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CC RESOLUTION 882RESOLUTION N0. 882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE EXECUTION OF "SUPPLEMENTAL AGREEMENT TO CONTRACT WITH THE LOCAL BODY FOR PROVIDING HOUSING, PURSUANT TO TITLE V OF THE LANHAM ACT, AS AMENDED TO PROVIDE FOR COMPLETION OF THE DEVELOPMENT UNDERTAKINGS BY THE LOCAL BODY "; PROJECT NO. CAL.V 4498, EL SEGUNDO, CALIFORNIA. WHEREAS, by Resolution No. 838, entitled: "A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE FEDERAL PUBLIC HOUSING AUTHORITY AND THE CITY OF EL SEGUNDO, CALIFORNIA FOR ACQUIRING, DE- VELOPING, ADMINISTERING AND REMOVING EMERGENCY TEMPORARY HOUSING UNDER THE PROVISIONS OF TITLE V OF THE LANHAM ACT. ", adopted on the 26th day of June, 1946, the City Council of the City of E1 Segundo, California, did duly and regularly approve and authorize the execution of a certain agreement between the United States, acting by the Commissioner of the Federal Public Housing Authority, therein called the ""HA", and said City of E1 Segundo, therein called the "Local Body ", which said contract or agreement related to Project No. CAL V-4498 (Place) E1 Segundo, Calif., was and is designated as Contract No. HA (V -4498) mph -1, and is dated June 28, 1946; AND, WHEREAS, upon and after the adoption of said Resolution No. 838, the said agreement or contract was duly executed and delivered by the respective parties thereto; AND, WHEREAS, there has now been submitted to this Council a proposed supplemental agreement, supplementing, modifying and amending said agreement of June 28, 1946; AND, WHEREAS, this Council has duly and carefully considered said supplemental agreement, and is satisfied therewith; 1- NOW, THEREFORE, the City Counoil of the City of E1 Segundo, California, does hereby resolve, declare, determine and order as follows, to -wit: SECTION 1. That a supplemental agreement, substantially in the form set out in Section 3 hereunder, between the United States of America and the City of E1 Segundo, California, be and the same is hereby approved and accepted, both as to form and substance; that the Mayor of the City of E1 Segundo, California, be and he is hereby authorized and directed to execute as many counterparts of such supplemental agreement as may be required, substantially in the form set forth herein- after in Section 3 of this resolution, in the name of the City of E1 Segundo, California; and that the City Clerk be and he Is hereby authorized and directed to impress the oorporate seal of the said City of E1 Segundo, California, on each of said several counterparts thereof, and attest the same. SECTION 2. That the City Clerk be, and he is hereby, authorized and directed to forward forthwith, with said executed required counterparts of said supplemental agreement, as so executed, such number of certified copies of extracts from the minutes of this meeting showing the adoption of, and relating to, this resolution, and such number of certified copies of this resolution as may be required, to the regional office of the Federal Public Housing Authority. SECTION 3. The form of said supplemental agreement referred to in Sections 1 and 2 hereof, is in words and figures substantially as follows: 0 FPHA -SP- 1481 -0 12..20 -46 SUPPLEMENTAL AGREEMENT TO CONTRACT WITH LOCAL BODY FOR PROVIDING ROUSING PURSUANT TO TITLE V OF THE LANHAM ACT, AS AMENDED, TO PROVIDE FOR COMPLETION OF THE DEVELOPMENT UNDERTAKINGS BY TxE LOCAL BODY. Project No. CAL V_4498 (Place) E1 Segundo (For use in connection with outstanding contracts when available funds are insufficient to complete the project and the local body agrees to accept the project in its unfinished condition and complete the development under - takings at its own cost and expense.) THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 19, States of America, acting by and throu, Public Housing Authority, (hereinafter and the City of E1 Segundo a municipal organised and existing pursuant to the of California, (hereinafter called the WITNESSETH THAT: 506 - -, by the United Sri the Federal called the "FPHA"), corporation duly laws of the State "local body "). WHEREAS, the parties hereto have heretofore entered into Contract No. HA(V 4498)mph -1, dated June 28, 19460 (which document together with all amendments and supple- ments thereto is hereinafter called the "contract ") for the purpose of providing temporary dwelling accommodations (hereinafter called the "project ") consisting of (sub- stantially _Ag__family dwelling unite) for the housing of distressed families of servicemen and for veterans and their families pursuant to Title V of the Lanham Act (Public Law 849, 76th Congress, as amended); and WHEREAS, pursuant to said contract the FPHA agreed to perform certain development undertakings through the 3- utilization of existing structures, material, furnish- ings, equipment and other properties and the expenditure of certain federal funds; and WHEREAS, in accordance with such agreement, the FPHA has developed the project to a stage of construction de- scribed as follows: Installing twenty house numbers Furnishing & Laying linoleum in bath rooms in each of the twenty units Connecting ranges in units Furnishing and installing one screen door on each twenty units and has delivered structures, materials, furnishings, equipment and other properties for use in the completion of the project more particularly described in the inventory attached hereto as part hereof marked for identification as "Exhibit A "; and WHEREAS, by reason of increased construction coats the federal funds available for the development undertak- inge are not sufficient to complete the project as originally designed; and WHEREAS, the local body desires to accept the project in its unfinished condition and complete the development undertakings at its own cost and expense. NOW, THEREFORE, IN CONSIDERATION OF THESE PREMISES, AND OF THE MUTUAL COVENANTS HEREIN CONTAINED, AND FOR OTHER GOOD AND VALUABLE CONSIDERATIONS (RECEIPT OF WHICH ARE HEREBY ACKNOWLEDGED) AND FOR PURPOSES OF CARRYING OUT THE PROVISIONS OF SAID TITLE V OF THE LANHAM ACT, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: (1) The local body hereby accepts possession, custody, and control of the project in the same manner and to the same extent as if the entire development undertakings of the FPHA pursuant to the contract had been performed and a000m- plished, and hereby releases the FPHA from further perfor mnoe 4. Of any aad all development undertakings pursuant to said contract. (2) The local body covenants and agrees to complete the project as originally designed at its own cost and expense. In accomplishing this undertaking, the local body may utilize the structures, material, furnishings, equipment and other properties described in Schedule A for Incorporation in the project, and all such properties are hereby transferred by the FPHA to the local body. (3) In consideration of the foregoing, if the project is completed as originally designed, the local body may retain from net revenue derived from the operation of the project an amount equal to its eligible expenditures pursuant to this supplemental agreement. ("Eligible expenditures" for purposes of this paragraph shall include all fair and reasonable "out of pocket" oosts (as determined by the FPHA) Including reasonable debt service incurred by the local body in completing the project to the minimum standards contemplated in the contract. It shall not include develop. ment or other costs provided or to be provided by the local body pursuant to the contract, or any costs or expense which may be inourred by the local body in developing the project beyond said minimum standards, or the value of items or services furnished or performed without "out of pocket" cost to the local body.) All net revenue over and above such amount shall be payable to the FPHA in accordance with the terms and conditions of the contract. In the event the number of dwelling accommodations originally specified in the contract are not completed, the net revenue from the project shall be prorated between the local body and the FPHA on the basis of the percentage of the development cost of the project contributed by the local body pursuant to this supplemental agreement as M against the total development cost contributed by the FPHA, it being understood and agreed that for purposes of computing the local body's contribution in this respect only its eligible expenditures as defined above shall be considered, and in computing the FPHA's contributions only federal funds expended in the undertaking shall be considered. Notwithstanding the provisions of Section 2.04(c) of the contract, there may be charged against project income premiums for fire and extended coverage insurance protecting the local body's contribution to project development cost under this supplemental agreement. Such insurance may cover every dwelling unit in the project in an amount equal to each unit's proportionate share of the total contribution by the local body hereunder until such time as the full amount of the contribution has been recovered from net revenue. The policy providing such insurance coverage shall not contain coinsurance restrictions. (4) Contract No. HA(V..4498)mph -1 dated June 28, 1946 is hereby supplemented, modified, amended and revised to conform with the foregoing. Otherwise said contract shall remain in full force and effect. (5) The local body certifies and represents that it has full authority to execute this Supplemental Agreement and to do all things and perform all acts necessary to the fulfillment of its obligations hereunder. IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first above written. UNITED STATES OF AMERICA FEDERAL PUBLIC HOUSING AUTHORITY SEAL By ATTEST Director, Region for the Commissioner WITNESSES: Ti tle R 0 � � R SECTION 4. That this resolution shall become effective and operative immediately upon its adoption and approval by the City Council of the City of E1 Segundo, California, this 7th day of May, 1947. Passed, approved and adopted by the City Council of the City of El Segundo, California, this 7th day of May, 1947. or A't T: City Ci (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, j SS. CITY OF EL SEGUNDO. I, Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said city is five; that the foregoing resolution, being Resolution No.882, was duly passed and adopted by the said City Council, approved and signed by the Mayor of said city, and attested by the City Clerk of said city, all at a regular meeting of the said Council held on the 7th day of May, A. D., 1947, and that the same was so passed and adopted by the following note: AYES: Councilmen Baker, Peterson, Thompson, Skelley and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. (SEAL) 7-. f of the CiW California.