Depoa.i.tory Agreement with a financial
institution which is a member of the Federal Deposit Insurance
Corporat,i.on (herein called the "Bank") 1 All with respect to any
"Project" as defined in the Contract, and which any time, now or
hereafter, is incorporated under the terms of such Contract:
)
. ,,,,oJ
BE IT RESOLVED BY THE PUBLIC HOUSING AGENCY, AS FOLLOWS:
, ,
Section-l,. The proposed Concract, designated "Consolidated Annual
Contributions Contract... Housing VouchAr Program," pursuant to the
United States HlJusing Act of 1937, as amended, conSisting of Parts
I and II, is hereby approved and accepted both as to form and
substance, and the V C . is hereby authorized
and dire'cted to execute said Contract in three counterparts on
behalf of the Public Housing Agency and to forward such executed
counterparts to the Government, together with such other documents
evidencing the approval and authorizirlg the execution thereof as
may be required by the Government.
nection .2. The General Uepository Agreement is hereby approved and
accepted both as to form' and substance and the ~
flliAlm1AN ' is hereby authorized and directed to execute said
Agreement in triplicate on behalf of the Public Housing Agency, and
the SECRETARY is hereby authori~ed and directed to impress
and attest the official seal of the Public Housing Agency on each
such counterpart and to forward two executed counterparts thereof
to the Government together wit\-} such other documents evidencing the
approval and authorizing the execution thereof as may be required
by the Government.
, .')
'--./
.~
. ~.J
.~~t..
2.
Secttori 1'. The is hereby authorized and'
directed to file with the Government from time to time as payments
are required, requisitions together with necessary supporting
documents requesting periodic payments to be made on account of the
Consolidated Annual Contributions Contract, and the proper officers
of the Public Housing Agency shall, prepare, execute and doliv'er'to
the Government said requisitions in a form prescribed by the
Government and shall accept payment the~efor f.rom the Government,
and su~h persons are authorized to do and perform all other things
and acts required to be done or performed in ordor to obtain such
p~yments, which shall be deposited and disbursed only in accordance
with the provisions of the CClnsolidated Annual Contributions
Contract.
Sect;Lon (. This Resolution shall take effect lmm')diately.
'~)
PASSED, APPROVED, and ADOPTED this 14th day of December 1994
by the followinq ,-rote:
AYES:
NAYS:
ABSEnT:
Gail llano
Chairperson of the Board
ATTEST:
Lauren M. Wasserman
Secretary
,.J
~-'I
OJ
~, f
CERTIFICATE OF RECORDING OFFICEk
I, the undersigned, the duly qual iffed and acting Secretary
of the JJwu:d..gf Commissionerel.JIQ_usinq Authority of the City of Encinitas
do hereby .certify:
1.
-
..-)
""",,,,
2. That the meeting 'was duly cOflvened and held..1n all. respects
in accordance with ,law; that to the extent requ1r~dbYlaw,
due and proper notice of 5uch meeting i~as given; that a legal
quorum was present throughout the meeting and that a legally
5uff1 c1 ent number of members of the Board ()fComm:LiaJ.oners
". . .~'r:~I,... . ".'
voted fiithe proper manner for'-adoption of said ResofUtlon;
that all other requirements And proceedings under the law '
incident to the proper adoption or p,ssage of the Resolution,
including publication, if requ1 red, have been duly fulfil Jed,
carried out, and otherwise observed; that I am author1%~d to
execute this Certificate; and that the seal affixed below
constitutp.s the official seal of the Housing Authority of
the City of Encinitas, CA
ana this Ccrti11cate is hereby executed under such offfi~
seal.
I
.......
'-)
,,1
IN WITNESS WHEREOF, I have hereunto set my hand on
this 15th day of December, 1994.
.
(Signaturel
(SEAL)
Lauren M. Wasserman
(Type Name)
Secretary of the Board
-nme)
:i.~
Consolidated
. Annual Contributions Contract
Housing Voucher Program
/'~. '. co Pal" .1
. ) nOOSING AUTUORITY OF 'flaB Cl't! OF ENCINITAS
.,~
1.1. Definitions.
A. ACC. As used in part I of this CACC. ftACe" means thc
Annual Contributions Contn1ct for each project. As used in
Patt U of this CACC. "Ace" mCQJlS the CACe.
n. CACC. Consolidated Annual Contributions Conuact,
C. Contract Authorlt)'. 1110 QIllount of conttaet authority fot
tach project is listed in nxhi~lt I or Exhibit II CJf this CACC
Part I (subjcct to reductiun in accordance. with section 1.4.D
and section 2.3 .1f this CACC).
D. Fiscal Year. The PHA Fiscai Year.
,
E. IIUD. U.S. Dcparunent of HOll~ing and Urban Devclopment.
F. PHA. Public Housing Agency.
G. Program. The PHA's Hou3ing Voucher Program under the
CACC.
II. Program ExpeQIJUures. Amounts which may be charged
against Program Receipts In acr,ont.,nc.e with the CACC and
IflID requiNmcnts.
I. Ptoaram Receipts. Amounts paid by MUD to the PHA Cor the
") Hnusing Voucher Program. Md any other amounts received by
the PHA in conncr.tion with the Program.
J. Project. A fundtnS increment Cor the Ptogram.
1.2. Housing Voucher Program.
A. Projects bi Program. 111e projects in the program arc listed in
Exhibit I and Exhibit II of this CACC Pan I. (list all new
projects in CACC Exhibit II.)
n. PHA Fiscal Year. "the Fiscal Year Cor the Program shull be
the 12-month period cnding June 30 of
each calendar year, (Insen the day and month used as the
Fiscal Year ending date Cor other section 8 assistance
administered by the PHA under an ACC With HUD.)
.:J
1.3. Term.
A. TIle initial term oC the ACC for each project shall be a term or
five years llcginning on the eCfectivc date or thc Ace for the
project.
D. The first date and last date or ,he ACC tenn (or each project is
Slated in Exhibit I or Exhibit II,
C. The first date oC the ACC term for dlc project shall be a dllte as
dctennined by HUD.
D. If the first or last datc o( thu ACC ler~ Cor the project is not
entered before thc CACC is signed by the PHA. the date may
--
V.S. D.par.mtna ." Hou,,'ng
Itnd U'~.n D,v'''Qpment
Office of Uoullna
...
,r
CA1SSV
be entered subsequently by liUD, upon written notice by HUD
to the PHA.
E. HUD may revise Exhibit I or Exhibit II at any time, upon
wrinen notice by HUD to the PHA. to remo\'c a project for
which the ACe lenn has expired.
F. Tho Initial ACC tern, for any project may be extended by
written agreemcnt of the PHA and 11UD.
1.4. Annual Contribution.
A. Pnyment. HUD shall pay the PHA ennunl conuibutlons for
tho Propam in accordance with HUn regulations and
.equiremenlS.
D. Amount and rurpose fJr nUD Paymtnls.
1. The annual contribution for the Program during a Fiscal
Year shall be the sum of the amounts paid for euch of. ihc
projects in the program. The HUD annual contribution for t.t.e
Program shall be the amount approved by HlJi) Cor each Fiscal
Year to cover:
a. -1110 amount of housing assistance payments by the
PHA.
b. The amounr of PHA fecs for Program
administralion.
1. The amount of the HUD anuual conlribution may be
rel.luced. as detcnnined by HUD. by the amount of Program
Receipts (such a3 interest income) other than the MUD annua,
contribution.
C. Maximum Payments tor Progra~. .;" . ',.,\,
1. Annual Limit on Payments for Program. Exc-:Pl Co
payments from. the CACe reserve account' as provldcd it
section 1.4.E oC this CACC. the HUD annual contribution Cor:
project under section 1.4.8 during alae Fiscal Year shall not b
morc than ihe contract authority (or thc projcct. The smouni 0
contracl authority reservcd Cor cach project in thft Program i
stated in Exhibit I and II of this' CACC Part I (subject tl
reduction in accordance. with section 1.4.0 end section 2.3 c
this CACC). . .
2. Limit on Total Pay':.~nts'ro.. Project Outing CAC(
Term. Th~ total of HUll payments under seclion 1.4.8 for
projcct over the term oC the CACC Cor the project (includin
any payments from the CACC rcserve account as provided i
section 1.4.E. but not including any paymcnts under secrio
1.4.F) shall not be more thar. fivc times the contract aulhorh
(or the project.
D. Reduction of Amount Payable. HUD meay reduce til~ anlOW
payable by HUD for any project or far the program. and RlO
reduce thc amount of the conO'act aUlhority for any project. t
giving thc PHA written notice of reduction in accordance wit
scction 2.3 of this CACC. The notic:e by HUD may include
page 1 0: 4 pages
,7-,.
fOOT! HUD-S2520-0 (119'
ref. handbc oks 7420,3 & 7420
t.l,
Slgn;Au.iros:
-....
Name of P~iII"'lno Aotnc.y :
DOUSING ~.UTUORITY OF TUE CIn OF RNCIHITAS
· SIp... & DaM IIgAM :
btJ:
, t
....-..- -.....
o
" fQvlsion of Exhibit I or If to $'~CO U,e reductJon in the amount
of C~~tnlCl ...thorhy for It proJCA:1.
E. CACCRe,erv,Aceounl.. ^ CACC r~$CfVC; ~cc:oun& shall bo
~s&ab(lshed .. Md. malncalncd." by'. HUD, .In . an amount as
dct"",'ncd by HUD. 1110 CACC rcseeveaccount may be u~.tJ
t,y HUD for payment of lilY ponJon of &he payment alpploved
by JiUD undersecdon 1,4.0 fllr 1."0 Fascal YeM.
~ l
F. Por'abUII, Procedures: Fees onlecelvlng rHA. In adlndoR
co me maximum payments unQ,.- ~don 1.4.C. Including
payments from Ihe CACC rC$ff'O account under s;ecdon
1.4.8, HUD may .ppove .dtiIlJon~ ~ayments CO the PUA for
tho purpose or payi"s fees co IRottler PI fA acdng as receiving
PHA in acconlan::o willi UUD ponahlUty procedures.
G. Separate ACe. HUD's commitment to make payments (or
each (W'Ojecc Ustcd in exhibit If :lltaU constJlute a separale
ACe.
PU~lIc I fOUling Agencv
"").
i', I:,...
Prine or I'fPe 'at f\IIM and olAd., Ide 01 Itgna~' :
GalJ. Hano
Chairperson of the Board
.
U;altod State. 01 Amorlca
.L 1 r _
Secr3lary of HO'lSlng end Urban OQvolopmont
SIGna"". & ClIe I~ntd :
by~
PMt or 'Y~ .,. f'lLl1t and offtdal Ide 01 IJgnalOfY :
,'0
-
-
page 2 01 4 pages
lorm HUO.S2S:
.:1
.;.: -
,
I.S. CACC.
1 ,. , . _
A. 11'0 CACC; CQn$ift3 ~"Iills CACC Par, I (tneluding ~hil
and 1I>1.md tho (orm ACe Pall n prescribed by HUt), (0
HouslnsCenlficate ProAram and tile Houshlg Vo,
Program. dC$ignawd as (orm ffi JO S2S20,E, and da\e(! JaI'
1990. These documents COI\SlJtUlC lhe whole CACC fo
ProRTam.
J'
D. n,ls CACC ~u~rsedes any previous Annual Conlribul
Contrac' for u,~ .>rojccts or Proanun. Matters reladn
opetatlon:J( tho projects or Progt\\m undu a prevlQus An
Ccntribudons Contract shall be nO'Icmed b~ lIds CACC.
* and Exhibit III, ilyrd Aaendment
Avard Clause"
-
-
--
.'--
"-- -
.-
'1_-
;t-7
'te, t
l'I;,J
.,~.-;~
'li~ '
~. .
:'l.t, ~
'.
~l~
';:.'J
~.'~, ."
:.~~:
,.
"
" I
,
City of Encinitas
Ace Part I Number: CAlSS V'
..A
.~>. l
0....,'
". ,~.' 'f,'
\.'-
EXHl~BIT I
-
PROJECT
NUMBER
CONTRACT
AUTHORITY
FIRST DATE
OF tERM
lAST DATE
OF TERM
* HOT APPlJCABLE *
-
t.;.~,
1_,,:J
UNITED STATES OF AMERICA
Secretary of Housing and Urban Develo~ent
Date signed
Exhibit I: Page -1- of -!- pages.
..8
HUD 525200 (1/90)
~"B
; '~/'
. ! ~ ..
, '
. ~ . .
};"~:'~'.''':' .
y ~ City of Encini~as
. ~. .. . ,.
EXHIBIT 11
PROJECT
NUMBER
CONTRACT
AUTHORITY
CA16-V155-001
$380.800
:)
UNITED STATES ~F AMERICA
Secretary of Housi'ng and Urban Development
Date signed
Exhibit 11: Page -!- of -!- pages.
J~""-'
"
\ '
;!I
V~
',.I .
',':,J': ~ I
.:
Ace Part 1 Number: ~V
FIRST DATE
OF TERM
LAST OA TE
OF TERM
MUD 525200 (1/9U)
~"7
, .
"
..1/~;--..":,....._...;...,........lt,"'I'~'''''''';".,,,.'.\~~O~-T T. AI" !~ t. t 'r'.:!"":'~!" '
, ,...'.l ',,<../,;,.,..... ..,j..",:;.:....;';!,.;'
. 1 · .
.. .'-'
,
'. .
fj
.".
~)
"
\J
EXHIBIT III
BYRD AMENDMENT AWARD CLAUSE
1.
", " "'.
, .,::",' ,',," J' . . .... . . ," ' ; . ' ,
Limitatioos"on :fJa.Ylltents, made to .. influence certain Federal contrac'ting
and financial transactions. The restrictions described in this clause
are set forth i041 U.S:C:-fiI352 and OMS Interim Final Guidance at 54
FR 52306et seq,(December 20. lS89).
".'::','...',:m/<."", ,\'<:,>""::';~f~'.:"",;,, ,,,,".
General'd:.rohib1tion. No appropriated funds may be used by a recipient
ofa,fE!deralcontract, grant, loan, or cooperative agreement tc pay any
person 'for influencing, or attempting to influence, Executive or ' ','
legislative branch personnel in connection with the award of any Federal
contract, the making of any Federal grant or loan. or th~ entering into
of any cooperative agreement. Exceptions to this prohibition ar.e described
in OMB Interim Final Guidance. fi .200(a) and (b). .205, .300.
1-" .:..... ~ r-
.~:,'..(,-,:.,~"o;ff~'?r~: .":.: .~ { . " -: .
Cert1fications~ ,Any person who requests or receives a Federal contract.
grant.\or cooperative agreement exceeding $100,000" or a. Fed~ral loan
exceedfng ~150,OOO must file a certification that the person has not made.
and will not make. any prohibited payment from appropriated funds.
2.
3.
.: ... .'
4. Statements~'Any person 'who requests or receives a conuni tment to
guarantee or insure a loan exceeding $150,000. must file a,statement that
the person will file a disclosure form (SF-lll) if the person has made.
or tlillmakc, any payment to influence. or attempt to influence. any
Executive or legislative branch personnel in,connect10n with that loan
insurance or guarantee. ,
.......:1
5. U1sclosJfe. Every person who requests or' receives a Federal contract.
grant. or cooperative agreement exceeding $100.000qr'a Federal loan, loan
guarantee or loan insurance exceeding,~~150.000. must d,isclose (on SF-lLL)
any payments made" or agreement to make any payment. from nonappropri.ated
funds for the purpose of influencing. or attempting to influence. any
Executive or legislative branch personnel in connection with the contract.
. grant. cooperative agreement, loan, loan :r.surance. or loan guarantee.
Exceptionr. to this disc.losure requirement are described in O~lB Interim
Final Guidance. fi .210, ~ .300(b). A new disclosure form must be
filed:
a. at the end of each calendar quarter in which a paynlcnt.
or an agreement to make a payment, is m~de which would
have otherwise required reporting the time of
application; and
if an event oc':urs duri"g a c:a 1 endar quarter whi ch
materially affects the accuracy of information reported
on a disclosure fonm submitted preViously.
. .
~
.
b.
.2 -/0
_Jc_" j....". .,-
~. .
r~
~,"',~~,~
, 6.
7.
(~)
..,.
,.......,
'0
" ,
.; ,.,~. ."
, .
( !
2
;i ';"1
: ',", ".,11' ::"'" ,.' ' ' '
Subcontr~tt~~s\'andsubreci. ients; .. Recipients must .inform subcalltracto~s
and subreci p ents of,. the requi rements for f11 i n9, retent.io", and
forwarding of certifications, statements, and disclosure foms to the next
tier: above the submitter. These procedures are described in OMS Interim
Final G~~dance. fi .110(d) and (e). ' .
"".' " "
''":';'''''/ ,,' <" " ,:; :,' :, ,',
Penalt1es..;!,D1sclosure data will be subject to public scrutiny 'and will
be submitted to Congress for review. ,See OMB Interim Final Guidance.
~ .600(a) and, (b). Any person who makes a prohibited e~penditure or
who fails to submit or amend a disclosure fonn. when requiredtis subject
to a civil penalty of not less than $10,000 and not more that $100.000 for
each such expenditure or failure. See OMS Interim Final Guidance,
~_.400(a) and (b). Violations of t6i law will be reported to Congress.
~ O~1B Interim Final Guidance. ~ ..605(a) and (d).
t
.' .
.21/
.' ::" .........".. "'''~ ....;, ..... -- ..:+ 1.;...,..-.-.....--......
. ., of. '.~ ._.. l .
c~'nfJ'andatecl: ~~. =~3:',:,:~::::fng
AnnLial,Contributlons Contract OIfioe 01 Housing
H~using'C~rtificate Program and Housing Voucher"Program
o f.CC Partn'
tW.J))
~~~~,
~~
qr
'CA1SSV
___.__,__ HOUSING AUTHORITY_OF TOE CITY OF ENCI~IT6S. '. ; ," . ~'
2,1. HUD Requirements, B. Thcnoti~"bY HUDIO th~PHA' stu.U.~tat~.anY,~~~on.~'
A. The' PHA. agrees tu comply. und shall require owners to pursuant to s~tlon, 2.3./~, oC the '^CC. in the 'amOunt or the
comply. with the requirements of the U.S. Housing Act of annual conmbutlonpayabte ror, any. projec~ or. r~r If-c
1937 and. all applicable HUD regulations and other Program. and ~haUstate any reduction in. the.,amou.~t ~of
requirements. including any amendments or changes in the contnlCl a~thonty r<:-liCrved by fRJJ? for a Project. The not1~ '
Act or HUD requirements. may sJlCl~lfy a, rcv!$ed unit distribution. MUD notice of
reduction or revision' shall constitute an amendment of the
D. The PHA sholl comply with iLc; fllJO.apprnvcd ndministrntivc ACe. Howcver. HUD shall not reduce tilC mnount or annual
plnn. equal opportunity hnusing plan ond HUO.approvcd contribution payable by HUD for any project or Cor the
upplicatiuns f"r the Programs. program. and shall nOl reduce the amount of connct authority
C. 'The PitA shall use the forms required by HUD. reserved by HUD for a project. below the al1!ounc.. as
. ' , .' dctemlined by HUD. necessary for dwelling uollS under
D. ",e PUA shall pmct"~d expeditiously With the Programs contracts for housing assistance payments with uwners on the
under this ACC. dale when the PHA receives the HUD noticc.
2.2. Annu~l ~ontrib~tiu!,.:,
A. The PHA.$hall submit to HdOcueh Fiscal Year an estimate of
the unm~..l co;tributionrequircd fur the Progrunl!;. . rhe annual
cnntrihutinn estimatc. und suppurting data fut the c.~limute.
shall he submitted at such time und in $uch furm a__ BUD may
require. and ure subject to' HUD appruval and rcvision.
,..;..... ",
U. The PHA wUlnnl'uhddun pcrimlic ,)aymenl~ on account ur
euch annual contribution. The r':quisition !'hall he in the ronn
prc."cril\ed by "UD. Each requisition shall includc
certification by thu PHA that:
1. Housing ns!\isuUlce payments havc heen made in
accordance whh conuacL~ In the Conn rrc5Crihcd hy HUO and
in ucc()rdance with HUD rcquirc:mr.nL..: and
2. . Unit~ have ttOen inspected by thc l'lIA in accordance
with BUD fC(IUUemenL...
<:. II' lIUD. d~tcr~linc.c; t~ll~ pilyments by flUO tn the PIIA for a
Fiscal V c.v elceed' the lunount uf the :lOn"ul contribution
approved by BUD fnr the F,iscnl Year. thc e~ccs... shull be
nrplicd n.~' dctennined by HUn. Such ap'llication~ determined
by HUO lOay include, but are not limited tu. upplicauon of the
exce5S p~lymcnt against the amlfunt of the annual. contribution
for u suhsequent Fiscul Venr, The PHA shall take any action5
rccluired by HUD respecting the excess paymen~ and shall.
upon demand by HUD. promptly remit the excess payment to
nUD.
, '.
2.3. Reduction in Annual Contribution
Payable by HUD.
A. Upon written notice by HUD to the PHA. HUO may reduce to
an amount determined by HUD the amount of the annum
contribution payable fur any projcctor for tbe Program. and
. mny reduce to an amount determined by HUD the contrutt
"uthority reserved by HUD for uny pruject included in the
l)rogrum. if HUD dctrmtines that the PHA has fuiled 10
. comply with .my obligatiun5 under thc ACe.
-
2.4. Use of Program Receipts.
A. The "HAshall use Program Receipts to provide decent. safe
and mmitary ho,,~illg for eligible Camille... in complhmce with
the U.S. Itomdnlt Act "r 19)7 and all HUD rcquircmcnl,
Pmgnun, IteceipL\ m:t)' unly be used to pay Prognuu
Exponditure:\.
D. The PitA shull oat'makc uny Program EXpCnditurcs except it
accordatnce with th-: annual contribution cstinlatc mu
sUPlXlning dut3 for 51.ch estimate as approved by HUD.
c. nll~ PHA shall maintain an Operating Reserve account.th:1
shall be c:~ditcd with the wnount by which the IOtalo
alltninit\tn\tive foc!' earned and int<<csl, earned on th.
OllCmlin, Reserve ~lCCed PHA administrative. eJtpense
(hring n Ilscal Yc.'U, In sub, ~uenl years. the PHA must us
lund." in tl c Opcruting Reser .c to pay administrativc cxpcl\Sl
in cxces.-. or Prop rum R..ceipts. Notwithstanding th
provi$i()n~ uf scctit'n 2.4.A. if there remain funds in tt
Opcruting Jtc.~crvc. thc PitA may usc such funds for oth,
housing purposes consistent with State and local la\
However, HUD may prohibit use of Cunds in the Opcrntir,
Reserve for other housing PUrpo5CS if the PHA is n'
adequately administering iL.. Housing Certificate Programl
its Housing Voucher Program or has faUed to comply with al
of its obligations u!\der the ACe.
2.5. Books of Account and Records; Reports,
A. The PHA shall maintain complete and accurate OOoks
acc:ounl and records for the Program. The book... and recur
shAll be in accordance witb HUn requirements, and sh
permit a speedy and errectiv,~ &udiL
n. "le PIIA sball furnish HUI) such financial. operating. u
$Ulti...tical repart.ll. n:cards. statements, and documents at 5\:
times. in such farm. and accompanied by tiuch supporting d
us required by HlJD.
Plge 1 of 3
fann HUo.S2UO.F. (1
r.f. hancltook 7.:
.)., /.(.,
..
."),
" :;.'l;~)/\;A'" \~""::it:..;C; ,
. ;i>
.: ,'::" <:<<:,.",~...JJ)\lj~~,tfTt'~'1.}-t.'r'~(",;'~':':,~", ":,',"'. . " . ....
ag&inst handi~Pc=d persons ~ho would othcrwW quaUfy to
~ipa~'in, &bC':PiOsram :8nd. where applicable. the Age
Oiscrimln1it1On Act" of 1975" as am:eaded. which prohibits
dlsai~inatioft on~e buis oC Igc.
Unwl!d parcnts,.Camilies with children born OUl uf wedlock,
and ~cipients or public assistance shall not be elcluded from
participation in or be denied Ihe benefit of the Program
because of s~h status.
.~ o.
,~.~,).
'"'''.....,;i
<.J
2.10. Equal ~lnPI~~~ell!~p'portun~ty.
A. 1110 PHA,' sh~L ~~td~scri!1'inatc ,against any employee '. or
applicant' (or,:,.~mp~oyment, be.cause. of race, ,color" c:~
reUgion.scx~IUi.'~liCnp'or national origin. The PHA shill take
arrarmatiy~ QCtl~l' 1,0. ~Rsijrc Ihat appliCants are employed. and
that employee.iare uc:a~durin.R employment, without regard
to mee. colo,r, ~ced. rcligion.:~. handicap or national origin.
Such action shall include. but not be limited to. the rollowing:
employment. upgrading, demotion. or tral\sfer; recruiUnenl or
rcc:naiunenl advertising: layofC or termination: rates or payor
other . rorms or compensation; and selection for training.
including apprenticeship.
, ,
D. 111e PH^ agree.-; to po5l incnn.4ipicuotl!C pluc:c:c. avuilable to
cmploycc~ and UppUCUIUS Jor"employment.' notices to be:
provided by HUD ,setting rortll' the. provisions or this
nondiscriminution clriu.,c. The PHA will in all ftOUcitation3 or
advenlsements ror. employees placed by or on behalr of the
PHA state that 'aU qualified ,appUcants.' will receive
consideration for employment' without regard. to 'race, . color,
creed, religion, sex, handicap or national origin. The PHA
wiD incorporate the foregoing requitclllenLS oC this paragraph
ir., aU of its contracts fOt project worle, elcept contraCts for
standard commercial supplies or raw matcrlals. and wUl
require all of its contractors for such work to incorporate such
requirements in all subcontracts ror project work.
,
2.11. Training. Employment. and Contracting
Opportunities for Business and Lower Income
Persons.,
, '
The PHA shall comply with ~cction. J :01 the Housing and
Urban Development Act of 1968 and MUD regulations. To
,the greatest eltent feasible, employment and training
opponunities in connection with. planning · and carrying out
any project ossL~ted under the Program shl'U be given to lower
income persons residing within the unit 01 local government
or the metropolitan area (or' nonmetropolitan county), as
decennined by HUD. in which the project is located. and
contraCts for work to be performed in connection with ony
project shan be awarded to business fums which arc l~.tcd in
or owned in sut.tantial part by persons residing in the 1&'11C
mecropolitan area (or nonmctlOpolitan county) as the projecL
.~ ," ..
2.12. coo~rati~niri"EqUal Opportunity ·
Com'plian~e.' R~vie"8.. .','
The PHAshall'cooperatc with.HUn in coqducting
compUance reviews and complaint investigidons pursuant to .
awlicablc civU rights statutes, Executive Orders. and relaced
Nles and regulations.
2.13. ConDiel of Irlterest ,P~~,vi.sions.
A. Neither die' PHA nor:, any 'of its' contractors or their
subconUactors shall. en~l in~'iny contract, subcontract. or
arrangemeill. in conneclion ",ith the Program in which any of
the CoUowingclasses oC. penons has an interest, direct or
inducct, during tenw-c or for one year thereafter.
1. Any prescn~ "r fonner member or officer of the PHA
(except a tenant commissioner)..,' .',
1. Any.employee ofdle PHA who formulates pulicy or
who inRucnces decisions with respect to the Program. '
3. Any public official. member or a governing body, or
State or' local legislator who exercises functions or
responsibUities with respect to the Progmn.
D. Any members or the classes described in p31'3graph A nlUsr
disclose' their interest or prmpcctive interest to the PHA and
HUD.
C. The requirements or section 2. I 3.A may be waived by BUD
ror good causc.,. No person lO whom a waiver is granted shall
be pennittcd (in the capacity as member of a class described in
seclion 2. t3.A) to exercise rcspondbiUties or (unctions with
respect to a contmct Cor. housing assistJUlce payments
exccuted. or to be executed, on his Of her behalr. or with
rapect to a contract for housing assistance payments to which
this person is a party.
D. The provisions or section 2.13.A. seelion 2.13.B and section
2.13.C shall not be applicable to the Dcposiwy Agreement, or
to utility service the rutes for which are filed or conuoUcd by
a governmenta1agency.
2.14. Interest of Member of or Delegate to Congress.
No member of or delegate to the Congress of the U"l!~ States
of America or resident commissioner shall be adm, ~ ~d to OR)'
share or pan of this ACe or to any benefits whie'. r...ay arise
Crom it.
2.15. Exclusion of Third Party Rights.
r
Notbing in the Ace shall be constrUed as creating any right 0
any third pany to enCorte any provision of this ACe, or t(
wert any claim Bgainst HUD or the PHA under this ACC.
.
Pili 3 of 3
farm HUN"ao.
2-/3
.... .~
u.s. Departm.nt of Houlang
and Urban Dlv.lopm.nt
Offtce of Public and Indian Housing
.
General Depository
.,..,Agreement
This Agreement, entered into this
day of
.... -
, 19 by and between the
ROUSING AUTDORITY OF THE CITY OF ENCINITAS
(herein called tbe "PHA/lHAIt), a duly organized and existing public bod.: corporate and poUtic of the
-,.,
of
and
(herein called the "D~positorylt), located at
; ,'\':" " , ".",' " ":,;;i',,,.'> ;,:,,',Accounts"
(herein the "AccounlS")./\ny pOnlon oC PHA/lHA FUNSs' not lnsured
by a Federal Insuran~ organb:ation' 'shall be fuliy. (100" land condnu.
ously~ol1ateralized ,with spccUic and ,identifiable u:s~. Govemmcnt'or
Agency securities pCCscnbcd by, 000. Such securities ~hall be pledied
and set a,,,ide In accordMce with applicable law or F:ederalregulations.
l1le PHNlHA shall havepos.scssion oCthe securities (ortbePHAIIHA
will take possessionoC the securities) or an independent custodian (or
an independent third party) holds the securities on behalf oC &he PH^,
'. IHA 1l~ a bailee (evidenced by safe keeping receipt and a wriucn
bailment for hire contract) and will be maintained for the full term oC
deposit. The Depository may substitute other securities as collateral to
equal or increase the value. lfPHAIIHA is an agency oC an Indian tribe,
the collateral ~hall be in United Slates bonds and otherwise as may be
prescribed ror public Cunds by the United States Secretary of the
Treasury. '
3. Except os staled in Paragraph S, the Depository shall honor any
(a) check or other Older to pay from the Accounts, or (b) directive to
, purchase Invcstmclltsccurillcs with monics Crom the Accounts or to sell'
') securities, if such order or directive is in writing and signed on behalf
'-../ oC the PHAJlHA by an omcer or member designated by resolution or
the Board oCDireclOtS of the PHAIIHA to bavesuch authority. Toassist
the Depository in its obligation, the PHA/lHA shall furnish the Deposi-
tory with a certified copy of the resolution.
Form HUO.52000 and prevloUI edlionl ", lhla form are obsolet..
.
.;-/'1
1. -..................__,..u..:,1.J"~'
tonn HUo.S1'. (8111
_. u................,.. '
'.t. '"'t.
Witnesseth:
Whereas. the Deparunenl of Housing or.d Urban Development (herdn called "HUD") has entered into one or mor" contracts (herein called
the "Contract" with the.PIIAIlHA Cor the purpose of providing ranancial assisW\CC to cW!clop and opcmtc lower income housing projects, as
authorized by the United States Housing Act of 1937.8$ amended (42 use 1437, ct scq.); and
Whereas, under the teRnS of the Contract the PHNIHA is required to select as depositories of itS Cunds financial institutions whose
deposits or 3ccounts are insured by either - the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund
as long as this Agreement is in force and CrCCCL
Now Therefore. in ecnsidemdon of the mutual COVCNmts hezcinalcer set fonh. tho ~~ h~~ ~ as r~l~: ,',
,,', , __.'.."~r',':;,~~:.t;J~,,~.,:,,, ..,\:', '~"'_' "., J ..' ~."" "
. 1. Tne d~posits and accounts of the ~pository shall continue to be 4. Any seclUi~ ~V~,,~~m th~ ~~:Ot pwdlased by tlac
Insured by either - the Federal DepoSlt tnsuranCt. Corporation or the DcposittBy withmoni~ from the Accounts shall bo considered to be a
,.,....)NBtiOnal Credit Union Share Insurance Fund. panoftt.eACcOUinslJid~beheldbylheDepositoryinsare.keeping ,
" .,.' 2. All monics deposited by the PHAIlHA wilh the Depository shall fotthePHAIIHA'AAd!~I,cL, ~~~onsuchsecuridcaand daeprocecds
!M' credited I? lhe PHA/lHA i,n a scparale interest bearing deposit or rJQlll the ~,~=:~I~~.~i~:~ Ibe ~t upon 1eCCipt. .
IntCfCst bearing accounts. designated 5. If tho Dc~itory,rec:eivedwriuen nodccUiom HUD that no
withdrawals by ~P,~~, fro!" the Ac~unts.8ic to be permitted.
the Depository ~l ,~,~ hon~8J?Y ~.~eck ()rot!a~~er to pay from the
Accounts or' directivo ,to. pUl'Chaso'or seU' ~~~cs. or permit any
withdrawals by.the ~HAIIHA from said Acc.ounuuntil the Ikpositof)'
is authorized to 40. S() by~t~,n~tice CromHUD. , ,;,
., , ,"':' i ' )'I~;:';f'~~.~i".t~i:'~~.-,;:,~.'~::.v:;,~,'~~,,'~"l, :.tr:'~~';",,;" " ;', <'!.;/"t;:i":-,~ ,,);.<>;, :':,) ".' "',~ ,:'1' ~~:: , ," " "i
6. The Dcpo,sito,rj'is not obligaied to be Camiliar. and shall not be )"
charged. ~ith knOwledge of the prOv~i~ns uflheconuact. and shall be ':'
under no duty to inves~plC or dCtcnnincwhether any ,action taken b) ';'
ei~ the PI~HA~:~in res~t' of the,Accountsareconsisten",:;
With or are authodz~J by th~ Contract or whether either PHNlHA 01 ':
HUD is in deCaultundcrthe provlsionsoCtheContracL The DepositoI' "
shall be Cully justified in accepting and acting on. without invcstigallo~ .
any cenificatcornollce furnished to it pumwtuo the provisions ofthi: '
Agreementond which the Depository shall in good faith believe to hav.
bcenduly authorb.cd andexecutcd on behalfoflhepany in whose nomt
the same purportS to have been mode or executed.
7. The rights and duties of the Deposhn:y under this Agreemen
shall not be transfcned or assigned by the Depository without the prio
written approval of the PHAIIHA and HUD. This Agreement may l>
tcnninatcd by either pany hereto upon thirty days' written notice to th,
other party. and HUD. The rights and dudes of the Depositor
hereunder shall not be transCerred or assigned nor shall this AgrcemCll
be leIminaled durinsany period in which the Depository is ~ui~ed II
reCuse to pcnnit withdrawali from the AccounLt IS provided ~n P...-a
graph S.
(4t) In Witness Whert.t .f, the PHAIlHA and the Depository have caused this AgaumentlO be executed in thelt re...pt:euve names and thei
'n respective seal 10 be impressed hereon and attested as or the date a:\d year filst above written.
,. ~'. . . ,"
. . ~, ~
.(, .'-....,.. '.
... ,1 i..
" ,~'
";1.,".
'_;. '4'
,'",':' .;
,""-.
"';',
. " ~." .';....'..:. ':, ::~;.: :!r;:-,>,~ :"-:1:'-~": ::!; ,i~",:" _ . : . ,', ~l i. .:' t :\-,..:<' ';' ": " .
, ,,8. 'Ht1I)I;' iRtendcd 10 boa lhiRI party bcneficlaryoCdUs Agreement
; , ,ancl'iilaysuc~~(orce its prOvbl~nsand to ~vcrcla.lU.ges for failure
, ~ to caiiY out lIS terins" · · ,.." '.,", ,'/ .:
~ ..,...I;..,.\~ /;',',' , ..i;","" :.,>'.:,:!";:",,.;';';:;;;~!~..~;:' ,:
~ '.~';' '.'The DePositorY shall promptly notify the PHA/lHA of crediting
or deplsiting or anymonics in the AccoUnts... ,
. ~\.:_,'i. ':~~'~:,,:>"', ",~.,. -~:. " ",,:':.;..,:~}:,:~:,1tj,-~,:.\ >. ,i, i j
10. The provisions althis Agrccil,lent mny'ilot be modified by'(\ither
Party without rhe prior Written apprqval or HUD. '. '~ :. ,
. I .', ' . ','~ , ,'. '_' . .,:,y",'...~~..',~!~', .',' ',' ,.'. . ~ ,'\\" .
11. , PrevioUs Oe~era1 Dcposicory~r Savings DcposltoryAgrce-
ments. ICnny. entered inco between the pepository and .the PHAJIHA
arc hcrcby'tenninatcd and all monies undsccuritiesorthcPIWIHA ,.on
deposit with or held by the, DepositorieS 'pursUant, to. the terms of said
AgfCemcnt shall continue to be held for account or the PHA/lHA
pursuant to and in accordance. with Ole provisions oC this Agreement.
12. A~ no time' shall' th~;PIWlHA' Funds in tho Accounts ;~J
pcrm~Ucd to ex~ccd the imount instUed by Fedcrll deposit insurance
(herein 011) "Insured Amount''). At illy such time as theamountoCfunds
in tfle Ar.counL~ reach the Insured Amount. whether by the ~ of
intereSt or otherwise, the Depository :ah:all promptly. as directed by the
PHNlHA, and in an amount sufficient co limit the Cunds In the
Accounts to thelnswed Amount. either. (a) remit payment to thePHAI
IRA or, (b) on behalC of the PliAJIHA. purchase securities approved
ror investment by the PHAIlHA. Such securities shall not be
consid~ to be n pan o( the Account pursuant to Paragraph 4 hereof
,
(SEAL)
ATl'EST:
-~
Secretary
(SEAL)
A TrEST:
Note: Strike paragraphs J 1 and 12 iC not applicable.
o
. h.
;\
.,,' . 4'
" ,(
. . .'
,i~",'.~~:'::
i:;:\ ,::~;~$,l
~...,
_,..,_ " .~ .,.... ,'., ",' ~.t.h~:~t
bUl ahaIl be held by the Depository as CUS&Odian or Iiustce ror &hePH.A' , '
ilIA In, a sopantc "account established for ta\at putposC by d,",
Depository (liercin tho "Securities Account"). TheSecuridcs Accow '
shall be dcsil~ted:
,~'/. ;': . '.'
"
"
..;!
'}
'" "),.:,,,,;~, '.: 'e, ," .,.":' '. ",.:,!:~ \ ,X:. : ,:", ):;'j;e""; ., 1
Ir,con\(~'otodiet; rOCctds crOm!iecuri~ej hc\lt\in ahc'SecurltiesAccoui :.:'
""""''''_~''''~.'''P ",.""',,'~' ,J',~" . ,,''''::,", ,'."::,~..~.,IJ ".,.'....;';,',", .',.."t"'~':"'-l;',..',':"':
,shaU~aS ,dirCCtCdb~,~~P~AlIHA~ ~p'o~l ~lpt;.I?CR~rt ~ ,or9~,~.".,~
of the PHAlIHA; provided. howevC'~.tha( such pRJceeosshall. to tt\"
ext~llC'c)#SiS~!~d.i~iso wJth'~e provtsio.w'or~~~~#aB#ph~ ~;:
deposlaed In,:~.A~9unlS.,\lr the Depo~ltory~~~es wn,~~n n~~c),
from H1JJ>, pursuant to })aragrap~, S h~f that nC) '~lth~~als by at. ' '
PHA4HArro~ the Accounts ~to be pcnnll~; ~&C Depository, ~
not honor any d1rcctlve from Ihe PHAJlHA to Sell securities, or penn .
any withdraw. by tho PHA/lHA, Crom the Securitilis Account until d:
Depository is auth~zed to do so by written notice. f:om HUD. Durir. '
the penden~y or such restrictions on the Accounts and the SccUriti. ..
Account. the DepositorY. except as dltetted in writing by HUD. she
not remit any payment to .be PHAIlHA Cor 'the purpose or limiting tI '
amount or Cunds In the Account CO the lRS'JI'Cd Amount butshallinstc;
purchasesecuritics approved Cor investment by the PHA/lHA and ho
such SCC\\ritics in the Securities Account.
( Fot use only l:l certain Sll\tes that have statutes that prohibit Publ
Housing Agencies and Indian Housh.g Authorities from implementil
pmgraph 2.)
HOUSING A!n1l0RITY or TIlE CITY OF ENCINITAS
- ~...
PHA/lHA
By.
Chairman
Depository
By
",.,.
-ii/~
..R
,', ". .' ~ '. ,
form HUD:. .
~ ;":,j ~'W1c4 "'~.<<V~'.l' i ',-.:7 ~/\_..". '. :,,~,~....~. ',. ,- "':;"~~- '\t>~,i ".'