SANTA ANA HISTORIC PRES SOC 5A - 2002

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INS'L .,,~E!le IN FILE WOR;', l,:AY N~LPROCEED CLERK Or COUNCIL DATE: f3 n Or REHABILITATION WORK AGREEMENT ,,- . - (For use with COMMUNITY DEVELOPMENT BLOCK GRANT funds) ''\~'\' :'l t., \. '~l)'.") '\'l'l-' ~.ft, ~ \ THIS AGREEMENT, made and entered into this ~ day of , 2002, by and >if \,.J . between the City of Santa Ana, a charter city and municipa corporation d y org . ed and existing under the Constitution and laws of the State of California ("City") and the Santa Ana Historical Preservation Society, a California non-profit corporation hereinafler referred to as "Subrecipient". I"".i A .1999-048- ...,,_2000-063- 29 A 50 A WITNESSETH Recitals: A. Subrecipient and City have executed the "Agreement for Agreement Between the City of Santa Ana and na istorical Preservation Society For Use of Community Development Block Grant Funds", dated , 200 battached hereto as Exhibit A, with all terms incorporated as though fully set forth B. Subrecipient desires to employ a general building Contractor as defmed in California Business and Professions Code 9 7057 to perform certain rehabilitation work on property located at 615 North Sycamore Street, in the City of Santa Ana, California, known as the historical Howe-Waffle House (the "Property"). C. Subrecipient represents that the Contractor hired to perform the rehabilitation work will be qualified, licensed and able to perform such work as desired by Subrecipient. D. Subrecipient is financing all or part of the cost of the work to be performed under this Agreement with proceeds of a grant to Subrecipient from the City. The City is providing the grant funds to Subrecipient with certain funds made available by the United States Department of Housing and Urban Development ("HUD") under the Community Development Block Grant Program (the "CDBG Program") and the regulations issued by HUD set forth in 24 CFR Party 570 (the "CDBG Regulations"). The City Manager is the representative of the City. WHEREFORE, for and in consideration of the respective and mutual covenants and prornises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. THE WORK 1. SCOPE OF WORK Subrecipient shall hire a qualified Contractor to provide all supervisIOn, technical personnel, labor, materials. machinery, tools, equipment fixtures and services for the work required for rehabilitation of the Property, in accordance with the atrached bid and proposal, general conditions, work write-ups. specifications, and drawings, which documents are incorporated herein by reference as though fully set forth (Exhibit B). All construction related work under this Agreement shall be to accomplish blight reduction, provide modifications to assist the disabled and gain ADA compliance, and/or other health and safety modifications. Subrecipient shall ensure that all work shall be performed in conformance with applicable laws and local requirements whether or not covered by the specifications and drawings for the work. Subrecipient acknowledges that housing assisted with CDBG Program funds constitutes HUD-assisted housing for the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. Sections 4821, et seq.) and is, therefore, subject to 24 Code of Federal Regulations Part 35. Accordingly, and pursuant to Section 570.608 of the CDBG Regulations, Subrecipient hereby agrees to and shall be responsible for testing and abatement activities specified in the Lead-Based Paint Poisoning Prevention Act and the regulations set forth at 24 Code of Federal Regulations Part 35 with respect to the rehabilitation of the Property. Subrecipient shall ensure that the hired Contractor shall pay all sales, consumer, use and other similar taxes required by law, and shall procure and pay for all permits and licenses necessary for the execution and completion of the work and labor to be performed hereunder. lof6