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2012-03H HRA ResolutionMOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 12 -03H RESOLUTION APPROVING THE CAPITAL FUND PROGRAM AMENDMENT FOR FISCAL YEAR 2012, THE CAPITAL FUND PROGRAM FIVE YEAR ACTION PLAN FOR 2012 — 2016 AND THE 2012 CAPITAL FUND ANNUAL STATEMENT WHEREAS, the U.S. Department of Housing and Urban Development has agreed to provide Capital Fund Program (CFP) assistance to the HRA of the City of Mound, Minnesota, for the purpose of helping the HRA in carrying out capital and management activities at the Indian Knoll Public Housing Development, and WHEREAS, the HRA of the City of Mound has previously approved a five year action plan for capital improvements at the Indian Knoll Public Housing Development, NOW, THEREFORE, BE IT RESOLVED, that the Board of the Mound Housing and Redevelopment Authority approves the following: 1) Capital Fund Program Amendment for Fiscal Year 2012, as presented in Exhibit A 2) Capital Fund Program Five Year Action Plan for 2012 — 2016, as presented in Exhibit B 3) 2012 Capital Fund Annual Statement, as presented in Exhibit C Adopted by the Mound HRA this 28`h day of February, 2012. Mark Hanus. Mound HRA Chair Attest: Vicki Weber, Acting City Clerk 2012 Capital Fund EXHIBIT A Capital Fund Program U.S. Department of Housing (CFP) Amendment and Urban Development To The Consolidated Annual Contributions Office of Public and Indian Housing Contract (form HUD- 53012) and the United States of America, Secretary of Housing and Urban Development (herein called "HUD ") entered into Consolidated Annual Contributions Contract(s) ACC(s) Numbers(s) C -858 dated 613/1970 Whereas, HUD has agreed to provide CFP assistance, upon execution of this Amendment, to the PHA in the amount to be specified below for the purpose of assisting the PHA in carrying out capital and management activities at existing public housing developments in order to ensure that such developments continue to be available to serve low- income families. HUD reserves the right to provide additional CFP assistance in this FY to the PHA. HUD will provide a revised ACC Amendment authorizing such additional amounts. $ 39 243.00 for Fiscal Year 2012 to be referred to under Capital Fund Grant Number MN46PO7450112 PHA Tax Identification Number (TIN):On File DUNS Number.On File '} t Whereas, HUD and the PHA are entering into the CFP Amendment Number oC tF' Now Therefore, the ACC(s) is (are) amended as todows: 1.The ACC(s) Is (are) amended to provide CFP assistance in the amount specified above for capital and management activities of PHA developments. This amendment is a part of the ACC(s). 2. The capital and management activities shall be carried out in accordance with all HUD regulations and other requirements applicable to the Capital Fund Program. 3. (Check one) a. For Non - qualified PHAs: (i) In accordance with the HUD regulations, the Annual PHA Plan has been adopted by the PHA and approved by HUD, and may be amended from time to time. The capital and management activities shall be carried out as described in the CFP Annual Statement/Performance and Evaluation Report (HUD - 50075.1). OR (ii) If the Annual PHA Plan has not been adopted by the PHA and approved by HUD, the PHA may use its CFP assistance under this contract for work items contained in its CFP- Five -Year Action Plan (HUD- 50075.2), before the Annual PHA Plan is approved. b. For Qualified PHAs: (i) The CFP Annual Statement/Performance and Evaluation Report (HUD - 50075.1) has been adopted by the PHA and verified by HUD. The capital and management activities shall be carried out as described therein. OR (ii) It the CFP Annual StatemenUPerformance and Evaluation Report has not been adopted by the PHA and /or verified by HUD, the PHA may use its CFP assistance under this contract for work items contained in its approved CFP 5 -Year Action Plan (HUD - 50075.2), before the CFP Annual Statement/Performance and Evaluation Report is adopted by the PHA and verified by HUD. For cases where HUD has approved a Capital Fund Financing Amendment to the ACC (CFF Amendment attached), HUD will deduct the payment for amortization scheduled payments from the grant immediately on the effective date of this CFP Amendment. The payment of CFP funds due per the amortization scheduled will be made directly to a designated trustee (Trustee Agreement attached) Wthln 3 days of the due date. Regardless of the selection above, the 24 month time period in which the PHA must obligate this CFP assistance pursuant to section 90)(1) of the United states Housing Act of laJr, as amended, itre "Act ) onto 46 month time period in which the PHA must expend this CFP assistance pursuant to section 90)(5) of the Act starts with the effective date of this CFP amendment (the date on which CFP assistance becomes available to the PHA for obligation). Any additional CFP assistance this FY will start with the same effective date. 4. Subject to the provisions of the ACC(s) and paragraph 3. and to assist in the capital and management activities, HUD agrees to disburse to the PHA orthe designated trustee from time to time as needed up to the amount of the funding assistance specified herein. 5. The PHA shall continue to operate each development as low- income housing in compliance with the ACC(s), as amended, the Act and all HUD regulations for a period of twenty years after the last disbursement of CFP assistance for modernization activities for any public housing or portion thereof and for a period of forty years after the last distribution of CFP assistance for development activities for any public housing and for a period of ten years following the tae payment of assistance from the Operating Fund to the PHA. However, the provisions of Section 7 of the ACC shall remain in effect for so long as HUD determines there is any outstanding indebtedness of the PHA to HUD which arose in connection with any developments) under the ACC(s) and which is not eligible for forgiveness, and provided further that, no disposition of any development covered by this amendment shall occur unless approved by HUD. 6. The PHA will accept all CFP assistance provided for this FY. If the PHA does not comply with any of its obligations under this Amendment and does not have its Annual PHA Plan approved within the period specified by HUD, HUD shall impose such penalties or take such remedial action as provided by law. HUD may direct the PHA to terminate all work described in the Capital Fund Annual Statement of the Annual PHA Plan. In such case, the PHA shall only incur additional costs with HUD approval. 7. Implementation or use or funding assistance provided under this Amendment is subject to the attached corrective action order(s). (mark one) : ❑ Yes a No 8. The PHA acknowledges its responsibility for adherence to this Amendment. 9. At a public housing development level and in the format and frequency established by HUD, the PHA is required to report on all Capital Fund grants awarded that have not closed, including information on the installation of energy conservation measures. The parties have executed this Agreement, and it will be effective on March 12, 2012. This is the date on which CFP assistance becomes available to the PHA for obligation. ao �x `o > c � y a F� v N K c W 9 C � N) bD y C ti y O o v x 00 E i a fl D C cl a c 0 a V .Q d 8 w 0 L a C w .C+ ce EXHIBIT B PAGE 1 OF 3 C W ro w o0 va 0 N N w N C' X z� c3 0 as c y, m P. �,, o b o c ?" w N eEi � w vNi vNi C -Y `o -c 3 O M r `oy N U d uy. vNi � �w G x `o C � 3 z ,a N tl � Lam' C O O O N U O w y i w 1' 0 3 C N ON N IN IN 3 tl 0 0 v` K z QZ av� ?� 0.v�000C]C1UQ I°E°C7 �:.� N N EXHIBIT B PAGE 1 OF 3 C W | }\ \ \\ \\° \( § ± 2 \ f } / ( \ / EXHIBIT # PAGE : \ ) ; § m \ \ � } / a2 §2% _ CD ^ ^ \ � a \ 2 (} \ \ \ )\ ) j>= a{ f]\ } \) \/( \\ \ } \ 7 »( \(\\ / 2 /a EXHIBIT # PAGE : |]\ \ \� \( § / { \ \ ) \ ) / / EXHIBIT !!!&! \ / \ \ ) \ } ) } \ \ \) aZ16. i ») \ 2 ) 7 ) \ (z \) � \\ \ \ ) j)= ( tE.2 e �* ® ® ®)/ C }k . 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