HomeMy WebLinkAboutMemorandum of Agreement to Purchase Ada County Housing Authority $1 Housing Urban Development HomesMEMORANDUM OP AGREEMENT
NATING ADA COUNTY HOUSING AUTHORITY
DESIG OMES
CITY' S AGENT TO PURCHASE HUD DOLLAR H
AS
' OF AGREEMENT DESIGNATING BOISE CITY/ADA COUN'T'Y HOUSING
This MEMORANDUM
' PURCHASE HUD DOLLAR HOMES ("MOA") is entered into this
AUTHORITY A CITY S AGENT TO i a munici al
`'~Ol 1 "Effective Date"), by and between the City of Mend an, p
~ to day of ~ « • t Housin
' anized under the laws of the state of Idaho t City) and the Ada Coon y g
corporation org
~~ i- overnmental enti established pursuant to Idaho Code sections SQ-
Authority (ACHA ), a quas g tY
1901 et seq.
'nitiative of the United States Department of Housing and
V4'HEREAS, the Dollar Homes i , ,
nt "HUD" hel s local governments foster housing opportunities for low to
Urban Developme ( ) p
' flies b offerin cities the opportunity to purchase, for one dollar plus closing
moderate income fam y g „
' - homes ac uired b the Federal Housing Administration ~ FHA) through
costs, single family q Y
foreclosure actions;
S ursuant to HUD Notice H 00-7, issued April 28, 2000 and formally extended
wHEREA , p he
b HUD Notices H 01-06, H 02-02, H 03-09, H 04-07, OS-11, and 06-02 (and presuming t
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' tension thereof to the effective date of this MOA absent any subsequent contradictory
informal ex
' i ation from HUD the Ci of Meridian is eligible to purchase Dollar Homes directly
notice or ind c )~ ~' ,
or to identi an a enc of government such as a housing authority to act as the City s
from HUD, fy g Y
agent to purchase these properties;
'WHEREAS Meridian is served byACHA, aquasi-governmental entity established
ant to Idaho Code sections S 0-1901 et seq. to perform certain essential governmental
pursu
' and which is dedicated to enhancing our community by providing safe and affordable
functions, .. r fore uni uel
housin and fosterin self sufficiency and stability for people in need, and is the e q y
• g g ~ ministerin and/or dis osin of
ualified to act as the City s agent for the purpose of purchasing, ad g, p g
q
ro erties available through HUD's Dollar Homes program; and
Pp
EREAS the Ci Council of the City of Meridian finds that it is in the best interest of
~ ~ ~'
o le of the Cit of Meridian for the City to designate ACHA as the City s agent for the
the pe p Y
ose of purchasing properties from HUD through the Dollar Homes program;
p~
NOW THEREFORE, in consideration of the mutual promises and covenants herein
tained and in consideration of the recitals above, which are incorporated herein, City and
con ,
ACHA agree as follows;
I. A enc conve ed. ACHA is hereby designated the City of Meridian's agent for the
~ y y
ose of urchasing, administering, and disposing of properties available for purchase
p~ p
from FHA through HUD's Dollar Homes program.
II. Indemn~ication; mutual hold harmless. ACHA and each and all of its employees, agents,
contractors officials, officers, servants, guests, and/or invitees, and all participants in ACHA
ro rammin ,shall indemnify and save and hold harmless City from and for any and all
p g g ..
losses, claims, actions, judgments for damages, or injury to persons or property and losses
and expenses caused or incurred by ACHA or any ACHA employee, agent, contractor,
MOA DESIGNATING HOUSING AUTHORITY AS CTTY'S
AGENT FOR PURCHASE OF HUD DOLLAR HOMES PAGE i of 3
.' ''S.
• or invitee or an articipant in or observer of ACHA
official, officer, servant, guest, and/ ~ , , y p, her
• its urchase, administration, financing, sale, rental, or of
programming, in or related to p .. s conduct of
• ' • HUD Dollar Home not caused by or arising out of the tortiou
disposition of any or ~, ACHA
' 't incurs liabili due to the actions or omissions of ACHA • y
City. If Ci y tY
e a ent contractor, official, officer, servant, guest, and/or invitee, or any
employe , g ~ ees to indemni and save and
' ACHA covenants and agr fY
participant in ACHA programming,
' and for a1i such losses, claims, actions, or judgments for damages
hold harmless City from condition
• ~ ' ' ns or roe . Cit makes no warranty or promise as to the
or liability to perso p p ~Y Y • • ced sold
ss or habitabilit of any premises purchased, administered, finan ,
safety, usefulne Y
rented or otherwise disposed of under the HUD Dollar Home program.
ld harmless ACHA from and for an and all losses claims actions
Ci shall save and ho sed or
' ents for dama es or in' to ersons or roe and losses and ex ense cau
ud
' i or an Ci em to ee official or officer in or related to the urchase
incurred by C tv v .p y •
' ' tration financin sale rental or other dis osition of an HUD Dollar Home not
adminis
used b or arisin out ofthe tortiousconduct ofACHAand/or the ne li ent actions or
ca
omissions of ACHA or an ACHA em to ee official or officer.
lei res onsible. ACHA shall be solely responsible for all aspects of purchase,
III, ACHA so y p ollar Home
administration, financing, sale, rental, or other disposition of any HUD D
n ursuant to this MBA. ACHA shall assume all risks and liability related to any
undertake p r ACHA
ransaction related to this MOA and/or the HUD Dollar Home program. Furthe ,
t
res onsible for the a ent to HUD of the purchase price, closing costs, and
shall be solely p p ~ • • in
d all other direct and indirect costs related to the purchase, administration, financ g,
any an
rental or other dis osition of any HUD Dollar Home undertaken pursuant to this
sale, p
MOA.
om fiance with laws. In acting hereunder, City and ACHA shall comply with all
IV. C p ,
applicable Federal and State laws and regulations.
V. Notices.
tices re uired to be iven by either party hereto shall be in writing and be deemed
No q g
mmunicated when ersonally served, or mailed in the United States mail, certified, return
co P
receipt requested, addressed as follows:
Cit of Meridian Ada County Housing Authority
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Attn: Planning Director Deanna V~atson, Executive Director
33 E. Broadway Avenue 1276 W River St., Suite 300
Meridian, Idaho 83642 Boise, Idaho 83702
' r ma Chan a its authorized representative and/or address for the purpose of this
Eithe party y g
ara a h b ivin written notice of such change to the other party in the manner herein
P ~' p Y g g
provided.
Term of A reement. This MOA shall become effective upon execution by both parties,
VI. g
and shall ex ire five 5 ears from the Effective Date unless earlier terminated or extended
p C )y •
in the manner as set forth herein. If the parties to this MOA fail to mutually extend this
term and neither has terminated the MOA, the term of this MOA, or such other terms as the
arties have a eed u on in writing, shall be renewed automatically for one-year periods
~. p ~' p
thereafter unless terminated by either party in the manner provided in this MOA,
MOA DESIGNATING HOUSING AUTHORITY AS CITY'S
AGENT FOR PURCHASE OF HUD DOLLAR HOMES PAGE 2 OF 3
' ma terminate this Agreement by providing thirty (30)
VII. Termination process. Either party y ~ ~ 'nclude a
' otice of intention to terminate. Such written notice shall i
days advance written n , ,
• ch or circumstances roviding grounds for termination. A fourteen
description of the brea p , , ~ to terminate.
ure eriod shall commence upon mailing of the notice of intention
(14} day c p
' uch cure eriod cure of the breach or circumstances providing
If, upon the expiration of s p ~ vision
'nation has not occurred, this Agreement may be terminated upon• pro
grounds for terms ,
• ' ation. Grounds for termination of this Agreement shall Include,
of written notice of termin
but shall not be limited to: ,
ct or omission b either party which breaches any term of this Agreement.
A. Ana Y ,
they unforeseeable event which precludes or makes Impossible the
B. An act of nature or o
erformance of the terms of this Agreement by either party. .
p
in circumstances that renders the performance by either party a detriment to
C. A change
the public health, safety, or welfare,
tion and severabili . If any part of this Agreement is held to be invalid or
VIII. Construc tY of
able such holdin will not affect the validity or enforceability of any other part
unenforce g ,
' ent so ion as the remainder of the Agreement is reasonably capable of
this Agreem g
completion.
• went, This MOA contains the entire agreement of the parties and supersedes
IX. Entire agree revious to the
an and all other a eements or understandings, oral or written, whether p
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execution hereof or contemporaneous herewith.
fired. This MOA shall not become effective or binding until approved by the
X. Approval requ
respective governing bodies of both City and ACHA.
S WHEREOF the arties shall cause this Agreement to be executed by their
IN WITNES ~ P
ul authorized officers to be effective as of the day and year first above written.
dy
BOISE CITYIADA COUNTY HOUSING AUTHORITY;
BY:
Deanna Watson
Executive Director
CITY OF MERIDIAN: ~,~~~~'"`""`'`~~~~,,~ ATTEST:
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BY:
Tammy~e ~/eerd, Mayor
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:,M ~ a o~man, City Clerk
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MOA DESIGNATING HOUSING AUTHORITY AS CITY'S
AGENT FOR PURCHASE OF HUD DOLLAR HOMES
PAGE 3 of 3