Consolidate Annual ContributionU.S. Department of Housing
and Urban Development
Terms and Conditions
Constituting Part A of a
Consolidated Annual Contributions Contract
Between Housing Authority and
the United States of America
Forms HUD -53010 and Form HUD -53012A
HUD -53011 are obsolete (7/95)
TABLE OF CONTENTS
— Part A --
Section
Page
Section 1
Consolidation of Annual Contributions Contract.
1
Section 2
Definitions.
1
Section 3
Mission of HUD.
2
Section 4
Mission of the HA.
2
Section 5
Covenant to Develop and Operate.
3
Section 6
Cooperation Agreement(s).
3
Section 7
Covenant Against Disposition and Encumbrances.
3
Section 8
Declaration of Trust.
3
Section 9
Depository Agreement and General Fund.
4
Section 10
Pooling of Funds.
4
Section 11
Operating Budget.
5
Section 12
Civil Rights Requirements.
5
Section 13
Insurance Requirements.
6
Section 14
Employer Requirements.
7
Section 15
Books of Account, Records, and Government Access.
7
Section 16
Termination of a Project Under Management.
7
Form HUD -53012A
-i- (7/95)
Section
Page
Section 17
Notices, Defaults, Remedies.
7
Section 18
Rights and Obligations of HUD While
9
in Possession of Project(s).
Section 19
Conflict of Interest.
9
Section 20
Interest of a Member or Delegate to Congress.
11
Section 21
Rights of Third Parties.
11
Section 22
Performance of Conditions Precedent to
11
the Validity of this ACC.
Section 23
Waiver or Amendment.
11
Form HUD -53012A
-ii- (7/95)
This Annual Contributions Contract ("ACC"), No. KC -1029 , is entered into as of this -.
day of , 2005 by and between the United States of America, acting by and through
the Secretary of Housing and Urban Development, ("HUD") and _ City of Salina, Kansas -
(the "HA"). The parties to this ACC may have
previously entered into Consolidated ACCs whose terms and conditions have become obsolete
through the subsequent passage of legislation or the promulgation of regulations by HUD. The _
parties wish to resolve this obsolescence by entering into this ACC, which shall supersede the
most recent Consolidated ACC entered into between the HA and HUD bearing the same ACC
number as this Consolidated ACC, and which incorporates by reference into this ACC those
regulations issued by HUD for the development, modernization, and operation of public and -
Indian housing projects contained in Title 24 of the Code of Federal Regulations, as said Title
shall be amended from time to time. Nothing herein shall release the HA from compliance with
all applicable laws, executive orders, and regulations that are not specifically incorporated herein
by reference.
This ACC covers all project(s) listed under the most recent Consolidated ACC entered into
between HUD and the HA bearing the same ACC number as this ACC, and any amendments
thereto, as well as any additional project(s) that may be added as a result of future amendments
to this ACC. This ACC shall remain in effect with respect to such projects for the maximum
period required by law, or as may be established by HUD. If this ACC consolidates previous
ACCs executed by the parties, it shall remain in effect for the maximum period remaining under
such previously executed ACCs, including any extension of the original ACC term based upon
the HA's receipt of modernization and operating subsidies.
Section 1 - Consolidation of Annual Contributions Contract.
This ACC supersedes the most recent Consolidated ACC entered into between HUD and the HA
bearing the same ACC number as this ACC (including both Parts I and II), and any amendments
thereto, provided that this novation shall in no way affect obligations outstanding, accounts due,
or other actions taken pursuant to such previous ACCs, all of which matters shall be
administered pursuant to and under this ACC.
Section 2 - Definitions.
ACC - Consolidated Annual Contributions Contract between HUD and the HA, as may be
amended herein, consisting of Part A (which sets forth requirements applicable to all projects)
and Part B (which sets forth additional requirements that apply only to certain types of projects).
Act - the United States Housing Act of 1937, as amended.
Form HUD -53012A
Page 1 of 12 (7/95)
Cooperation Agreement - agreement(s) prescribed by HUD for execution by the HA and the
local governing body relative to the cooperation of the local governing body in the development
and operation of the project(s) and the obligation of the HA for payments in lieu of taxes, due
to the exemption of the project from all real and personal property taxes.
HA - a public housing agency as defined in the Act, including an Indian housing authority.
HUD approval - prior written approval from HUD.
"Operating receipts" and "Operating expenditures" - Operating receipts shall mean all rents, —
revenues, income, and receipts accruing from, out of, or in connection with the ownership or
operation of such project. Operating receipts shall not include any funds received for
development or modernization of a project, annual contributions pledged for payment of bonds _
or notes, or proceeds from the disposition of real property. Operating expenditures shall mean
all costs incurred by the HA for administration, maintenance and other costs and charges that are
necessary for the operation of the project. Operating expenditures shall not include any costs
incurred as part of the development or modernization cost, or payment of principal or interest
of bonds or notes.
Project - public and Indian housing developed, acquired, or assisted by HUD under the Act,
other than under section 8 of the Act, and the improvement of such housing. The term shall
include all real and personal property, tangible and intangible, which is acquired or held by a —
HA in connection with a project covered under this ACC.
Section 3 - Mission of HUD.
HUD shall administer the Federal public and Indian housing program for the provision of decent,
safe, and sanitary housing to eligible families in accordance with this ACC and all applicable
statutes, executive orders, and regulations. HUD shall provide maximum responsibility and
flexibility to HAs in making administrative decisions within all applicable statutes, executive
orders, regulations and this ACC. HUD shall provide annual contributions to the HA in
accordance with all applicable statutes, executive orders, regulations, and this ACC.
Section 4 - Mission of the HA.
The HA shall at all times develop and operate each project solely for the purpose of providing
decent, safe, and sanitary housing for eligible families in a manner that promotes serviceability,
economy, efficiency, and stability of the projects, and the economic and social well-being of the
tenants.
Form HUD -530112A
Page 2 of 12 (7/95)
Section 5 - Covenant to Develop and Operate.
The HA shall develop and operate all projects covered by this ACC in compliance with all the
provisions of this ACC and all applicable statutes, executive orders, and regulations issued by
HUD, as they shall be amended from time to time, including but not limited to those regulations
promulgated by HUD at Title 24 of the Code of Federal Regulations, which are hereby
incorporated into this ACC by reference as if fully set forth herein, and as such regulations shall
be amended from time to time. The HA shall also ensure compliance with such requirements
by any contractor or subcontractor engaged in the development or operation of a project covered
under this ACC.
Section 6 - Cooperation Agreement(s).
During the development and operation of the project(s), the HA shall perform and comply with
all applicable provisions of the Cooperation Agreement(s), in the form prescribed by HUD,
including the making of payments in lieu of taxes provided therein (or such lesser amount as may
be prescribed by State law or agreed to by the local governing body), shall at all times preserve
and enforce its rights thereunder, and shall not terminate or amend the Cooperation
Agreement(s) without the written approval of HUD.
Section 7 - Covenant Against Disposition and Encumbrances.
The HA shall not demolish or dispose of any project, or portion thereof, other than in
accordance with the terms of this ACC and applicable HUD requirements. With the exception
of entering into dwelling leases with eligible families for dwelling units in the projects covered
by this ACC, and normal uses associated with the operation of the project(s), the HA shall not
in any way encumber any such project, or portion thereof, without the prior approval of HUD.
In addition, the HA shall not pledge as collateral for a loan the assets of any project covered
under this ACC.
Section 8 - Declaration of Trust.
Promptly upon the acquisition of the site of any project, the HA shall execute and deliver an
instrument (which may be in the form of a declaration of trust, a trust indenture, or such other
document as may be approved by HUD), confirming and further evidencing, among other
things, the covenant of the HA not to convey or encumber the project except as expressly
authorized in this ACC. Such instrument and all amendments shall be duly recorded or filed for
record wherever necessary to give public notice of their contents and to protect the rights and
interests of HUD and of any bondholders. The HA shall furnish HUD with appropriate evidence
of such recording or filing. From time to time, as additional real property is acquired by the HA
in connection with the projects, the HA shall promptly amend such instrument to incorporate all
such real property and shall record the instrument, as amended.
Form HUD -53012A
Page 3 of 12 (7/95)
Section 9 - Depository Agreement and General Fund.
(A) The HA shall deposit and invest all funds and investment securities received by or held for
the account of the HA in connection with the development, operation and improvement of the
projects under an ACC with HUD in accordance with the terms of the General Depository
Agreement(s). The General Depository Agreement shall be in the form prescribed by HUD and
must be executed by the HA and the depository. Immediately upon the execution of any
Depository Agreement, the HA shall furnish to HUD such executed or conformed copies thereof
as HUD may require. A Depository Agreement shall not be terminated except after 30 days
notice to HUD.
(B) All monies and investment securities received by or held for the account of the HA in
connection with the development, operation and improvement of projects in accordance with an
ACC with HUD shall constitute the "General Fund."
(C) The HA shall maintain records that identify the source and application of funds in such a —
manner as to allow HUD to determine that all funds are and have been expended in accordance
with each specific program regulation and requirement. The HA may withdraw funds from the
General Fund only for: (1) the payment of the costs of development and operation of the projects
under ACC with HUD; (2) the purchase of investment securities as approved by HUD; and (3)
such other purposes as may be specifically approved by HUD. Program funds are not fungible;
withdrawals shall not be made for a specific program in excess of the funds available on deposit
for that program. —
Section 10 - Pooling of Funds.
(A) The HA may deposit into an account covered by the terms of the General Depository
Agreement any funds received or held by the HA in connection with any project operated by the
HA under the provisions of this ACC.
(B) The HA may also deposit into an account covered by the General Depository Agreement,
by lump -sum transfers of funds from the depositories of other projects or enterprises of the HA
in which HUD has no financial interest, amounts necessary for current expenditures of items
chargeable to -all projects and enterprises of the HA.
(C) The HA shall not withdraw from any of the funds or accounts authorized under this section
amounts for the projects under ACC, or for the other projects or enterprises, in excess of the
amount then on deposit in respect thereto.
Form HUD -53012A
Page 4 of 12 (7/95)
Section 11 - Operating Budget.
(A) The HA shall prepare and have approved by its Board of Commissioners an operating
budget for each of its fiscal years in a manner, and using such forms, as prescribed by HUD.
The HA shall submit a calculation of operating subsidy eligibility in the manner prescribed by —
HUD in regulations in Title 24 of the Code of Federal Regulations. HUD shall review the
calculation and, if correct, and subject to the availability of funds, take action within 45 days of
submission to obligate the funds and approve a payment schedule, unless the HA is notified that
it must submit an operating budget as provided in (B) below. HUD may revise or amend the
subsidy calculation to bring it into conformity with regulatory requirements. The HA shall
submit revised calculations in support of mandatory or other adjustments based on procedures
and deadlines prescribed by HUD.
(B) If HUD directs the HA to submit an operating budget because it has failed to achieve certain
specified operating standards, or for other reasons which in HUD's determination require it,
HUD shall, within 45 days of receipt of the complete operating budget, review and approve the
operating budget if the plan of operation and the amounts included therein are reasonable. If
HUD disapproves any proposed operating budget, or approves such budget with modifications,
the HA shall be notified m writing and be furnished with an explanation of the reasons for such
disapproval or modified approval. Any HA that is required to submit an operating budget may,
at any time prior to thirty days before the end of the HA fiscal year, submit to HUD a proposed
revision of any approved operating budget.
(C) HUD shall not in any Federal fiscal year approve any estimate or revision of a HA's
operating budget in an amount which, together with the amount of all operating subsidies then
contracted for by HUD, would exceed the amount as determined by HUD of contracting
authorization for operating subsidies under the Act. HUD shall not be obligated to make any
payments on account of operating subsidies in an amount in excess of the amount specifically
approved by HUD.
(D) The HA shall not incur any operating expenditures except pursuant to an approved operating
budget. If unbudgeted expenditures are incurred in emergencies to eliminate serious hazards to
life, health and safety, the operating budget shall be amended accordingly.
Section 12 - Civil Rights Requirements.
(A) The HA shall comply with all statutory, regulatory, and executive order requirements
pertaining to civil rights, equal opportunity, and nondiscrimination, as those requirements now
exist, or as they may be enacted, promulgated, or amended from time to time. These
requirements include, but shall not be limited to, compliance with at least the following
authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d; 24 CFR part 1); the Fair
Housing Act (42 U.S.C. 3601-3619; 24 CFR part 100); section 504 of the Rehabilitation Act of
Form HUD -53012A
Page 5 of 12 (7/95)
1973 (29 U.S.C. 794; 24 CFR part 8); (the Age Discrimination Act of 1975 (42 U.S.C. 6101-
6107, 24 CFR part 146); the Americans with Disabilities Act (Pub. L. 101-336, approved July
26, 1990; 28 CFR part 35); Executive Order 11063 on Equal Opportunity in Housing (24 CFR
part 107); Executive Order 11246 on Equal Employment Opportunity, as amended by Executive
Order 11375 (41 CFR part 60); and Executive Order 12892 on Affirmatively Furthering Fair
Housing. An Indian Housing Authority established pursuant to tribal law shall comply with
applicable civil rights requirements, as set forth in Title 24 of the Code of Federal Regulations.
(B) In connection with the development or operation of any project, the HA shall not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, disability, age, or national origin. The HA shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to —
race, color, religion, sex, disability, age, or national origin. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and _
selection for training, including apprenticeship. The HA shall insert the foregoing provision
(modified only to show the particular contractual relationship) in all its contracts in connection
with the development or operation of any project, except contracts for standard commercial
supplies or raw materials and contracts referred to in subsection (C) of this section, and shall
require all contractors to insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials. The HA shall post at the projects, in —
conspicuous places available to employees and applicants for employment, notices to be provided
by HUD setting forth the provisions of this nondiscriminatory clause.
(C) The HA shall incorporate the language required by Executive Order 11246, codified at
41 CFR §60-1.4(b) (or any successor provision), into any contract for construction work, or any
modification thereof, which is paid for in whole or in part with funds obtained under this ACC.
In addition, the HA agrees that it will be bound by the equal employment opportunity provisions —
set forth at 41 CFR §60-1.4(b) (or any successor provision) with respect to its own employment
practices when it uses its own staff (force account) to carry out Federally assisted construction
work.
Section 13 - Insurance Requirements.
(A) Except as otherwise provided by HUD, the HA shall procure adequate insurance to protect
the HA from financial loss resulting from various hazards if the HA determines that exposure
to certain hazards exists. The types of insurance required, or that should be purchased, and
other requirements with respect to insurance coverage are listed in Part B, Attachment VII, of
this ACC.
(B) The HA shall, to the extent that insurance proceeds permit, promptly restore, reconstruct,
and/or repair any damaged or destroyed property of a project, except with the written approval
Form HUD -53012A
Page 6 of 12 (7/95)
of HUD to the contrary.
Section 14 - Employer Requirements.
(A) The HA shall comply with all tribal, State and Federal laws applicable to employee benefit
plans and other conditions of employment.
(B) No funds of any project may be used to pay any compensation for the services of members
of the HA Board of Commissioners.
Section 15 - Books of Account, Records, and Government Access.
(A) The HA must maintain complete and accurate books of account for the projects of the HA
in such a manner as to permit the preparation of statements and reports in accordance with HUD
requirements, and to permit timely and effective audit.
(B) The HA must furnish HUD such financial and project reports, records, statements, and
documents at such times, in such form, and accompanied by such reporting data as required by
HUD.
(C) The United States Government, including HUD and the Comptroller General, and its duly
authorized representatives, shall have full and free access to all HA offices and facilities, and to
all books, documents, and records of the HA relevant to the administration of the projects under
this ACC, including the right to audit and make copies.
Section 16 - Termination of a Project Under Management.
If any project under management under this ACC is terminated, all project reserves shall become
part of another project administered by the HA in accordance with the terms of this ACC. If no
other project(s) under management exists, the remaining project reserves shall be distributed as
directed by HUD.
Section 17 - Notices, Defaults, Remedies.
(A) Any notice required or permitted to be given under this ACC shall be in writing, signed by
a duly authorized official, and addressed, if to the HA, to the principal office of the HA, and if
to HUD, to the HUD office with jurisdiction over the HA, unless otherwise directed by
regulation or other requirement of HUD.
(B) Upon the occurrence of a substantial default by the HA, as determined by HUD in
accordance with this ACC, HUD shall be entitled to any or all of the remedies set forth in
paragraphs (E), (F), and (H) below. A substantial default is a serious and material violation of
Form EFUD-53012A
Page 7 of 12 (7/95)
any one or more of the covenants contained in this ACC. Events of substantial default shall
include, but shall not be limited to, any of the following occurrences: (1) failure to maintain and —
operate the project(s) under this ACC in a decent, safe, and sanitary manner; (2) the disposition
or encumbrance of any project or portion thereof without HUD approval; (3) failure of the HA
to comply with any civil rights requirements applicable to the HA and the project(s); (4)
abandonment of any project by the HA, or if the powers of the HA to operate the project(s) in
accordance with the provisions of this ACC are curtailed or limited to an extent that will prevent
the accomplishment of the objectives of this ACC; (5) failure to carry out modernization or
development in a timely, efficient and effective manner; and (6) termination of tax exemption —
(either real or personal property) on behalf of a project covered under this ACC.
(C) Delivery of a notice of substantial default shall be required before the exercise of any
remedy permitted under this ACC. Such notice shall: (1) identify the specific covenants,
statutes, executive orders, or regulations alleged to have been violated, (2) identify the specific
events, actions, failure to act, or conditions that constitute the alleged substantial default; and (3)
provide a specific timeframe for the HA to cure the substantial default, taking into consideration
the nature of the default.
(D) Except in uses involving clear and apparent fraud, serious criminal behavior, or emergency _
conditions that pose an imminent threat to life, health, or safety, the HA shall have the right to
appeal any such notice received from the HUD office with jurisdiction over the HA. Such
informal appeals shall be in writing and shall be submitted within ten (10) working days from
the date of the HA's receipt of such notice. Appeals of the action of a HUD Office shall be
made to the Assistant Secretary for Public and Indian Housing, or such other official as shall be
a successor thereto. --
(E) Upon the occurrence of a substantial default, or the expiration of any applicable cure period
provided by HUD, the HA shall: (1) convey to HUD title to the project(s) as demanded by HUD
if, in the determination of HUD (which determination shall be final and conclusive), such
conveyance of title is necessary to achieve the purposes of the Act; or (2) deliver possession and
control of the project(s) to HUD.
(1) Nothing contained in this ACC shall prohibit or limit HUD from the exercise of any other
right or remedy existing under applicable law, or available at equity. HUD's exercise or non-
exercise of any right or remedy under this ACC shall not be construed as a waiver of HUD's
right to exercise that or any other right or remedy at any time.
(G) If HUD shall acquire title to, or possession of the project(s), HUD shall reconvey or
redeliver possession of the project(s) to the HA, or to any successor recognized by HUD:
(1) upon a determination by HUD that the substantial default has been cured and that the
project(s) will thereafter be operated in accordance with the terms of this ACC; or (2) after the
termination of HUD's obligation to make annual contributions available, unless there
Form HUD -53012A
Page 8 of 12 (7/95)
are any obligations or covenants of the HA to HUD that are then in default.
(H) HUD may at any time by notice to the HA declare this ACC terminated with respect to any
project that at such time has not been permanently financed if: (1) the HA has made any
fraudulent or willful misrepresentation of any material fact in any document or data submitted
to HUD as a basis for this ACC or as an inducement to HUD to enter into this ACC; or (2) a
substantial default exists in connection with any of the projects; pmvi , that no such
termination shall affect any obligation of HUD to make annual contributions pursuant to section
12 of Attachment VI, Part B, of this ACC.
Section IS - Rights and Obligations of HUD While in Possession of Project(s).
(A) During any period in which HUD holds title to or possession of the projects after a
substantial default by the HA, HUD shall develop and/or operate such project(s) as nearly as
practicable in accordance with the provisions of this ACC.
(B) During any such period, HUD may, in the name and on behalf of the HA, or in its own
name and on its own behalf (as HUD shall solely determine), exercise any and all rights of the
HA under this ACC, and perform any and all obligations of the HA under this ACC. Nothing
herein shall be deemed to make the action(s) or omission(s) of the HA attributable to HUD.
Section 19 - Conflict of Interest.
(A)(1) in addition to any other applicable conflict of interest requirements, neither the HA nor
any of its contractors or their subcontractors may enter into any contract, subcontract, or
arrangement in connection with a project under this ACC in which any of the following classes
of people has an interest, direct or indirect, during his or her tenure or for one year thereafter:
(i) Any present or former member or officer of the governing body
of the HA, or any member of the officer's immediate family. There shall
be excepted from this prohibition any present or former tenant commissioner
who does not serve on the governing body of a resident corporation, and who
otherwise does not occupy a policymaking position with the resident corporation,
the HA or a business entity.
(ii) Any employee of the HA who formulates policy or who influences
decisions with respect to the project(s), or any member of the employee's
immediate family, or the employee's partner.
(iii) Any public official, member of the local governing body, or State
or local legislator, or any member of such individuals' immediate family, who
exercises functions or responsibilities with respect to the project(s) or the HA.
Form HUD -53012A
Page 9 of 12 (7/95)
(2) Any member of these classes of persons must disclose the member's interest or
prospective interest to the HA and HUD.
(3) The requirements of this subsection (A)(1) may be waived by HUD for good cause, if
permitted under State and local law. No person for whom a waiver is requested may exercise
responsibilities or functions with respect to the contract to which the waiver pertains.
(4) The provisions of this subsection (A) shall not apply to the General Depository
Agreement entered into with an institution regulated by a Federal agency, or to utility service
for which the rates are fixed or controlled by a State or local agency.
(5) Nothing in this section shall prohibit a tenant of the HA from serving on the governing
body of the HA.
(B)(1) The HA may not hire an employee in connection with a project under this ACC if the
prospective employee is an immediate family member of any person belonging to one of the
following classes:
(i) Any present or former member or officer of the governing body of the HA.
There shall be excepted from this prohibition any former tenant commissioner
who does not serve on the governing body of a resident corporation, and who
otherwise does not occupy a policymaking position with the HA.
(ii) Any employee of the HA who formulates policy or who influences
decisions with respect to the project(s).
(iii) Any public official, member of the local governing body, or State or local
legislator, who exercises functions or responsibilities with respect to the project(s)
or the HA.
(2) The prohibition referred to in subsection (B)(1) shall remain in effect throughout the
class member's tenure and for one year thereafter.
(3) The class member shall disclose to the HA and HUD the member's familial relationship
to the prospective employee.
(4) The requirements of this subsection (B) may be waived by the HA Board of
Commissioners for good cause, provided that such waiver is permitted by State and local law.
(C) The requirements of subsections (A) and (B) of this section do not apply to contracts entered
into by an Indian Housing Authority, its contractors or subcontractors, although such contracts
Form HUD -53012A
Page 10 of 12 (7/95)
remain subject to other applicable conflict of interest requirements.
(D) For purposes of this section, the term "immediate family member" means the spouse,
mother, father, brother, sister, or child of a covered class member (whether related as a full
blood relative, or as a "half" or "step" relative, e.g., a half-brother or stepchild).
Section 20 - Interest of a Member or Delegate to Congress.
No member of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of this ACC or to any benefits which may
arise from it. (As used in this section, the term "resident commissioner" refers to an individual
appointed to oversee a territory or possession of the United States of America, e.g., Guam.)
Section 21- Rights of Third Parties.
Except as to bondholders, as stated in Part B (Attachment VI) of this ACC, nothing in this ACC
shall be construed as creating any right of any third party to enforce any provision of the ACC
or to assert any claim against HUD or the HA.
Section 22 - Performance of Conditions Precedent to the Validity
of this ACC.
The HA certifies that all conditions precedent to the valid execution and delivery of this ACC
on its part have been complied with, that all things necessary to constitute this ACC its valid,
binding, and legal agreement on the terms and conditions and for the purposes herein set forth
have been done and have occurred and that the execution and delivery of the ACC on its part
have been and are in all respects duly authorized in accordance with law. HUD similarly
certifies with reference to its execution and delivery of this ACC.
Section 23 - Waiver or Amendment.
Any right or remedy that HUD may have under this ACC may be waived in writing by
HUD without the execution of a new or supplemental agreement; or by mutual agreement of the
parties to this ACC, this contract may be amended in writing: Provided, That none of the
provisions of this ACC may be modified or amended so as to impair in any way HUD's
obligation to pay any annual contributions that have been pledged as security for any obligations
of the HA.
Form HUD -53012A
Page 11 of 12 (7/95)
In witness whereof, the HA and HUD have caused this ACC to be executed and the HA has
caused its seal to be hereunto affixed and attested all as of the date first above written.
(SEAL)
ATTEST:
City of Salina, Kansas
(Housing Authority)
By —
(Mayor)
UNITED STATES OF AMERICA
Secretary of Housing and Urban
Development
By
Director -
office of Public Housing
Additional Condition
(Official Title)
In 1967, the City of Salina, Kansas (City) passed Resolution 2454 creating the Housing Authority of the City of Salina
(SHA) and specifically provided that SHA did not have the power to execute contracts with an agency of the Government
and acquire or dispose of any property. Although, SHA did not have the power to do so they did execute several contracts
with HUD, which are attached and listed below: —
Amendment # 7 to ACC No. FW -I I I4/KC-1029 for Debt Forgiveness
Amendment # 8 to ACC No. FW -1 114/KC-1029 for Modernization Grant No. KS16P038903z
Amendment # 14 to ACC No. KC -1029 for Modernization Grant No. KS 16PO3890595
Consolidated Annual Contributions Contract No. KC -1029, dated January 24, 1996
Amendment # 14 to ACC No. KC -1029 for Modernization Grant No. KSI6P03890697
Amendment # 15 to ACC No. KC -1029 for Modernization Grant No. KS16PO3890798
Amendment # 8 to ACC No. KC -1029 for Modernization Grant No. KS16P03890899
Amendment # 17 to ACC No. KC -1029 for Modernization Grant No. KS 161`03850100
Amendment # 18 to ACC No. KC -1029 for Modernization Grant No. KS 161`03 850 101
Amendment # 19 to ACC No. KC -1029 for Modernization Grant No. KS 161`03850102
Amendment # 20 to ACC No. KC -1029 for Modernization Grant No. KS I 6PO3850103
Amendment # 21 to ACC No. KC -1029 for Modernization Grant No. KS 161`03850203
Amendment # 22 to ACC No. KC -1029 for Modernization Grant No. KS 161`03850104
In executing this agreement, the City and HUD are agreeing to all of the terms and conditions of the previous contracts with _
HUD, listed above which were signed by the SHA. The City and HUD agree to honor all terms and conditions of these
contracts as if they were signed by the City and HUD on the dates originally signed by SHA.
'U.B. G0WmwW PrMinO Wm 1906-387-734=162
Form RUD-53012A
Page 12 of 12 (7/9
U.S. Department of Housing
and Urban Developiment
Additional Terms and
Conditions
Constituting Part B of a
Consolidated Annual Contributions Contract
Between Housing Authority and
the United States of America
Forms HUD -53010 and Form HUD -53012B
HUD -53011 are obsolete (7/95)
TABLE OF CONTENTS
— Part B —
Heading Page
Applicability of Additional Requirements
i
Pursuant to Part B of this ACC.
Debt Forgiveness Requirements Applicable to
I-1
Low Income Public and Indian Housing Projects.
Special Requirements for Section 23 and Section 10(c)
II -1
Projects.
to I1-3
Special Requirements for Turnkey III Homeownership
III -1
Opportunities Projects.
Special Requirements for Mutual Help Projects.
IV -1
to IV -2
Special Interim Requirements for Development Projects.
V-1
to V-10
Special Requirements Applicable to Projects Financed
VI -I
Through the Issuance of Tax -Exempt Bonds or Notes
to VI -12
Sold to the Federal Financing Bank.
Insurance Requirements
VII -1
to VII -2
Form HUD -53012B
(7/95)
Applicability of Additional Requirements
Pursuant to Part B of this ACC
The HA shall comply with all additional requirements set forth in any applicable
attachments contained in this Part B to the ACC. The HA is responsible for determining
whether the following attachment(s) apply to the HA's project(s), and for determining the
extent to which they apply to a HA's projects. The HA shall not be relieved of its obligation
to comply with these requirements because of its failure to make an appropriate determination
of applicability.
(A) : Debt Forgiveness Requirements Applicable to Low Income Public and
Indian Housing Projects. (Applicable to all projects, except those financed by the HA's
issuance of tax-exempt bonds or by the sale of notes to the Federal Financing Bank.)
(B) AtUwbment 11: Special Requirements for Section 23 and Section 10(c) projects.
(Applicable to all projects developed pursuant to sections 23 or 10(c) of the Act.)
(C) Aftacbment M: Special Requirements for Turnkey III Homeownership Opportunities
Projects. (Applicable to all projects operating pursuant to the Turnkey III Homeownership
Opportunities program.)
(D) At#ashment IV: Special Requirements for Mutual Help Homeownership Projects.
(Applicable to all projects operating pursuant to the Mutual Help Homeownership program.)
(E) Atacbment V: Special Interim Requirements for Development Projects. (Applicable,
on an interim basis, to all projects being developed, or proposed to be developed, by a public
housing authority under the Act.)
(F) Attachment VI: Special Requirements Applicable to Projects Financed Through the
Issuance of Tax -Exempt Bonds or Notes Sold to the Federal Financing Bank. (Applicable to
all projects financed through the issuance of tax-exempt bonds or through notes sold to the
Federal Financing Bank.)
(G) At moment VII: Insurance Requirements. (Applicable to all projects.)
Form HUD-530VZ
-i- (7/95)
ATTACEN[ENT I
Debt Forgiveness Requirements Applicable to
Low Income Public and Indian Housing Projects
Section
Page
Section 1 Limitations on Forgiveness of Debt. I-1
Section 2 Maximum Amount That May Be Forgiven. I-1
Section 1 - Limitations on Forgiveness of Debt.
(A) Section 4(a) of the Act authorizes HUD to make loans to HAs to help finance the
development or modernization of low income housing projects by such agencies. Section 5(a)
of the Act authorizes HUD to make annual contributions to HAs, which may in no case exceed
the annual debt service payable by such HAs to finance the development or modernization cost
of the project involved.
(B) Section 3004 of the Housing and Community Development Reconciliation Amendments of
1985 added section 4(c) to the Act to provide that each loan made by HUD under section 4(a)
that has any principal amount outstanding or any interest amount outstanding or accrued that is
repayable from debt service annual contributions shall be forgiven and any promise to repay
principal and interest in a loan contract shall be cancelled. Section 4(c) further provides that
such cancellation of a promise to repay principal and interest shall not affect any other terms and
conditions of the ACC, which shall remain in effect as if the cancellation had not occurred.
(C) The forgiveness provided under section 4(c) is limited to loans held by HUD, repayment
of which was to be made using annual contributions and does not extend to indebtedness of HAs
to holders of bonds or notes sold to the Federal Financing Bank or otherwise, or under
indebtedness to HUD not to be paid from annual contributions.
Section 2 - Maidmum Amount That May Be Forgiven.
The outstanding principal balance and interest due on loans held by HUD made under
section 4 of the Act for the development or modernization of such project, shall be forgiven, not
to exceed a maximum principal amount equal to the Actual Development Cost (or Actual
Modernization Cost) for such project, and interest thereon. Excess financing, with interest
thereon until paid, shall not be forgiven.
. Form HUD -53012B
Attachment I - page 1 of 1 (7/95)
ATTACIBIENT II
Special Requirements for Section 23 and Section 10(c) Projects
Section Page
Section 1 General Requirements Applicable to II -1
Section 23 and Section 10(c) Projects.
Section 2 Special requirements Applicable Only to Section 23 Projects II -2
Section 1 - General Requirements Applicable to Section 23 and Section 10(c)
Projects.
(A) Subject to reduction as herein provided, HUD shall pay Basic Annual Contributions to
the HA with respect to each dwelling unit in a Section 23 or Section 10(c) project in the
amount allocable to dwelling units of its size for each fiscal year in which the dwelling unit is
under lease to the HA.
(B) Provided that the total estimated number of dwelling units of all sizes is not exceeded,
the HA may lease any combination of the various sizes of dwelling units but shall not lease
more than 125 % of the estimated number of dwelling units of any specified size without the
prior approval of HUD. Notwithstanding the number and size of dwelling units leased by the
HA, HUD shall not be obligated to make Basic Annual Contributions with respect to the
project for any period in excess of the amount of the Basic Annual Contributions established
in this ACC.
(C) Following the end of each fiscal year, the HA shall promptly pay to HUD (unless HUD
approves an alternative disposition), the amount of Basic Annual Contributions paid to the
HA for such fiscal year with respect to any dwelling unit (1) which the HA did not place
under lease; or (2) which may be attributable to: (i) a period prior to the effective date of the
lease covering the dwelling unit, or (ii) subsequent to the date of termination of the lease
covering any dwelling unit, or (iii) for which the HA is not obligated to pay rent under the
lease covering any dwelling unit. Amounts in relation to item (2) above, shall be determined
on the basis of 1/365th of the annual amount allocable to the dwelling unit for each day.
(D) The HA shall proceed expeditiously with the leasing of the maximum number of units
authorized for use and occupancy by eligible families. If the HA does not proceed
expeditiously with the leasing of dwelling units in the project, HUD may, by notice to the
Form HUD -53012B
Attachment II - page 1 of 3 (7/95)
HA, reduce its obligation to pay annual contributions with respect only to the number and
sizes of dwelling units under lease to the HA at the date of the HA's receipt of such notice.
(E) The HA shall promptly commence and conduct a continuing survey and listing of
available dwelling units that will provide decent, safe, and sanitary dwelling accommodations
and related facilities and that are, or may be made, suitable for use as low -rent housing. The
HA shall inspect each dwelling unit and shall maintain a current list of approved dwelling
units for the project consistent with the need and demand of eligible families for such units.
(F) The initial term of any lease shall be for not less than twelve months nor more than one
hundred and twenty (120) months. Each lease may contain a provision for renewal,
provided that no such renewal shall result in a total term exceeding one hundred and eighty
(180) months for an existing structure or two hundred and forty (240) months for a new
structure.
(G) The HA shall not lease more than one dwelling unit in a structure containing ten or less
dwelling units or more than 10% of the dwelling units (counting any fraction as one dwelling
unit) in a larger structure except to the extent that the HA determines that such limit should
not be applied.
(H) The books of account and records of the HA shall be maintained in such manner as will
at all times show the operating receipts, derating expenditures, and reserves for the project
separate and distinct from all other projects under this ACC. All annual contributions
received by the HA in connection with the project shall constitute operating receipts of the
project.
(I) The HA hereby pledges the Basic Annual Contributions payable with respect to a Section
23 or Section 10(c) project to the payment of its obligations incurred under this ACC in
connection with such project(s).
(J) Upon the occurrence of a substantial default with respect to the project, the HA shall, if
HUD so requires, assign to HUD all of its rights and interests in and to the project, or such
part thereof as HUD may specify. HUD shall continue to pay the Basic Annual
Contributions with respect to the dwelling units and for the terms of the leases so assigned to
HUD, and to otherwise operate such units in accordance with the terms of this ACC until
reassigned -to the HA. After HUD is satisfied that all defaults with respect to the project have
been cured and that the project will thereafter be operated in accordance with the terms of
this ACC, HUD shall reassign to the HA all of HUD's rights and interests in and to the
project, as such rights and interests exist at the time of such reassignment.
Section 2 - Special Requirements Applicable Only to Section 23 Projects.
(A) A HA with a Section 23 tax-exempt bond -financed project must also comply with the
additional requirements set forth in Attachment VI to this ACC.
Form HUD -53012B
Attachment II - page 2 of 3 (7/95)
(B) In addition to project reserves remaining at the end of the lease term, funds returned to
the HA by a bond trustee at the end of the bond term, or returned to a leased housing
corporation created by an HA for the purpose of developing a Section 23 tax-exempt bond -
financed project, shall be disbursed as directed by HUD.
(C) Section 23 private -owner financed projects are not subject to the requirements of
section 6, Part A, of the ACC ("Cooperation Agreement(s)"), including the making of
payments in lieu of taxes provided therein.
Form HUD -53012B
Attachment iI - page 3 of 3 (7/95)
ATTACHMENT III
Special Requirements for Turnkey III
Homeownership Opportunities Projects
Section Page
Section 1 Homebuyers' Ownership Opportunity Agreement. III -1
Section 2 Books of Account. iII-1
Section 3 Application of Purchase Payments. III -i
Section 2 - Homebuyers' Ownership Opportunity Agreement.
(A) The HA agrees to operate its Turnkey III project(s) in accordance with the regulations and
guidelines for the Turnkey III Homeownership Opportunities Program for Low -Income Families,
as prescribed by HUD. The HA shall enter into a Homebuyers' Ownership Opportunity
Agreement (HOOA), in the form prescribed by HUD, with the occupant of each dwelling in the
project. The HOOA shall provide for the ultimate ownership of the dwelling by the occupant
who has performed all the obligations and conditions required by the HOOA.
(B) Failure of the HA to enter into such HOOA at the time and in the form prescribed by HUD,
failure to perform any obligation imposed under such agreement, or failure to meet any other
obligation under this ACC shall constitute a substantial default under the ACC.
Section 2 - Books of Account.
The books of account and records of the HA shall be maintained in accordance with the HOOA
as well as other provisions of this ACC and in such manner as will at all times show the
operating receipts, operating expenditures, reserves, and other required accounts for the project
separate and distinct from all other projects under this ACC.
Section 3 - Application of Purchase Payments.
All funds held or received by the HA that are applied to payment of the purchase price of a home
by a Homebuyer shall be used or disposed of by the HA as authorized by HUD in applicable
statutes, executive orders, regulations, or contractual documents governing the use of proceeds
of sale.
Form HUD -53012B
Attachment III - page 1 of (7/95)
ATTACHMENT IV
Special Requirements for Mutual Help Homeownership Projects
Section
Section I
Annual Contributions Contract.
Section 2
MHO Agreement.
Section 3
Books of Account.
Section 4
Application of Purchase Payments.
Section 1 - Annual Contributions Contract.
Page
IV -1
IV -1
IV -2
IV -2
The IHA agrees to develop and operate its Mutual Help project(s) in compliance with any
applicable HUD regulations and guidelines for the Mutual Help (MH) Homeownership
Opportunity Program, and in accordance with all contractual obligations imposed upon the IHA
by the Mutual Help and Occupancy Agreement (MHO Agreement).
Section 2 - MHO Agreement.
(A) The MH Program provides low income families with an opportunity to become homeowners
in return for the families' agreement to make a minimum contribution toward the development
cost of a project, to maintain the home, and to perform all duties of a homebuyer under a MHO
Agreement.
(B) As units become available, the IHA shall execute a MHO Agreement, in the form prescribed
by HUD, with each eligible family. The IHA shall ensure the homebuyer's compliance with all
applicable provisions of the MHO Agreement, and shall be responsible for ensuring that the
Mutual Help unit is maintained in a decent, safe and sanitary condition, notwithstanding the
homebuydr's failure to meet his or her obligation for maintenance under the MHO Agreement.
(C) The IHA shall ensure that each home in a MH project is used, unless otherwise approved
by HUD, solely in accordance with a MHO Agreement executed with an eligible homebuyer.
(D) The IHA's failure to enter into a MHO Agreement with an eligible family for an available
home in a Mutual Help project at the times required by HUD, constitutes a substantial default
under this ACC.
Form HUD -53012B
Attachment IV - page 1 of 2 (7/95)
Section 3 - Books of Account.
The IHA shall maintain books of amount and records in accordance with the requirements of the
MHO Agreement and any HUD requirements. The books of account and records shall be
maintained in such manner as will at all times show the operating receipts, operating expenses,
reserves, and other required accounts for the project separate and distinct from all other projects
under this ACC.
Section 4 - Application of Purchase Payments.
All funds held or received by the IRA from a homebuyer for the purchase of a MH unit shall
be used or disposed of by the IHA as authorized by HUD in applicable statutes, executive orders,
regulations, or contractual documents governing the use of proceeds of sale.
Form HUD -53012B
Attachment IV - page 2 of 2 (7/95)
ATTACHMENT V
Special Interim Requirements for Development Projects
Section Page
Section 1
Acquisition of Project Sites.
V-1
Section 2
Architectural and Engineering Services.
V-2
Section 3
Main Construction Contract and Other Contracts.
V-3
Section 4
Taking of Bids.
V-3
Section 5
Liquidated Damages.
V-4
Section 6
Subcontracts and Assignments.
V-4
Section 7
Prevailing Salaries or Wages During Development.
V-4
Section 8
Copeland Act; Contract Work Hours Standards Act.
V-5
Section 9
Wage Claims and Adjustments.
V-6
Section 10
Payrolls and Related Reports.
V-6
Section 1 I
Other Labor Provisions.
V-7
Section 12
Retention of Contract Rights and Change Orders.
V-7
Section 13
Payment to Contractors.
V-8
Section 14
Acceptance of Contract Work and Completion of Contracts.
V-8
Section 15
Development Cost.
V-9
Section 16
Development Cost Budgets.
V-9
Section 17
Actual Development Cost.
V-10
In addition to the requirements codified at 24 CFR part 941, this attachment lists interim
requirements applicable to projects being developed, or proposed to be developed, by a public
housing agency. The provisions of this attachment shall expire upon HUD's issuance, for effect,
of an interim or final regulation to replace the rule promulgated at 45 FR 60838 (September 12,
1980; 24 CFR part 941, and all subsequent amendments to that rule). This attachment does not
apply to Indian housing development, which is governed by regulations codified at Title 24 of
the Code of Federal Regulations.
Section 1 - Acquisition of Project Sites.
(A) The HA, unless HUD otherwise approves, shall provide by contract for necessary services
of experts in their respective fields for land surveys, title information, and legal services for land
Form HUD -530128
Attachment V - page 1 of 11 (7/95)
acquisition, appraisals and option negotiations, in accordance with HUD requirements. Approval
of such contracts by HUD shall be required if the fees provided therein exceed the maximum
amounts then prescribed by HUD. Such contracts shall not be entered into with respect to any
project site prior to tentative approval by HUD of such site. The HA shall not undertake to
acquire real property unless HUD has approved the acquisition thereof for a project.
(B) The HA, unless HUD otherwise approves, shall obtain a formal appraisal(s), as required
by HUD, on each parcel and obtain HUD approval before taking an option, instituting
condemnation proceedings, or acquiring title thereto, and shall conduct all negotiations for the
acquisition of real property in accordance with regulations and requirements prescribed by the
United States Government. In no case shall persons who have made such appraisals be employed
to negotiate options.
(C) The HA shall not accept any option for, institute, accept awards under (except as required
by applicable law), or appeal any condemnation proceedings for, or otherwise acquire any
portion of the site for any project until it has submitted such data with respect thereto as HUD
may require, and has obtained the approval of HUD of such action. The HA shall appeal any
condemnation award if requested to do so by HUD.
(D) The HA shall acquire good and valid title to the site of each project free and clear of any
mortgage, lease, lien, or encumbrance of any nature whatsoever, other than such leases, use
restrictions, zoning ordinances, building restrictions, easements, or rights-of-way as will not,
in the determination of the HA approved by HUD, adversely affect the value or usefulness of
such site for the project.
(E) Upon the vesting of title to the site of each project in the HA and the due recording of deeds
or other documents required to be recorded in order to protect such title, the HA shall furnish
to HUD a final report on completed land acquisition, together with two copies of. (1) title
insurance policies; or (2) title certificates; or (3) attorneys' opinions, showing that the HA has
good and valid title, as described in subsection (D) hereof, to the entire site of such project, and
that such deeds or other documents have been duly recorded or filed for record wherever
necessary to protect such title.
Section 2 - Architectural and Engineering Services.
The HA shall furnish HUD, at such time(s) as HUD may require, and in any event prior to the
release of any document for the taking of bids, evidence satisfactory to HUD, showing that the
plans, drawings, specifications, and related documents are in accordance with the provisions of
this ACC and with all applicable laws, ordinances, and regulations, except to the extent that valid
waivers have been obtained from the appropriate authorities. The HA shall obtain all necessary
permits or approvals of State and local housing, planning, zoning, building, and other boards,
bodies, or officers having jurisdiction. and shall furnish to HUD a certificate listing such
Form HUD -53012B
Attachment V - page 2 of 11 (7/95)
approvals bt.fory any Main Consouction Contract is let.
Section 3 •- Main Construction Contract and mer Contracts,
(A) "Main Constriction Wcark" for any project shall mean all. physical construction work,
xnaterials, and ecluipment in connection with wch preisct cxcept demolition, lawns and planting,
anti dhe furnishing of movabie equipment. "Mair, Constrw.- ion Clontrac-C shall mean any
contract covering alp. or any part of the Main Consmiction Wori4 . "Constriction or Equipment
Contract" shall mear; any contract e:ewc-ing all or any parr of the Dain Const -u: tion �T rk, or
covering demolition, Iawn andnlanting, or the f+srnishing of movable equip.lneiit.
(B) Unless otherwise. r,equiFby appiicabie Mate laws, the Mair C-Onsru:;t on Work for each
prom * shall be: performed _t ider one cnnaact, except that Hl"la, capon tibm-ission of evidentz
sansfactcry to :t ihar ,uc, ar,,JcP is in the gest =merest of the develooment of the project, may
approve: (i ) F--,Wi aw C.()mTacts for foundations or for any or all eiements of site improvernents,
eo be. entrreA into ziriot to the exec-ation ref rZmzar is for rbc;- r!A-main.der of the Maud Construction --
Work: f2) separate (-:ontravt,,,, fops . y or AH o hie msec arwr i trades: -o he entered Into at the
saner' te.ine as the csntrsr.tc ¢or thf� rc-mai'nder of the Mai^ Cons -motion Work. or (A) separate
conttactc for specif : builtNigs .-)r gro,lps ol iiif.ildings -�o be developed concurrently or
consecutiveiv.
(t`) Demoiit_icn, lG s a., :Vc mantic:.. and he Nrnishing of movable equipment may le
t-,e.riornled-nn4jer -,-Pal.-at: may lbs i.rsclude`.d ir, ihe �-'wnc i::1T1itT,34t(F"` as the kiair
(0) - it Main cons r rrIon Work axzd. demoliO n, lawns ant! pla.n4i.n , a:ad the _urrishilig of
movable equipment . r! be erforn;ed cinder co ncracm. w--6 no part of such work
shall, a less approved in HUI , be, rvrforz: ed by fora; ac ourit.
Se -Won 4 raking of Bids.
W) The HA shall not request altername bids (e.g., two different struewral systems). Instead,
the HA may spezify the most expensive system as the, ba%-, hid and list deductive alternates in
inverse priority girder sc. that ',n.. *aye ca.3e sof a budget'overnuri, they may be taken in numerical
order as lasted u)1lJ". ?aleauvard cw, iX; nz ode within .%'! ajiabie Binds,
(BC) Each bidder fol• an; ,)f the Cntisrruction or Fquapmert f:ontractc (except demolition t -
contracts) shall, unless HUD otherwise appr(y-cs- I. -)c- required to furnish a bid gond or equivalent
guarantee, ir, accordar:ci,- with rcqulreme:-rs set fw7h in. T'itie 24 of the Code of Federal
Regulations. Bidde-s fo;° -iemolition cknitracrs shall, sinless tiiU? otherwise approves, be required j
to furnish a bid bond or wquivaieri guarantee in wi amount not less than tern p;;rcpnt of the cost �
of labor, materals, hauiing, Pndall oilier incidental expenses, as estimated by the HA,, necessary
i
Form HUD -530128
�,,ttachment V pagc: 3 of i i ( r 1955)
i
to perform the work under the demolition contract, without regard to the value of salvage.
Section 5 - Liquidated Damages.
Each Construction or Equipment Contract shall include provisions, in form and substance
satisfactory to HUD, for liquidated damages in the event of delay in the performance of such
Construction or Equipment Contract, unless HUD approves the omission of such provisions.
Section 6 - Subcontracts and Assignments.
(A) The HA shall ensure that no subcontractor proposed to carry out work under this ACC is
subject to debarment, suspension, or is otherwise ineligible to participate in a Federal assistance
program, pursuant to Title 24 of the Code of Federal Regulations.
(B) Each Construction or Equipment Contract shall provide that: (1) the contractor shall make
no assignment thereof (other than an assignment of the monies due or to become due thereunder
to a bank or financial institution) without the prior approval of the HA, which approval may be
given only with respect to a responsible assignee who shall furnish performance and payment
bonds in accordance with Title 24 of the. Code of Federal Regulations; and (2) such Construction
or Equipment Contract may be assigned by the HA to any corporation, agency, or
instrumentality authorized to accept such assignment.
Section 7 - Prevailing Salaries or Wages During Development.
(A) Each contract entered into by the HA in connection with the development of any project
under which any architects, technical engineers, or technicians are employed shall provide that
the HA will not make any payment under such contract unless and until the HA has received a
signed statement from the contractor that such contractor and each of his or her subcontractors
has made payment to each class of employees in compliance with the applicable prevailing
wages, as set forth in Title 24 of the Code of Federal Regulations. The HA shall not make any
such payment unless and until it has received such signed statement.
(B) Each contract referred to in subsection (A) entered into by the HA shall require that if the
contractor or any of his or her subcontractors finds it necessary or desirable to exceed the
prevailing salary or wage rates specified in his or her contract, any expense incurred by the
contractor or subcontractors because of the payment of salaries or wages in excess of such
amounts shall not be cause for any increase in the amount payable under the contract. The HA
shall not consider or allow any claim for additional compensation made by the contractor or
subcontractors because of such payments.
Form HUD -53012B
Attachment V - page 4 of 11 (7/95)
Section 8 - Copeland Act; Contract, Work Hours Standards Act.
(A) The HA shall incorporate in each contract entered into by it in connection with the
construction, prosecution, completion or repair of the projects the following:
"mpliance with Copeland Regulations. The contractor shall comply with the Copeland
Regulations (29 CFR Part 3, or any successor provision) of the Secretary of Labor which
are herein incorporated by reference."
(B) The HA shall incorporate in each contract entered into by it that may require the
employment of laborers or mechanics the following:
"Contract Work Hours Standards Act - Overtime Compensation.
As used in these paragraphs, the terms "laborers" and "mechanics" include
watchmen and guards.
(1) Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work that may require or involve the employment
of laborers or mechanics shall require or permit any laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of
eight hours in any calendar day or in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times his or her basic rate of pay for all hours worked in
excess of eight hours in any calendar day or in excess of forty hours in such
workweek, as the case may be.
(2) Violations; liability for unQaid wam;liguidated g**�a_ . In the event
of any violation of the clause set forth in subsection (11)(1), the contractor and
any subcontractor responsible therefor shall be liable to any affected employee
for his or her unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States for liquidated damages. Such liquidated damages
shall'be computed with respect to each individual laborer or mechanic employed
in violation of the clause set forth in subsection (11)(1), in the sum of $10 for
each calendar day on which such employee was required or permitted to work in
excess of eight hours or in excess of the standard forty hours without payment
of the overtime wages required by the clause set forth in subsection (13)(1).
(3) Withholding for liquidated damam. The HA may withhold or cause to
be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor, such sums as may administratively be determined
to be necessary to satisfy any liabilities of such contractor or subcontractor for
Form HUD -53012B
Attachment V - page 5 of 11 (7/95)
liquidated damages as provided in the clause set forth in subsection (B)(2).
(4) Subcontracts. The contractor shall insert in any subcontracts the clauses
set forth in subsections (B)(1), (2), and (3) of this paragraph and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts that they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
Section 9 - Wage Claims and Adjustments.
Each contract entered into by the HA shall provide that in cases of underpayment of salaries or
wages to any architects, technical engineers, draftsmen, technicians, laborers, or mechanics by
the contractor or any of his subcontractors, the HA may withhold from such contractor out of
payments due, an amount sufficient to pay persons employed on the work covered by the
contract the difference between the salaries or wages required to be paid under the contract and
the salaries or wages actually paid such employees for the total number of hours worked, and
shall further provide that the amounts withheld may be disbursed by the HA for and on account
of the contractor or the subcontractor to the respective employees to whom they are due. The
HA shall in cases of such underpayment withhold such monies and any amounts of liquidated
damages due the United States in connection with violations of overtime compensation
requirements of the Contract Work Hours Standards Act: provided, That the HA shall not be
considered in default under this sentence if it has in good faith made payments to the contractor
in reliance upon a signed statement of the contractor that the salaries and wages required under
this contract have actually been paid.
Section 10 - Payrolls and Related Reports.
(A) Each contract identified in subsection (A) of section 7 of this Attachment V shall also
require that payrolls and basic records relating thereto will be maintained during the course of
the work and preserved by the contractor and his or her subcontractors for a period of three
years thereafter for all laborers and mechanics employed in the development of the project. Such
records shall contain the name and address of each such employee, his or her correct
classification, rates of pay (including rates of contributions or costs anticipated of the types
described in section 1(b)(2) of the Davis -Bacon Act, or any successor provision), daily and
weekly number of hours worked, deductions made, and actual wages paid. Whenever the
Secretary of Labor has found under the Contract Work Hours and Safety Standards Act that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon
Act (or any successor provision), the contractor shall maintain records that show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records that show the costs anticipated or the actual cost incurred in
Form HUD -53012B
Attachment V - page 6 of 11 (7/95)
providing such benefits.
(B) The contractor shall be required to submit weekly to the HA such copies and summaries (on
forms prescribed by HUD and furnished by the HA) of all of his or her payrolls and those of
each of his or her subcontractors, as the HA or HUD may require. Each such payroll and
summary shall be accompanied by a statement signed by the employer or his or her agent
indicating that: (1) such payroll is correct and complete; (2) the wage rates contained therein are
not less than those determined by the Secretary of Labor; and (3) the classifications set forth for
each laborer or mechanic conform with the work performed. The contractor shall be required
to make his or her employment records available for inspection by authorized representatives of
the HA, HUD, and the Department of Labor and to permit such representatives to interview
employees during working hours on the job.
Section 11- Other Labor Provisions.
(A) All disputes concerning the payment of prevailing wage rates or classifications arising under
this ACC or under any contract entered into by the HA involving: (1) significant sums of money;
(2) large groups of employees; or (3) novel or unusual situations, shall be promptly reported to
HUD for decision or, at the option of HUD, referral to the Secretary of Labor. The decision
of HUD or the Secretary of Labor, as the case may be, shall be final. Each contract entered into
by the HA shall embody the provisions of this paragraph.
(B) All questions arising under this ACC or under any contract relating to the application or
interpretation of the Copeland Act or the Contract Work Hours Standards Act shall be referred
to the Secretary of Labor for ruling or interpretation, and such ruling or interpretation shall be
final. Each contract entered into by the HA shall embody the provisions of this subsection.
Section 12 - Retention of Contract Rights and Change Orders.
(A) With respect to all contracts entered into by the HA in connection with the development of
any project, the HA: (1) except in an emergency endangering life or property, shall not, without
HUD approval, amend, modify, or consent to any change in any such contract or contractual
provision that is required by this ACC to be approved by HUD; (2) shall at all times retain,
preserve, and enforce all its rights under all such contracts; and (3) shall not, without the prior
approval of HUD, waive, release, or compromise any right or claim that it may have under any
such contract.
(B) Each Construction or Equipment Contract shall contain the following provision:
"Except in any emergency endangering life or property, no change shall be made by the
contractor unless he or she has received a prior written order from HUD approved on its
face by HUD authorizing the change, and no claim for an adjustment of the contract price
Form HUD -53012B
Attachment V - page 7 of 11 (7/95)
or time shall be valid unless so ordered."
Section 13 - Payment to Contractors.
(A) Each Construction or Equipment contract may provide for partial payments by the HA to
the contractor. In such event, the Construction or Equipment Contract shall provide that the —
contractor shall supply to the HA, in a form satisfactory to HUD, a detailed estimate showing
a complete breakdown of the contract price. Partial payment shall be made in accordance with
periodic estimates based upon said detailed breakdown and with appropriate supporting data. _
The periodic estimates shall cover work performed (including materials delivered to and properly
stored on the site with the approval of the HA) during the preceding period, and shall be duly
certified and approved by persons designated by the HA. In making periodic partial payments,
the HA shall retain at least 10 percent of the amount of each periodic estimate until final —
completion and acceptance of all work covered by the particular contract: Provided, That after
one-half of the work has been completed, and if the work is progressing satisfactorily and —
continues to so progress, the HA may make the remaining partial payments in full for the work _
subsequently completed.
(B) Each Construction or Equipment Contract shall provide that final payment to the contractor
by the HA of amounts retained under subsection (A) shall not be made until: (1) the contractor
has furnished a release, in a form approved by HUD, of all claims against the HA arising under
and by virtue of such Construction or Equipment Contract, or other than such claims, if any (the
basis, scope, and amount of each of which are clearly defined and stated) as may be specifically
excepted by the contractor from the operation of such release; and (2) the contractor has
furnished evidence satisfactory to the HA that the contractor has paid, and that his or her
subcontractors have paid, all sums due to laborers, mechanics, and materialmen.
Section 14 - Acceptance of Contract Work and Completion of Contracts.
(A) Each Construction or Equipment Contract shall require that the work covered thereby shall
be completed within the time specified therein and such extensions as may be granted by the HA.
The HA shall grant no such extension without approval thereof by HUD.
(B) With respect to each Construction or Equipment Contract, the HA may accept the work
thereunder in parts or in its entirety. Such acceptance may be acceptance of the work involved
either as: (1) fully complete and satisfactory; or (2) completed but with an adjustment in price
for noncompliances; or (3) completed subject to the correction of specific minor items. No work
shall be so accepted by the HA unless such acceptance is approved by HUD, or HUD has waived
such approval: provided, That the HA may accept work required in the correction of specific _
minor items without the approval of HUD.
(C) After acceptance of all work (including the correction of any specific minor items) under
Form HUD -53012B
Attachment V - page 8 of 11 (7/95)
each Construction or Equipment Contract, the HA shall submit for approval by HUD a
certificate of: (1) full completion; or (2) full completion but with an adjustment in price for
noncompliances, and shall include in such certificate a statement of the final amount due and
payable to the contractor.
Section 15 - Development Cost.
(A) "Date of Full Availability" with respect to each project shall mean the last day of the month
in which substantially all dwelling units in such project became available for occupancy.
(B) "Initial Operating Deficit" of any project as of the end of the Initial Operating Period
thereof shall mean the amount, if any, by which the Operating Expenditures thereof to such date
exceeded the Operating Receipts.
Section 16 - Development Cost Budgets.
(A) Until such time as a budget of Development Cost (herein called "Development Cost
Budget") is approved by HUD for any project, the breakdown of the Maximum Development
Cost set forth in the applicable Development Program shall constitute the approved Development
Cost Budget for such project.
(B) At the time the HA requests HUD approval of the award of contracts for the Main
Construction Work of any project, it shall submit for HUD approval a Development Cost Budget
for such project that shall be based upon: (1) the amount of the proposed award(s); (2) costs and
obligations incurred to such date; (3) the estimated amount of costs and obligations not yet
incurred; and (4) an allowance for contingencies in such amount as HUD may approve.
(C) In the event that in the judgment of the HA it appears necessary with respect to any project
to incur Development Cost in excess of the total amount shown in the last previously approved
Development Cost Budget for such project, or that it appears necessary with respect to any of
the main classifications of Development Cost to incur costs in excess of the amount shown
therefor in the last previously approved Development Cost Budget for such project plus the share
of the allowance for contingencies allocated to such main classifications, or if for any other
reason the HA deems it advisable, it may prepare and submit to HUD for its approval a revised
Development Cost Budget for such project.
(D) Not earlier than six months nor later than twenty-four months after the Date of Full
Availability of each project, the HA shall submit for HUD approval a final Development Cost
Budget for such project which shall be based upon: (1) costs and obligations incurred to such
date including a reasonable allowance for disputed, contingent, or unliquidated liabilities, and
for legal and other costs and expenses in connection with the settlement of such liabilities; and
(2) the estimated amount of costs and obligations not yet incurred for work, equipment, and
Form HUD -53012B
Attachment V - page 9 of 11 (7195)
services deemed necessary for the completion of such project. No other allowance for
contingencies shall be included in such final Development Cost Budget.
(E) HUD shall promptly review each proposed Development Cost Budget and notify the HA of
its approval or disapproval thereof. If HUD disapproves any proposed Development Cost
Budget, the HA shall be so notified in writing and be furnished with a detailed explanation of
the reasons for such disapproval. Upon approval by HUD of any Development Cost Budget for
any project, such budget shall supersede all previously approved budgets for such project, and
the total of such budget shall thereafter and for all purposes of this ACC be the Maximum
Development Cost of such project, and shall for all purposes of this ACC correspondingly revise
the aggregate Maximum Development Cost of all the projects.
(F) The HA shall not with respect to any project incur costs in excess of the amounts shown in
the last previously approved Development Cost budget for such controlled accounts as may be
specified by HUD.
Section 17 - Actual Development Cost.
(A) The HA shall, as promptly as possible consistent with the maintenance of its rights against
its contractors, settle and pay all disputed, contingent, or unliquidated items of Development
Cost on all projects.
(B) Whenever the HA shall be satisfied that all the development work on each project has been
properly completed, and that the entire Development Cost on such project (including all items
that may have theretofore been disputed, contingent, or unliquidated) has been fully paid, the
HA shall submit to HUD for its approval a certificate setting forth the total amount of the
Development Cost of such project (herein called the "Actual Development Cost"), stating that:
(1) all such development work has been completed; (2) the entire Development Cost of liabilities
therefor incurred by the HA have been fully paid; (3) there are no undischarged mechanics',
laborers', contractors', or material -men's liens on such project on file in any public office where
the same should be filed in order to be valid liens against such project; and (4) the time in which
such liens could be filed has expired. Upon approval by HUD, such certificate shall be known
as the "Actual Development Cost Certificate." The determination of the amount of the Actual
Development Cost contained in such Actual Development Cost Certificate so approved by HUD
shall be final and conclusive for all purposes of this ACC, and upon the determination of Actual
Development Cost, a copy of the approved Actual Development Cost Certificate shall be attached
to this ACC and shall be deemed to further amend the ACC to state the Actual Development
Cost.
(C) If the HA shall unduly delay in the submission of the Actual Development Cost Certificate
for any project, HUD may give notice to the HA that the amount of the Development Cost of
such project incurred to the date of such notice shall be considered to be the Actual Development
Form HUD -53012E
Attachment V - page 10 of 11 (7/95)
Y
Cost of such project, and such notice shall constitute the Actual Development Cost Certificate
for such project for all the purposes of this ACC, and shall be deemed to amend the ACC to state
the Actual Development Cost.
(D) Promptly after the issuance of the Actual Development Cost Certificate for any project the
HA shall: (1) if such project is then permanently financed, deposit any remaining balance of the
monies theretofore received for the purpose of the development of such project in the Advance
Amortization Fund; or (2) if such project is not then permanently financed, apply any such
remaining balance to the payment of outstanding Advance Notes or Temporary Notes issued in
connection with such project.
(E) Subsequent to the issuance of the Actual Development Cost Certificate for any project, no
cost for additional development work shall be incurred by the HA without the approval of HUD.
In the event that the HA and HUD agree that additional development work is necessary, the
Actual Development Cost Certificate shall be amended to include the cost of such additional
development work.
Form HUD -53012B
Attachment V - page 11 of 11 (7/95)
ATTACI HENT VI
Special Requirements Applicable to Projects Financed Through the
Issuance of Tax -Exempt Bonds or Notes Sold
to the Federal Financing Bank
Section Page
Section 1 Reconstruction and Restoration. VI -1
Section 2 Advances by HUD; Mortgage. VI -2
Section 3 Bond Resolutions and Fiscal Agent. VI -2
Section 4 Delivery of Bonds. VI -3
Section 5 Annual Contributions. VI -4
Section 6 Debt Service Fund. VI -7
Section 7 Advance Amortization Fund. VI -8
Section 8 General Limitations on Annual Contributions. VI -9
Section 9 Pledge of Annual Contributions. VI -9
Section 10 Refunding of Bonds. VI -10
Section 11 Faith of the United States Pledged to Payment of VI -10
Annual Contributions.
Section 12 Continuance of Annual Contributions. VI -11
Section 13 Rights and Obligations of HUD During Tenure VI -11
Under Section 18, Part A, of the ACC.
This attachment lists special requirements applicable to projects financed by tax-exempt bonds
or notes sold to the Federal Financing Bank. These requirements shall expire when all such
bonds and notes associated with a particular project are paid off.
Section 1 - Reconstruction and Restoration.
(A) If a project, or any portion of a project, is damaged or destroyed, the HA shall establish
promptly (by settlement approved by the HA and HUD, or by litigation) and collect all valid
claims which may have arisen against insurers or others based upon any such damage or
destruction. In addition, the HA shall reconstruct, restore or repair the project, except as
otherwise provided in this section.
Form HUD -53012B
Attachment VI - page 1 of 12 (7/95)
(B) The HA shall deposit into the General Fund the proceeds of any claims and any other
monies provided for the reconstruction, restoration, or repair of a project and shall reserve such
funds for these purpose(s). Unless otherwise approved by HUD, the HA shall use these funds
to pay for the cost of reconstructing, restoring, or repairing the project. Any funds that remain
after completing the work and paying off all costs associated with the work are to be applied as
follows: (1) to pay off any indebtedness that the HA may have incurred to provide such funds; —
(2) to reimburse any other reserve or other account that may have been used to provide the
funds; and (3) as unreserved Operating Receipts. —
(C) If the reconstruction, restoration, or repair of the project can be accomplished substantially
as one operation, is not to be performed by the HA's regular staff, and the estimated cost is in
excess of $10,000, the HA shall ensure that the work is done in compliance with the
requirements of section 5, Part A, of the ACC.
(D) Upon approval by HUD, the HA may determine that all or part of the damage to or
destruction of a project shall not be reconstructed, restored, or repaired. In such event, the HA
shall deposit into the Advance Amortization Fund the proceeds of any claims against insurers or
others as a result of the damage or destruction, to the extent these proceeds are not used to
reconstruct, restore, or repair the project.
Section 2 - Advances by HUD; Mortgage.
(A) Each advance provided by HUD to a HA for the development of a project shall be
evidenced by an obligation duly issued and delivered by the HA, in a form satisfactory to HUD,
which obligation shall bear interest at the applicable Loan Interest Rate from the date the advance
is made, and shall otherwise conform to the following:
(1) Each obligation (herein called a "Project Loan Note") evidencing an advance made for
the Development Cost of any project not permanently financed, together with interest on such
note, shall be due and payable on demand.
(2) Each obligation (herein called a "Permanent Note"), evidencing an advance made for
the development cost of any permanently financed project, together with interest on the Note,
shall (subject to the HA's right to prepay some or all of this amount) be payable on the first day
of the month following each Annual Contribution Date. Such amount is payable in annual
installments (applicable first to interest and then to principal) equal to the portion of the Debt
Service Annual Contribution allocable to the Note, in accordance with section 5(C) of this
Attachment. Each Permanent Note issued to refund or renew other Permanent Notes, in whole
or in part, shall be payable in installments equal to the installments payable upon the Notes so
refunded or renewed. Each Permanent Note shall further provide that the holder of the Note
may declare the Note to be due and payable in full at any time: (1) when there is any default in
the payment of any installment of principal or interest; or (2) when the HA is in substantial
Form HUD -53012B
Attachment VI - page 2 of 12 (7/95)
default; or (3) upon the termination of this ACC.
(B) HUD shall not demand payment of, nor pledge, sell, or otherwise disposnotice fOf any PrOject
Loan Note unless: (1) the HA is in substantial default; or (2) HUD has given
the
termination of this ACC in accordance with section 17(H), Part A, of this ACC.
(C) Each Project Loan Note or Permanent Note issued in connection with a deed of rtrustt osr other
secured, to the extent authorized or permitted by law, by a mortgage
equivalent lien upon the project.
Section 3 - Bond Resolutions and Fi"21 Agent.
(A) Before the delivery of the first issue of bonds, the HA shall enter into, d HUD. Immereafter
maintain, a fiscal agency agreement, in substantially the form prescribed by
tely
upon executing the agreement, the HA sHUIfurnish HUD with executed or conformed copies
of the agreement as may be required by
(B) The Fiscal Agent named in the Bond Resolutions in connection with the first issue of Bonds
shall also be named as Fiscal Agent in all subsequent Bond Resolutions, and shall administer the
Debt Service Fund and the Advance Amortization ther data elating to a�ccosunts uender this ACire the C as may
Agent
to furnish HUD with such reports
reasonably be required by HUD.
Section 4 - Delivery of Bonds.
(A) Delivery of (including payment for) each issue of Bonds shall be made at the time and place
established in the terms of the offering.
(B) At such time all amounts paid by purchasers of the bonds on account of accrued interest
shall be paid to the Fiscal Agent for depositFiscal Agent foebt �deposirvice F in the Advance Amortization
d, and all amounts paid on
account of premiums shall be paid to the g
Fund or, with the approval of HUD, be used for the repurchase of bonds.
(C) At such time, and as a condition precedent to the delivery of such bonds, the HA shall
deposit or cause to be deposited with the Fiscal Agent in the Debt Service Fund from the bond
proceeds (or from any other monies of the HA, including monies available for such purpose
under section 5(C)(6) of this Attachment) an amount equal to: (1) the interest on the issue of
bonds becoming due and payable six months after the Bond Date of such issue, less (2) any
portion thereof deposited in the Debt Service Fund on account of accrued interest, and less (3)
any amount which may then be on deposit in the Debt Service Fund for such purpose.
Form H[TD-53012B
Attachment VI - page 3 of 12 (7195)
(D) At such time, and as a condition precedent to the delivery of such bonds, the HA shall
advance or cause to be advanced from the bond proceeds (or from any other monies of the HA)
to the Fiscal Agent for deposit in the Debt Service Fund an amount equal to: (1) the interest on
such issue of Bonds becoming due and payable twelve months after the Bond Date of such issue,
less (2) any portion thereof deposited in the Debt Service Fund on account of accrued interest.
At a later date, the HA shall be reimbursed by the Fiscal Agent for such advance in accordance
with section 6(E) of this Attachment.
(E) At such time the HA shall pay or cause to be paid from the bond proceeds (or from other
monies of the HA) the principal of and interest on all outstanding Project Loan Notes, Permanent
Notes, and Project Notes to the extent that the principal of such Notes includes an amount for
any part of the Development Cost financed by such issue of Bonds.
(F) Upon delivery of the first issue of Bonds to finance any part of the Development Cost of a
Project, such Project shall be considered to be "Permanently Financed."
(G) If, at the time of the delivery of an issue of Bonds, the HA does not have available the
amount set forth in subsection (D) of this section to advance to the Fiscal Agent for deposit in
the Debt Service Fund, HUD shall advance on account of the loan herein provided an amount
equal to such deficiency. Such advance shall be made and deposited in the manner described in
subsection (D) of this section, but shall not be included in the amount of the Minimum
Development Cost of any project. The Fiscal Agent shall, on behalf of the HA, reimburse HUD
for such advance at the time and in the manner provided for reimbursement of similar advances
to the HA, in accordance with section 6(E) of this Attachment. Such advance shall bear interest
at the Loan Interest Rate and the interest shall be paid from Operating Receipts as an Operating
Expenditure.
Section S - Annual Contributions.
(A) HUD shall make annual contributions to the HA for each project. Such annual
contributions shall include Debt Service Annual Contributions (or Basic Annual Contributions
in respect to Leased Housing projects) and Additional Annual Contributions pursuant to section
11, Part A, of the ACC. HUD (1) shall make Debt Service Annual Contributions to the HA for
each permanently financed project; and (2) may, in its determination, make Debt Service Annual
Contributions to the HA for each project that is not permanently financed. The date upon which
each Debt Service Annual Contribution is payable (except the first Debt Service Annual
Contribution with respect to a project not permanently financed, which may be made available
as of the Date of Full Availability of such project) shall be known as the "Annual Contribution
Date." If the Annual Contribution Date is not specifically set forth in this ACC, it shall be
deemed to be the fifteenth day of the fourth, fifth or sixth month of the fiscal year, as determined
by HUD.
Form. HUD -5301.2B
Attachment VI - page 4 of 12 (7/95)
(B) The first Debt Service Annual Contribution with respect to each permanently financed
project shall be due and payable on the Annual Contribution Date which is seventeen months and
fourteen days after the Bond Date of the first issue of bonds issued to finance any part of the
development cost of the project. For projects that are not permanently financed, the first Debt
Service Annual Contribution may be made available as of the Date of Full Availability of the
project and shall be determined in accordance with subsection (C)(1)(d) of this section 5. If the
first Debt Service Annual Contribution for a project is made available as of the Date of Full
Availability of the project, the second Debt Service Annual Contribution with respect to the
project may be made on the Annual Contribution Date that occurs not less than twelve months
subsequent to the Date of Full Availability. Subsequent annual contributions shall be due and
payable on each Annual Contribution Date thereafter.
C) On each Annual Contribution Date, HUD shall pay (subject to reduction as provided in this
section 5) Debt Service Annual Contributions for each project for which any Debt Service
Annual Contributions are then payable.
(1) The amount of the Debt Service Annual Contribution shall be equal to the sum of the level
debt services of all unmatured issues of bonds, bearing a Bond Date not later than seventeen
months and fourteen days prior to such Annual Contribution Date, as specified in the applicable
Bond Resolution, plus an amount or amounts allocable to Permanent (or Project Loan Notes, as
follows:
(a) For each project that is permanently financed by an issue of bonds equal to the
minimum development cost first established for the project, an amount, as determined by
HUD, which if applied annually at the interest rate (adjusted to the nearest one-eighth of
one percent) charged the HA during the next preceding fiscal year in respect to the
unamortized portion of the minimum development cost of the project which exceeded as of
the last day of such fiscal year the principal amount of such issue of bonds would fully
amortize such portion not later than the first day of the month following the last Annual
Contribution Date for such project; and
(b) For each project that is permanently financed by an issue of bonds in an amount less
than the amount of the minimum development cost first established for the project, an
amount equal to (i) the applicable minimum loan interest rate times the amount by which
the minimum development cost as first established for the project exceeds the principal
amount of such issue of bonds, plus (ii) an amount, as determined by HUD, which if
applied annually at the interest rate (adjusted to the nearest one-eighth of one percent)
charged the HA during the next preceding fiscal year in respect to the portion of the
minimum development cost of the project which exceeds, as of the last day of the fiscal
year, the minimum development cost as first established for the project would fully amortize
such portion not later than the first day of the month following the last Annual Contribution
Date for the project, and (iii) commencing on the Annual Contribution Date next following
Form HUD -53012B
Attachment VI - page 5 of 12 (7/95)
the last maturity date of such issue of bonds, the amount of the level debt service of such
issue of bonds; and
(c) For each project that is financed by a permanent note in lieu of bonds, an amount, as
determined by HUD, which, if applied annually at the interest rate (adjusted to the nearest
one-eighth of one percent) charged the HA during the next preceding fiscal year in respect
to the unamortized portion of the minimum development cost of the project that exceeded
(as of the last day of such fiscal year) the minimum development cost as first established for
the project would fully amortize such portion not later than the first day of the month
following the last Annual Contribution Date for the project; and
(d) For each project that is not permanently financed, an amount, as determined by HUD,
which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent)
charged the HA during the next preceding fiscal year in respect to the unamortized portion of
that figure determined by HUD to be that below which the development cost of the project shall
in no event fall would fully amortize such portion not later than the first day of the month
following the last Annual Contribution Date for the project.
Upon delivery of any issue of bonds to refund Permanent or Project Loan Notes, the amount of
the level debt service of such issue of bonds shall be in lieu of the portion of the Debt Service
Annual Contribution allocable to such Notes whether pursuant to clause (a), (b), (c), or (d)
above.
(2) On each Annual Contribution Date, the actual amount of the Debt Service Annual
Contribution to be paid (herein called the "Accruing Annual Contribution") shall be an amount
equal to the Debt Service Annual Contribution less (1) the amount then on deposit in the Debt
Service Fund for the reduction of annual contributions pursuant to subsection (B) of section 6
of this Attachment, and (2) any amount then on deposit in the Debt Service Fund, pursuant to
subsection (B) of section 4 of this Attachment, on account of interest accrued on any issue of
Bonds after a date that is six months after the Bond Date of such issue.
(3) Notwithstanding any other provision of this ACC, HUD may make payment of any Accruing
Annual Contribution in semi-annual installments as follows: (a) the first installment shall be paid
on the Annual Contribution Date in the amount, if any, by which (i) the Accruing Annual
Contribution exceeds (ii) the amount of principal and interest that shall become due and payable
on the next following anniversary of the Bond Date on all bonds outstanding at the end of the
preceding fiscal year and that bears a Bond Date not later than seventeen months and fourteen
days prior to such Annual Contribution Date; (b) the balance of such Accruing Annual
Contribution shall be paid on the date six months after such Annual Contribution Date.
(4) At least thirty days prior to each Annual Contribution Date, the Fiscal Agent shall file with
HUD a report showing the amount of each deposit made into the Debt Service Fund since the
Form HUD -53012B
Attachment VI - page 6 of 12 (7/95)
next preceding Annual Contribution Date and the balance in the Debt Service Fund as of the date
of such report.
(5) Except as otherwise provided in subsections (C)(6) and (7) of this section 5, HUD shall pay
each Accruing Annual Contribution, or installment thereof, to the Fiscal Agent for deposit in the
Debt Service Fund. At the time of such payment, HUD shall furnish to the HA and to the Fiscal
Agent a statement showing (in detail and with appropriate explanations) the amount of the
Accruing Annual Contribution, and the method by which the Accniing Annual Contribution shall
be paid. Each such statement shall include a schedule showing, on the basis of information
available to HUD, the distribution of the funds in the Debt Service Fund to be made pursuant
to section 6 of this Attachment.
(6) On each Annual Contribution Date on which any Permanent, Project Loan, or Project Notes
issued in connection with any project with respect to which an annual contribution is then
payable remain outstanding and until full repayment, with interest at the applicable Loan Interest
Rate, of all expenditures, if any, made by HUD in connection with any such Project pursuant
to section 13 of this Attachment, such portion of the Accruing Annual Contribution, which if
deposited in the Debt Service Fund would (together with the monies then on deposit in said Fund
for the reduction of annual contributions pursuant to this ACC plus the amount of the second
installment, if any, of such Accruing Annual Contribution) exceed the sum of: (a) an amount
equal to the principal and interest becoming due and payable during the twelve month period
following such Annual Contribution Date on each issue of bonds bearing a Bond Date not later
than seventeen months and fourteen days prior to such Annual Contribution Date, plus (b) an
amount equal to the aggregate Bond Service Carry -Over required to be on deposit in the Debt
Service Fund on the next suing Annual Contribution Date, may be withheld by HUD, and
applied to the full extent thereof. Such amount shall be applied, first, to reimburse the HA for
any advance made pursuant to section 4(D) of this Attachment. Thereafter, such amounts shall
be used pay the interest and principal of such Notes and to repay such expenditures in
proportion, with respect to each such project, to the applicable portion of the Debt Service
Annual Contribution determined pursuant to clauses (a), (b), (c), or (d) of section 5(C)(1) of this
Attachment. However, any amounts that would otherwise be applied to the payment of principal
under the second order of preference may be withheld for not more than twelve months and be
used for the payment of interest on any bonds that may be subsequently issued to refund such
Notes and expenditures.
(7) When monies sufficient for the payment and discharge of all bonds have been deposited in
trust for such purpose with the Fiscal Agent, Accruing Annual Contributions, and monies
otherwise payable to the Debt Service Fund shall be applied, as approved by HUD, to the
payment of the Notes and expenditures and in the proportions as prescribed in subsection (C)(6)
of this section 5. Monies so applied by the HA during the twelve month period preceding each
Annual Contribution Date which, except for the provisions of this subsection (C)(7), would have
been on deposit on such Annual Contribution Date in the Debt Service Fund for the reduction
Form HUD -53012B
Attachment VI - page 7 of 12 (7/95)
of annual contributions, shall be deemed to have been on deposit in the Debt Service Fund on
such Annual Contribution Date for the purpose of subsection (2) of this section 5(C).
(8) HUD shall not pay or make available any Accruing Annual Contribution pursuant to this
ACC in excess of an amount which, together with all monies then on deposit in the Debt Service
Fund, shall be sufficient to fully pay and retire the outstanding Bonds, Permanent Notes, Project
Loan Notes, and Project Notes issued in connection with all projects for which annual
contributions become payable and to repay, with interest at the applicable Loan Interest Rate,
all expenditures made by HUD in connection with the development of such projects pursuant to
section 13 of this Attachment. The obligation of HUD to pay or make available Debt Service
Annual Contributions pursuant to this ACC with respect to any such project shall terminate
when: (a) all such Bonds and Notes issued in connection with the project have been fully paid
and retired, or when monies sufficient for their payment and retirement have been deposited in
trust for such purpose in accordance with the terms of such bonds and notes; and (b) all such
expenditures, with interest thereon, by HUD in (connection with such project are fully repaid.
Section 6 - Debt Service Fund.
(A) Upon the delivery of any issue of bonds, there shall be deposited in the Debt Service Fund
the amounts required pursuant to subsections (B), (C), and (D) of section 4 of this Attachment.
(B) Within sixty calendar days after the end of each fiscal year, the HA shall deposit with HUD
for the reduction of debt service annual contributions:
(1) The amount of the interest on each issue of bonds bearing a Bond Date
not later than seventeen months and fourteen days prior to the Annual
Contribution Date next following the end of such fiscal year, which accrued
during such fiscal year after (i) the date that is six months after the Bond Date
of each such issue of Bonds; or (ii) the date of delivery of such issue, whichever
is later, up to (i) the Date of Full Availability of the project financed by such issue
or (ii) the end of such fiscal year, whichever is earlier; and
(2) The amount of any unpaid interest, on Permanent Notes and Project Notes issued in
connection with any project that was permanently financed on or before the last day of such
fiscal year by an issue of Bonds bearing a Bond Date not later than seventeen months and
fourteen days prior to the Annual Contribution Date next following the end of such fiscal
year, up to (i) the Date of Full Availability of such project or (ii) the end of such fiscal
year, whichever is earlier.
(C) Upon receipt from HUD of each Accruing Annual Contribution or installment thereof, such
amount shall be deposited in the Debt Service Fund.
Form HUD -53012B
Attachment VI - page 8 of 12 (7195)
(D) On each interest payment date of the bonds, the Fiscal Agent shall, out of the Debt Service
Fund, pay the principal and interest maturing on the bonds.
(E) On the first day of the month following each Annual Contribution Date the Fiscal Agent
shall, out of the Debt Service Fund, reimburse the HA for any advance made pursuant to
subsection (D) of section 4 of this Attachment on account of interest on issues of bonds bearing
a Bond Date not later than seventeen months and fourteen days prior to such Annual
Contribution Date.
(F) On the first day of the month following each Annual Contribution Date, the Fiscal Agent,
after (1) paying all bonds and bond interest that have then become due and payable, or that will
become due and payable on the next succeeding anniversary of the Bond Date, (2) making
provision for the Bond Service Carry -Over, shall, unless otherwise approved by HUD, apply
the balance in the Debt Service Fund in the following order: First, to the payment of interest
and principal of the notes and repayment of the expenditures in the same manner, and to the
same extent as prescribed in subsection (C)() of section 5 of this Attachment; and, Second, to
transfer to the Advance Amortization Fund. In making provision for the payment of the bonds
and bond interest that shall become due on the next succeeding anniversary of the Bond Date and
for the Bond Service Carry-over, the Fiscal Agent shall consider the second installment, if any,
of the Accruing Annual Contribution as if it had actually been paid on the Annual Contribution
Date.
Section 7 - Advance Amortization Fund.
(A) There shall be deposited in the Advance Amortization Fund the following: (1) bond
premiums as provided in subsection (B) of section 4 of this Attachment; (2) amounts transferred
from the Debt Service Fund, as provided in subsection (F) of section 6 of this Attachment, and
(3) proceeds of claims against insurers and others arising out of damage to or destruction of any
project to the extent provided in subsection (D) of section 1 of this Attachment.
(B) The Fiscal Agent shall as rapidly as possible apply all monies deposited in the Advance
Amortization Fund, as directed by the HA with the approval of HUD: (1) to the payment of
interest of the notes and the repayment of expenditures in the same manner and to the same
extent as prescribed in subsection (C)(7) of section 5 of this Attachment; (2) to the purchase, at
not more than the cost of redemption, of any outstanding bonds; and (3) to the redemption of any
outstanding bonds on the terms provided in the Bond Resolutions. All bonds purchased or
redeemed by or on behalf of the HA shall be immediately cancelled and shall not be reissued.
(C) In the event that, sixty-one days after the end of any fiscal year, it appears that the balance
then on deposit in the Advance Amortization Fund, together with all monies then on deposit in
the Debt Service Fund together with a Debt Service Annual Contribution, would be sufficient
to fully pay and retire the outstanding bonds, permanent notes, project loan notes, and project
Form HUD -53012B
Attachment VI - page 9 of 12 (7195)
notes issued in connection with projects for which annual contributions have then become
payable and to repay, with interest at the applicable Loan Interest Rate, all expenditures made
by HUD in connection with the development of such projects pursuant to section 13 of this
Attachment, the Fiscal Agent shall on such date deposit in the Debt Service Fund for the
reduction of annual contributions the balance then remaining in the Advance Amortization Fund,
and any deposits that would, except for this subsection (C), be made to the Advance
Amortization Fund shall be made to the Debt Service Fund for the reduction of annual
contributions.
Section 8 - General Linutations on Annual Contributions.
(A) Notwithstanding any other provision of this ACC, not more than one annual contribution
for each year of the Maximum Contribution Period of any project shall be paid or made available
by HUD for such project; nor shall any such annual contribution be paid or made available for
any such project subsequent to the end of the Maximum Contribution Period of such project.
(B) No annual contribution shall be paid or made available by HUD for any project (except as
provided in section 12 of this Attachment) unless such project is exempt from all real and
personal property taxes levied or imposed by the State, city, county, or other political
supervision.
(C) No annual contributions shall be paid or made available by HUD for any project (except as
provided in section 12 of this Attachment) in the event of the acquisition of such project by a
third party in any manner including a bona fide foreclosure under a mortgage or other lien.
Section 9 - Pledge of Annual Contributions.
(A) The amounts required by subsections (B), (C), and (D) of section 4 of this Attachment to
be deposited in the Debt Service Fund upon delivery of each issue of Bonds on account of the
interest on such issues of bonds that becomes due and payable six months and twelve months,
respectively, from the Bond Date of such issue shall be pledged to the payment of such interest.
(B) The Accruing Annual Contribution that is due and payable on each Annual Contribution
Date (including the second installment thereof if any) together with (1) the aggregate Bond
Service Carry -Over, if any, required to be on deposit in the Debt Service Fund on such Annual
Contribution Date, and (2) all other amounts required to be deposited in the Debt Service Fund
for the reduction of annual contributions during the twelve month period ending with such
Annual Contribution Date, shall be pledged as follows:
(1) An amount equal to the principal and interest becoming due and payable during the
twelve month period following such Annual Contribution Date on each issue of Bonds
bearing a Bond Date not later than seventeen months and fourteen days prior to such Annual
Form HUD -53012B
Attachment VI - page 10 of 12 (7/95)
Contribution Date shall be pledged for the payment of such principal and interest;
(2) An amount equal to the aggregate Bond Service Carry -Over required to be on deposit
in the Debt Service Fund on the next succeeding Annual Contribution Date shall be pledged
for the purpose of providing such Carry -Over; and
(3) An amount equal to the sum of the portions of the Debt Service Annual Contributions
as determined pursuant to clauses (a), (b), (c), and (d) of section 5(C)(1) of this Attachment
shall be pledged for the payment of the interest and principal of the Permanent Notes,
Project Loan Notes and Project Notes and repayment of expenditures made by HUD
pursuant to section 13 of this Attachment in connection with Projects with respect to which
annual contributions have become payable.
(C) The annual contributions to be made available by HUD hereunder shall not, without the
approval of HUD, be pledged for any purpose other than as specifically provided in this ACC.
Section 10 - Refunding of Bonds.
The HA may, with the approval of HUD, refund any outstanding issue of Bonds upon such terms
and conditions as may be mutually agreed upon between the HA and HUD.
Section 11 - Faith of the United States Pledged to Payment of Annual
Contributions.
As set forth in the Act, the faith of the United States is solemnly pledged to the payment of all
annual contributions contracted for in this ACC, and by the provisions of the Act there is
authorized to be appropriated in each Federal fiscal year, out of any money in the Treasury of
the United States not otherwise appropriated, the amounts necessary to provide for such
payment.
Section 12 - Continuance of Annual Contributions.
(A) HUD hereby determines that sections 17 and 18, Part A, of the ACC include provisions that
are in accordance with section 6(g)(2) of the Act.
(B) Whenever the annual contributions, pursuant to this ACC, have been pledged by the HA as
security for the payment of the principal and interest on the Bonds or other obligations issued
pursuant to this ACC, HUD (notwithstanding any other provisions of this ACC) shall continue
to make the annual contributions provided in this ACC available for the projects so long as any
of such Bonds or obligations remain outstanding; and, in any event, such annual contributions
shall in each year be at least equal to an amount which, together with such income or other funds
as are actually available from the projects for the purpose at the time such annual contribution
Form HUD -53012B
Attachment VI - page 11 of 12 (7/95)
is made, shall suffice for the payment of all installments, falling due within the next succeeding
twelve months, of principal and interest on the Bonds or other obligations for which the annual
contributions provided for in this ACC have been pledged as security: provi , That in no case
shall such annual contributions be in excess of the maximum sum specified in this ACC, nor for
longer than the remainder of the maximum period fixed by this ACC.
Section 13 - Rights and Obligations of HUD During Tenure Under
Section 18, Part A, of the ACC.
Neither the conveyance of title to or the delivery of possession of the projects by the HA
pursuant to section 18, Part A, of the ACC, nor the acceptance of such title or possession by
HUD, shall abrogate or affect in any way any indebtedness of the HA to HUD arising under this
ACC, and in no event shall any such conveyance or delivery or any such acceptance be deemed
to constitute payment or cancellation of any such indebtedness.
Form HUD -53012B
Attachment VI - page 12 of 12 (7/95)
ATTACI HENT VII
Insurance Requirements
Section Page
Section 1 Mandatory and Optional Insurance Coverage. VII -1
Section 2 Authorized Insurance Companies. VII -2
Section 3 Certificates of Insurance. VII -2
Section 4 Waivers and Self -Insurance Funds. VII -2
Section 1 - Mandatory and Optional insurance Coverage.
The following types of insurance are either required or should be purchased if the HA
determines that exposure exists.
(A) Commercial Property. Mandatory. Each policy must be written with a blanket limit, on
a replacement cost basis, and with an agreed value clause eliminating any coinsurance provision.
(B) Commercial General Liability. Mandatory.
(C) Workers Compensation and Employers Liability. Mandatory.
(D) Owned and Non -Owned Automobile Liability. Mandatory.
(E) Then, Disappearance, and Destruction. Mandatory only if the amount of cash and checks
on hand at any one time exceeds the amount prescribed by HUD.
(F) Employee Dishonesty. Mandatory.
(G) Boiler and Machinery. Mandatory only if steam boilers have been installed. However,
coverage is recommended if there is extensive central air conditioning, electrical transformers,
or similar equipment.
(H) Flood. Mandatory only for property located in a flood plain, as determined in the Federal
Government's National Flood Insurance Program.
Form HUD -53012B
Attachment VII - page 1 of 2 (7/95)
(I) Directors and Officers or Public Officials Liability. Optional coverage, but highly
recommended.
(J) Lead -Based Paint Liability. Mandatory for HAs undergoing lead-based paint testing and
abatement.
(K) Law Enforcement Liability. Optional, but highly recommended where the exposure exists,
and the Commercial General Liability insurer has excluded coverage.
Section 2 - Authorized Insurance Companies.
Insurance must be purchased from an insurance company or other entity that is licensed or duly
authorized to write insurance in the State where the HA is located.
Section 3 - Certificates of Insurance.
At each renewal, the HA shall promptly have certificates of insurance submitted by the insurers
to HUD describing the types of coverage, limits of insurance, policy numbers, and inception and
expiration dates.
Section 4 - Waivers and Self -Insurance Funds.
Requests for waivers not to purchase any form of required insurance, or to establish a self-
insurance fund in lieu of purchasing insurance, must be submitted to HUD for approval with a
justification as to why the request should be approved.
Form HUD -53012B
Attachment VII - page 2 of 2 (7/95)
'U.S. Gavarmu" Pffntlrq Ofkm: 1995— 307•73VM161 _
U.&otw•t N Fbn•leq
Lower Income Public and ow+r
Indian Housiand
q?
ng Debt Forgiveness tom+
Amendment to Consolidated
Annual Contributions Contract AMENDMENT # 7
This agreement entered into between the United States of America finaSecl (a o and adding the following:: "mid shall be Pan 11 of the Conaaa is amended by
(herein called "Government" or "HUD") and the deemed
period
to amend the Contract to state the Actual Development Cost
(or Actual MWM&adm Cat).' ,
(Matin called "Local Authority." "Pubes Housing Agency (PHA)" or
C. The outstanding principal balance and interest due on loans held
4 of the Act for the develop -
of such project, shall be forgiven, not m exceed
"Indian Housing Authority (IIIA))," W itn►esseth; by the Government made undo shall
I, Whereas. pursuant w the United States Housing Act of 1937, u
Act) and the Department of
meat or modernization
a maximum principal amount equal to the Actual Development Cost
(a Actual Modemization Cost) for such project. and interest thereon.
be for
amended (42 USC 1437 et seq.), (the
Act (42 USC' 3531), the Govern-
EiLoess financing, with irtterts< ihrra.n until pai d. shall not -
Housing and Urban Development
and the Local Authority entered into an Annual Contributions
given,
ment
Contract No. E.` , 'h h LKG —10 �Q
_ 1 r, _ t; R (the Contract);
d. Section 308(B) of Part Il of the Contract is hereby deleted and the
inserted as a new Section 308(B):
dated7
Section 4(a) of the Act authorizes the Government to
following paragraph
"(B) Where the Governmentappro ver the disposition of real property
the Local Authority shall dispose of it promptly by public
2. Whereas, Authorities 10
make loans to Public Housing Agencics/indianHeusing
of lower income
of a project,
c'tRd ds for not lea than fair market value, unless the
tau tthoriz� for reasons found be in the
help finance the development.of modernization
enton
Go s negotiated sale
Local Authority or the Federal ale
�
housing projects by such agencies;
best interests of the... � Ste ) on
less fair mvalue (what perm
the Government to
3. Whereas. Section 5(a) of the Act authorizes no case
which may
PHbleby
for than
commensurate public benefits to the coaununity, the Local Authority
Government justifying such an exception. c able
MAC annual contributions .to ss v finance
exceed the annual debt service payable by such PHAct involved;
cost of the project involved:
or the Federal
costsof disposition and of relocation of displaced tenants may be paid
out of the gross proceeds, as approved by the
the development or modernization
the Local Authority
by ate
Grnrerturtent Net proceeds ( payment of Governtrient•approved
4. Whereas, Section 3004 of the Housing and Community Develop
198 added 4(cSection
be usod, subject to Govern -
or disposition cert relocation) shall obligations, if any,
of outstanding Bair
ment Reconciliation Amendments of
Act to that each loan made by Government under
ment approval, for the retirement
issued to finance development or modernization of the project, and
provide interest amount
4(a) that has any principal amount outstanding or any
is from debt service annual
thereaf�, to the extent that any net proceeds remain, for the provision
for lower income families. through
outstanding or accrued that repayable
contributions shall be forgiven and any prom ire to repay principal and
of housing assistance acquisition,
ures modernization of lower income hotuin�, a the
to operate as lower
interest in a loan contract shall be cancelled:
development or rehabilitation of other properties
S. Whereas, Section 4(c) further provides that such cancellation of a
and interest shall not affect any other toms
income housing."
416(C) of Part n of the Contract is amended to read as
« )
promise to repay principal
and conditions of the Contract, which shall retrain in effect as if the
follow the end o! each Fiscal Year, the
cancellation had not occurred: and
•(C) Within sixty calendar days afar
Loral Authority shall deposit with the Government for the reduction
4 c is limited to
6. Whereas, the forgiveness provided utter Section ()
Government. repayment of which was to be made
of debt service annual contributions.
not theretofore deposited in the Debt
"(a) All Residual Receipts (not
loans held by the of
ung annual contributions and does not extend to indebtedness,
bonds or under notes to the
Fund or applied as Prov in subsections (1) and (n of Sec.
pHAsinim to holders of
ess to the Govern-
Financing Bank or otherwise, a under indebtedness
415) of all Projects; agent
"(b) �amount of the interest on each issue of Bonds bearing
and fourteen days prior to the
merit not to be paid from annual contributions.
Date not later than seventeen months
Dam following
six
miser and in order Annual Contribution
Now therefore, in consideration of the foregoing prethe Contract is which accrued such FrYear after (the date which is
the Act, such issue of Bards a (ii) the date
to implement the above amendment to
:
amended as follows:
months after the Bond Dam of each
of delivery of such issue, whichever is later, up to (i) the Date of Full
issue or (ii) the end of such
a Section 405ow
Part Il of the Contract is amended by changing Availability of the Project financed by such
following: "and upon the Fiscal Year, whichever is earlier, � interest, on Permanent Notes and
od w s comma and adding the
the final peri t which was
determination of Actual Development Cost (or Actual Modernization "(c) The amounts any unpaid
Nests issued in connection with any Project
(or Temporary of such Fiscal Year by
t
of approved Actual DevelopmentCostCeriiftcate Y
Cost), a copy pP
Actual Modernization Cost Certificate) shall be attached to Permanently Financed on or before the
stste a"issueotBondsbearutg a Bond Date not lata than scventecn months
Date next follow-
pproved
aContract
thcCon� deemed 10 furt
Modernizaa Cost)•
and fourteen days prior to the Mnual Contribution
the Ac � elopment Cost (or Actual
ref Hank 7417.
ing the end of such Fiscal Year, up to (i) the Date of Full Availability Ilse parties have caused this amendment to be effective as of the date
of such Project or (ii) the end of such Fiscal leis, whichever is earlier. of execution on behalf of the United States as stated below.
"If no further annual contributions for debt service are payable, the
Local Authority shall deposit any residual receipts into a replacement
reserve to be used to reduce the future need for annual contributions to
modernize Its projects."
(Seal)
Attest
SALINA HOUSING AUTHORITY
(Public HousinVytaithho envy)
(Indian Hous'By t X'u7
AMERICA
JUN 2 6 1990
1wm HUD -33010) (I V88)
Modernization Project Grant U.S. Department of Housing
and Urban Development
Amendment to Consolidated office of Public and Indian Housing
Annual Contributions Contract Lower Income Public Housing
p,MFN1Y.7FT1T #8
1. Modernization Project Grant Number:
KS16P038903—Z
2. Individual Project Numberlsl:
KS -038-002
KS -038-003
3. Amendment to Annual Contributions Contract Number
F*-1114/KC-1029 dated ti(t.he Contract).
4. The Contract is amended to provide grant assistance for
modernization of the Individual Projects. This amendment is a
part of the Contract.
5. The following provisions shall be applicable to the Modern-
ization Project:
a. Date of Modernization Grant Reservation:
AIlQIST 11 , 1991
b. Maximum Modernization Cost (Modernization Grant
Authority) $50,000-00
6. The modernization work shall be carried out in accordance
with 211 HUD regulations and other requirements applicable to
the Comprehensive Improvement Assistance Program. The PHA
agrees to comph• with these regulations and requirements.
7. The modernization work to be carried out is described in a
Modernization Program. a statement of the basic elements of the
Modernization Project. The Modernization Program has been
adopted by the PHA and approved by HUa and may be revised
from time to time by agreement between HUD and the PHA. The
PHA agrees to cam out the modernization work in accordance
with the approved Modernization Program.
8. a. The Modernization Program includes a budget stating the
maximum amounts approved by HUD for the modernization
work. The PHA shall not incur Modernization Cost over the
amount approved in the budget for the Modernization Pro-
ject The PHA shall not incur Modernization Cost over the
amounts approved in the budget for each Individual Project
or for any work item except in accordance with a HUD-
apprcved budge! re,.^:sicn.
b. Modernization Cost means Development Cost for the
modernization work.
c. The Maximum Modernization. Cost for the Modernization
Project is stated in Section 5 of this amendment. The PHA
shall complete the modernization work at the lowest possi-
ble cost in accordance with the approved Modernization
(SEAL)
Attest:
Secretary, R. Abner P rney
Program and in no event in excess of the Maximum
Modernization Cost for the Modernization Project.
9. Subject to the provisions of Part II of this Contract. and to
assist in the modernization. HUD agrees to disburse to the PHA,
from time to time as needed• up to the amount of the Maximum
Grant Commitment. The Maximum Grant Commitment shall be
equal to the Maximum Modernization Cost for the Modernization
Project. as stated in Section 5. or the approved Actual Moderniza-
tion Cost of the Modemization Project.
10. After inclusion in an audit and HUD approval of the Actual
Modernization Cost Certificate (in accordance with Section 405
of Part Il of the Contract), a copy of the Actual Modernization
Cost Certificate shall be attached to this amendment and shall
be deemed to further amend the Contract, where necessary, to
reduce the amount of grant authority for the Modernization Pro-
ject to an amount equal to the approved Actual Modernization
Cost. In no case shall the approved Actual Modernization Cost
Certificate amount exceed the Maximum Modernization Cost
stated in Section 5b. of this amendment
11. The PHA shall continue to operate each Individual Project
as lower income housing in compliance with this Contract, the
Act and all HUD regulations and requirements for a period of
twenty years beginning on the date of this amendment- pro-
vided. however. that the provisions of Section 308(B) and (C) of
the Contract shall remain in effect for so long as HUD deter-
mines there is any outstanding indebtedness of the PHA to HUD
which arose in connection with any project or projects under the
Contract and which is not eligible for forgiveness, and provided"
further that for a period of ten years following the last payment
of operating subsidy to the PHA, no disposition of any Individual
Project covered by this amendment shall occur unless approved
by HUD.
12. Section 404 of Part 11 of the Contract shall not be
applicable to the Modernization Project-
13.
roject13. If the PHA does not comply with any of its obligations
under this amendmer:L HUD may direct the PHA to terminate
all work described in the Modernization Program. In such case.
the PHA shall only incur additional costs with HUD approval.
14. The PHA shall execute and file for record a Declaration of
Trust as provided under Section 420(B) of the Contract to protect
the rights and interests of HUD throughout the twenty-year
period during which the PHA is obligated to operate the
Individual Projects receiving modernization grant funds in
accordance with the Contract. the Act and HUD regulations and
requirements. The parties have caused this amendment to be ef-
fective as of the date of execution on behalf of the United States.
as stated below.
SALINA HOUSING AUTHORITY
�(Pubiic Housing Agency)
By
(Chairman)
Date August 29, 1991
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
B
Y f
fbr STEVE ISRAELITE, DIRECTOR
OFFICE OF PUBLIC H YlgTNG
ro�eia( nue)
Date q I„ l4,
HUD -53009-A (4187)
HB -7485.1
03/07/2005 11:55 7858270442 SALINA HOUSING AUTHO PAGE 02
Comprehensive immprovement--.ssistance Program U.S. De _ tment of Housing
(CIAP) Amendment and Urban Developmont
ToCc-ecustiueAnnual CoovSbul;oeeContr.ctor office of Public and Indian Housing
To Mueual Hclp Consolidated Annual Cootnib-. +a Contract
Whereas, (Housing Authority) Salina Housing Authority (herein called the "HA") and the United States of
America, Secretary of Housing and Urban Development (herein called "HUQ") entered Into Consolidated Annual Contributions
Contract(s) (ACC1 Number(s),KC-1029 dated 7-12-68 ; and/or Mutual Help
Consolidated ACC(s) Number(s) dated (herein called the "ACCs");
Whereas, HUD has agreed to provide CIAP grant assistance, upon execution of this Amendment, to the HA in the amount to be
specified below for the purpose of assisting the HA In financing improvements to the physical Condition of existing public/Indian
housing developments and upgrades to the management and operation of such developments in order to ensure that such
developments continue to be available to serve low-income families:
3_50,000 for Fiscal Year 1995_; to be referred to under Modernization Project Number
KS16P038905-95
Whereas, HUD and the HA are entering into this CIAP Amendment Number
14—
l!iw There ore, the ACCs are amended as follows:
However, the provisions of Section 308(8) and IC) of the ACC
1 The ACCs ere emended to provide CIAP grant assistance In the
(Article 14.2 of the Mutual Help Consolidated ACC) shall remain in
amounts specified above for modernization of HA developments
long HUD determines there is any outstanding
effect for so 1
{including section 23 leased -housing bond finenoad. Mutual Help and
indebtedness of the HA to HUD which erne ;n connection with any
Turnkey lil). This amendment is a pert of the ACCs.
development[e} under the ACCs and which is not eGbible for
forglveneee, and provided further that, for a period of ten years
2. The rrwdern;zatlon work shell be carried out in accordance with all
following the Wet payment of operating subsidy to the HA, no
HUD regulations and othor requiremonte applicable to the
disposition of any development coverod by this amendment shall
Comprehensive Improvement AFs;atsnce Program.
occur unlevc approved by HUD.
3. In accordance with the HUD regulations, the CIAP Budget has been
6.
Section 404 of Pert 11 the ACC )Article 4.2 of the Mutual Help
adopted by the HA and epproved by HUD. and may be emended
Consll not be applicable to the CIAP Grant.
consolidated ACC} shall
from time to time. The modernizat;on work shell be carried out ae
described in the CIAP Budget. 7,
tf the HA does not comply with any of its obl;gstions under this
4. Subject to the prov;s;ons of Part 11 of the ACC*, and to eee;et in the
Amendment HUD may direct the HA to terminate M work describe
modernization. HUD egreoe to d;aburse to the HA from t;rne to tw+ve
in the CIAP Budget. In such case. the HA shall only incur additional
as needed, up to the amount of funding ass'retence specified above.
costs with HUD approval.
The HA's deposit account numbs' '`` p 8.
3 I
Implementation or use of funding assistance provided under this
;s: 45:U TZ J t
Arrrendrnent is subject to attached corrective action order(n).
6. The HA shall continue to operate each development (for section 23
(nark me)
leased -housing bond financed, after the expiration of the respective
_
Yen X No
Iowa terrre. the HA shall continue to operate each developmentl as
_
low-income hou*;ng in compliance with the ACCs, me emended, the 9
The HA acknowledges its responsibility for adherence to Chia
Unitod States Housing Act of 1937 Ithe "Act") and all HUD
Amendment by subgrenteve to which it makes funding aes6tence
regulations and requirements for a period of twonty years after the
hereunder available
Iso disbursement of CIAP grant weistanoe.
The parties have caused this Amendment to be effective.Asbt the date of execution on behalf of the
United States, m stated below.
U. S Departmen of sing r an Deve pment HA Executive Director
8y Date: d By: Date: 9/12/95
Title: Title: Executive Director
Page 1 of 1
form HUD -53009 (4/931
ref Handbook 7485.1
U.S. Department of Housing
and Urban Development
Terms and Conditions
Constituting Part A of a
Consolidated Annual Contributions Contract
Between Housing Authority and
the United States of America
Forms HUD -53010 and
HUD -53011 are obsolete
Form HUD -53012A
(7/95)
TABLE OF CONTENTS
— Part A --
Section
Page
Section 1
Consolidation of Annual Contributions Contract.
1
Section 2
Definitions.
1
Section 3
Mission of HUD.
Section 4
Mission of the HA.
2
Section 5
Covenant to Develop and Operate.
3
Section 6
Cooperation. Agreement(s).
3
Section 7
Covenant Against Disposition and Encumbrances.
3
Section 8
Declaration of Trust.
3
Secu'on °
Depository Agreement and General Fund.
4
Section 10
Pooling of Funds.
4
Section 11
Operating Budget.
5
Section 12
Civil Rights Requirements.
5
Section 13
Insurance Requirements.
6
., Section .14 ::..:...
Employer Requirements:-< •_ ... , -. , ... .. .
Section 15
Books of Account, Records, and Government Access.
7
Section 16
Termination of a Project Under Management.
7
Form HUD -534122A
-i- (7/95)
Section Page
Section 17 Notices, Defaults, Remedies. 7
Section 18
Rights and Obligations of HUD While
9
in Possession of Project(s).
Section 19
Conflict of Interest.
9
Section 20
Interest of a Member or Delegate to Congress.
11
Section 21
Rights of Third Parties.
11
Section 22
Performance of Conditions Precedent to
11
the Validity of this ACC.
Section 23
Waiver or Amendment.
11
Form HUD -53012A
(7/95)
Thi Annual Contributions Contract ("ACC"), No. _ I 0 , is entered into as of this
2' day ofSar) , 199.L -by and between the United States of America, acting by and through
the Secretary of Housing and Urban Development, ("HUD") and Housing Authority of
the City of Salina, Kansas (the "HA"). The parties to this ACC may have
previously entered into Consolidated ACCs whose terms and conditions have become obsolete
through the subsequent passage of legislation or the promulgation of regulations by HUD. The
parties wish to resolve this obsolescence by entering into this ACC, which shall supersede the
most recent Consolidated ACC entered into between the HA and HUD bearing the same ACC
number as this Consolidated ACC, and which incorporates by reference into this ACC those
regulations issued by HUD for the development, modernization, and operation of public and
Indian housing projects contained in Title 24 of the Code of Federal Regulations, as said Title
shall be amended from time to time. Nothing herein shall release the HA from compliance with
all applicable laws, executive orders, and regulations that are not specifically incorporated herein
by reference.
This ACC covers all project(s) listed under the most recent Consolidated ACC entered into
between HUD and the' HA bearing the same ACC number as this ACC, and any amendments
thereto, as well as any additional project(s) that may be added as a result of future amendments
to this ACC. This ACC shall remain in effect with respect to such projects for the maximum
period required by law, or as may be established by HUD. If this ACC consolidates previous
ACCs executed by the parties, it shall remain in effect for the maximum period remaining under
such previously executed ACCs, including any extension of the original ACC tern: based up^.n
the HA's receipt of modernization and operating subsidies.
Section 1 - Consolidation of Annual Contributions Contract.
This ACC supersedes the most recent Consolidated ACC entered into between HUD and the HA
bearing the same ACC number as this ACC (including both Parts I and II), and any amendments
thereto, provided that this novation shall in no way affect obligations outstanding, accounts due,
or other actions taken pursuant to such previous ACCs, all of which matters shall be
administered pursuant to and under this ACC.
Section 2 - Definitions.
ACC - Consolidated Annual Contributions Contract between HUD and the HA, as may be
amended herein, consisting of Part A (which sets forth requirements applicable to all projects)
-and Part B (which sets forth additional requirements, that apply -only to certain types of projects)-.
Act - the United States Housing Act of 1937, as amended.
Form HUD -53012A
Page 1 of 12 (7/95)
Cooperation Agreement - agreement(s) prescribed by HUD for execution by the HA and the
local governing body relative to the cooperation of the local governing body in the development
and operation of the project(s) and the obligation of the HA for paymepts in lieu of taxes, due
to the exemption of the project from all real and personal property taxes.
HA - a public housing agency as defined in the Act, including an Indian housing authority.
HUD approval - prior written approval from HUD.
"Operating receipts" and "Operating expenditures" - Operating receipts shall mean all rents,
revenues, income, and receipts' accruing from, out of, or in connection with the ownership or
operation of such project. Operating receipts shall not include any funds received for
development or modernization of a project, annual contributions pledged for payment of bonds
or notes, or proceeds from the disposition of real property. Operating expenditures shall mean
all costs incurred by the HA for administration, maintenance and other costs and charges that are
necessary for the operation of the project. Operating expenditures shall not include any costs
incurred as part of the development or modernization cost, or payment of principal or interest
of bonds or notes.
Project - public and Indian housing developed, acquired, or assisted by HUD under the Act,
other than under section 8 of the Act, and the improvement of such housing. The term shall
include all real and personal property, tangible and intangible, which is acquired or held by a
HA in connection with a project covered under this ACC.
Section 3 - Mission of HUD.
HUD shall administer the Federal public and Indian housing program for the provision of decent,
safe, and sanitary housing to eligible families in accordance with this ACC and all applicable
statutes, executive orders, and regulations. HUD shall provide maximum responsibility and
flexibility to HAs in making administrative decisions within all applicable statutes, executive
orders, regulations and this ACC. HUD shall provide annual contributions to the HA in
accordance with all applicable statutes, executive orders, regulations, and this ACC.
Section 4 - Mission of the HA.
The HA shall at all times develop and operate each project solely for the purpose of providing
utary Jlczusipg for;e�igible families in a manner that promotes serviceability,
economy, efficiency, and stability of the projects, and the economic and social well-being of`ihe
tenants.
Form HUD -53012A
Page 2 of 12 (7/95) -
Section 5 - Covenant to Develop and Operate.
The HA shall develop and operate all projects covered by this ACC in compliance with all the
provisions of this ACC and all applicable statutes, executive orders, and regulations issued by
HUD, as they shall be amended from time to time, including but not limited to those regulations
promulgated by HUD at Title 24 of the Code of Federal Regulations, which are hereby
incorporated into this ACC by reference as if fully set forth herein, and as such regulations shall
be amended from time to time. The HA shall also ensure compliance with such requirements
by any contractor or subcontractor engaged in the development or operation of a project covered
under this ACC.
Section 6 - Cooperation Agreement(s).
Duri,,g the development and operation of the project(s), the HA shall perform and comply with
all applicable provisions of the Cooperation Agreement(s), in the form prescribed by HUD,
including the malting of payments in lieu of taxes provided therein (or such lesser amount as may
be prescribed by State law or agreed to by the local governing body), shall at all times preserve
and enforce its rights thereunder, and shall not terminate or amend the Cooperation
Agreement(s) without the written approval of HUD.
Section 7 - Covenant Against Disposition and Encumbrances.
The HA shall not demolish or dispose of any project, or portion thereof, other than in
accordance with the terms of this ACC and applicable HUD requirements. With the exception
of entering into dwelling leases with eligible families for dwelling units in the projects covered
by this ACC, and normal uses associated with the operation of the project(s), the HA shall not
in any way encumber any such project, or poi don thereof, without the prior approval of HUD.
In addition, the HA shall not pledge as collateral for a loan the assets of any project covered
under this ACC.
Section 8 - Declaration of Tnist.
Promptly upon the acquisition of the site of any project, the HA shall execute and deliver an
instrument (which may be in the form of a declaration of trust, a trust indenture, or such other
document as may be approved by HUD), confirming and further evidencing, among other
things, the covenant of the HA not to convey or encumber the project except as expressly
vat hbfized ifiWt-ACC:�'Sucirins r=emand-all-amendments-shall-be-,duly;recorded:�or,ftied-for—..-�'.,.,......
record wherever necessary to give public notice of their contents and to protect the rights and
interests of HUD and of any bondholders. The HA shall furnish HUD with appropriate evidence
of such recording or filing. From time to time, as additional real property is acquired by the HA
in connection with the projects, the HA shall promptly amend such instrument to incorporate all
such real property and shall record the instrument, as amended.
Form HUD -53012A
Page 3 of 12 (7/95)
Section 9 - Depository Agreement and General Fund.
(A) The HA shall deposit and invest all funds and investment securities received by or held for
the account of the HA in connection with the development, operation and improvement of the
projects under an ACC with HUD in accordance with the terms of the General Depository
Agreement(s). The General Depository Agreement shall be in the form prescribed by HUD and
must be executed by the HA and the depository. Immediately upon the execution of any
Depository Agreement, the HA shall furnish to HUD such executed or conformed copies thereof
as HUD may require. A Depository Agreement shall not be terminated except after 30 days
notice to HUD.
(B) All monies and investment securities received by or held for the account of the HA in
connection with the development, operation and improvement of projects in accordance with an
ACC with HUD shall constitute the "General Fund."
(C) The HA shall maintain records that identify the source and application of funds in such a
manner as to allow HUD to determine that all funds are and have been expended in accordance
with each specific program regulation and requirement. The HA may withdraw funds from the
General Fund only for: (1) the payment of the costs of development and operation of the projects
under ACC with HUD; (2) the purchase of investment securities as approved by HUD; and (3)
such other purposes as may be specifically approved by HUD. Prog,ali� lands are not fungible;
withdrawals shall not be made for a specific program in excess of the funds available on deposit
for that program.
Section 10 - Pooling of Funds.
(A) The HA may deposit into an account covered by the terms of the General Depository
Agreement any funds received or held by the HA in connection with any project operated by the
HA under the provisions of this ACC.
(B) The HA may also deposit into an account covered by the General Depository Agreement,
by lump -sum transfers of funds from the depositories of other.projects or enterprises of the HA
in which HUD has no financial interest, amounts necessary for current expenditures of items
chargeable to all projects and enterprises of the HA.
t*4f-sii&-itof``ui►khdmvi-fromtn"f-tk-funds,,orwvounts-audm ifized-underihit.pion--=-�=---.r.;-.-.;.,....
amounts for the projects under ACC, or for the other projects or enterprises, in excess of the
amount then on deposit in respect thereto.
:1 B
Page 4 of 12 (7195)
Sectlon 11 - Operating Budget.
(A) The HA shall prepare and have approved by its Board of Commissioners an operating
budget for each of its fiscal years in a manner, and using such forms, as prescribed by HUD.
The HA shall submit a calculation of operating subsidy eligibility in the manner prescribed by
HUD in regulations in Title 24 of the Code of Federal Regulations. HUD shall review the
calculation and, if correct, and subject to the availability of funds, take action within 45 days of
submission to obligate the funds and approve a payment schedule, unless the HA is notified that
it must submit an operating budget as provided in (B) below. HUD may revise or amend the
subsidy calculation to bring it into conformity with regulatory requirements. The HA shall
subn;it reV.,sed calculations in support of mandatory or other adjustments based on procedures
and deadlines prescribed by HUD.
(B) If HUD directs the HA to submit an operating budget because it has failed to achieve certain
specified operating standards, or for other reasons which in HUD's determination require it,
HUD shall, within 45 days of receipt of the complete operating budget, review and approve the
operating budget if the plan of operation and the amounts included therein are reasonable. If
HUD disapproves any proposed operating budget, or approves such budget with modifications,
the HA shall be notified in writing and be furnished with an explanation of the reasons for such
disapproval or modified approval. Any HA that is required to submit an operating budget may,
at any time prior to &dray days before the end of the HA fiscal year, submit to HUD a proposed
revision of any approved operating budget.
(C) HUD shall not in any Federal fiscal year approve any estimate or revision of a HA's
operating budget in an amount which, together with the amount of all operating subsidies then
contracted for by HUD, would exceed the amount as determined by HUD of contracting
authorization for operating subsidies under the Act. HUD shall not be obligated to make any
payments on account of operating subsidies in an amount in excess of the amount specifically
approved by HUD.
(D) The HA shall not incur any operating expenditures except pursuant to an approved operating
budget. If unbudgeted expenditures are incurred in emergencies to eliminate serious hazards to
life, health and safety, the operating budget shall be amended accordingly.
Section 12 - Civil Rights Requirements.
'tie�HAtishallecomply-,with-ali-mtutory-,-fegulatoFy;-and executive <order-requirenmus:>
pertaining to civil rights, equal opportunity, and nondiscrimination, as those requirements now
exist, or as they may be enacted, promulgated, or amended from time to time. These
requirements include, but shall not be limited to, compliance with at least the following
authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004; 24 CFR part 1); the Fair
Housing Act (42 U.S.C. 3601-3619; 24 CFR part 100); section 504 of the Rehabilitation Act of
Form HUD -53012A
Page 5 of 12 (7/95)
1973 (29 U.S.C. 794; 24 CFR part 8); (the Age Discrimination Act of 1975 (42 U.S.C. 6101-
6107; 24 CFR part 146); the Americans with Disabilities Act (Pub. L. 101-336, approved July
26, 1990; 28 CFR part 35); Executive Order 11063 on Equal Opportunity in Housing (24 CFR
part 107); Executive Order 11246 on Equal Employment Opportunity, as amended by Executive
Order 11375 (41 CFR part 60); and Executive Order 12892 on Affirmatively Furthering Fair
Housing. An Indian Housing Authority established pursuant to tribal law shall comply with
applicable civil rights requirements, as set forth in Title 24 of the Code of Federal Regulations.
(B) In connection with the development or operation of any project, the HA shall not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, disability, age, or national origin. The HA shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
race, color, religion, sex, disability, age, or national origin. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion, or transfer; .recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The HA shall insert the foregoing provision
(modified only to show the particular contractual relationship) in all its contracts in connection
with the development or operation of any project, except contracts for standard commercial
supplies or raw materials and contracts referred to in subsection (C) of this section, and shall
require all contractors to insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials. The HA shall post at the projects, in
concpiaMoUc places available to employees and applicants for employment, notices to be provided
by HUD setting fog u, the provisions of this nondiscril-ninatory clause.
(C) The HA shall incorporate the language required by Executive Order 11246, codified at
41 CFR §60-1.4(b) (or any successor provision), into any contract for construction work, or any
modification thereof, which is paid for in whole or, in part with funds obtained under this ACC.
In addition, the HA agrees that it will be bound by the equal employment opportunity provisions
set forth at 41 CFR §60-1.4(b) (or any successor provision) with respect to its own employment
practices when it uses its own staff (force account) to carry out Federally assisted construction
work.
Section 13 - Insurance Requirements.
(A) Except as otherwise provided by HUD, the HA shall procure adequate insurance to protect
the. HA from financial loss resulting from various hazards if the HA determines that exposure
to certain hazards exists. The types .of insurance required, or that should be purchased, and
other requirements with respect to insurance coverage are listed in Part B, Attachment VII, of
this ACC.
(B) --The HA shall, to the extent that insurance proceeds permit, promptly restore, reconstruct,
and/or repair any damaged or destroyed property of a project, except with the written approval
Form HUD -53012A
Page 6 of 12 (7/95)
of HUD to the contrary.
Section 14 - Employer Requirements.
(A) The HA shall comply with all tribal, State and Federal laws applicable to employee benefit
plans and other conditions of employment.
(B) No funds of any project may be used to pay any compensation for the services of members
of the HA Board of Commissioners.
Section 15 - Books of Account, Records, and Government Access.
(A) The HA must maintain complete and accurate books of account for the projects of the HA
in such a manner as to permit the preparation of statements and reports in accordance with HUD
requirements, and to permit timely and effective audit.
(B) The HA must furnish HUD such financial and project reports, records, statements, and
documents at such times, in such form, and accompanied by such reporting data as required by
HUD.
(C) The United States Government, including HUD and the Comptroller General, and its duly
authorized representaurw, shall have full and free access to all HA offilces and laciiitles, and to
all books, documents, and records of the HA relevant to the administration of the projects under
this ACC, including the right to audit and make copies.
Section 16 - Termination of a Project Under Management.
If any project under management under this ACC is terminated, all project reserves shall become
part of another project administered by the HA in accordance with the terms of this ACC. If no
other project(s) under management exists, the remaining project reserves shad! be distributed as
directed by HUD.
Section 17 - Notices, Defaults, Remedies.
(A) Any notice required or permitted to be given under this ACC shall be in writing, signed by
a duly authorized official, and addressed, if to the HA, to the principal office of the HA, and if
to HUD, to the HUD office with jurisdiction over the HA, unless otherwise directed by
regulation or other requirement of HUD.
(B) Upon the occurrence of a substantial default by the HA, as determined by HUD in
accordance with this ACC, HUD shall be entitled to any or all of the remedies set forth in
paragraphs (E), (F), and (H) below. A substantial default is a serious and material violation of
Form HUD -53012A
Page 7 of 12 (7%95)
any one or more of the covenants contained in this ACC. Events of substantial default shall
include, but shall not be limited to, any of the following occurrences: (1) failure to maintain and
operate the project(s) under this ACC in a decent, safe, and sanitary manner; (2) the disposition
or encumbrance of any project or portion thereof without HUD approval; (3) failure of the HA
to comply with any civil rights requirements applicable to the HA and the project(s); (4)
abandonment of any project by the HA, or if the powers of the HA to operate the project(s) in
accordance with the provisions of this ACC are curtailed or limited to an extent that will prevent
the accomplishment of the objectives of this ACC; (5) failure to carry out modernization or
development in a timely, efficient and effective manner; and (6) termination of tax exemption
(either real or personal property) on behalf of a project covered under this ACC.
(C) Delivery of a notice of substantial default shall be required before the exercise of any
remedy permitted under this ACC. Such notice shall: (1) identify the specific covenants,
statutes, executive orders, or regulations alleged to have been violated; (2) identify the specific
events, actions, failure to act, or conditions that constitute the alleged substantial default; and (3)
provide a specific timeframe for the HA to cure the substantial default, taking into consideration
the nature of the default.
(D) Except in cases involving clear and apparent fraud, serious criminal behavior, or emergency
conditions that pose an imminent threat to life, health, or safety, the HA shall have the right to
appeal any such notice received from the HUD office with jurisdiction over the HA. Such
informal appeals sh--'! be in writing and shall be submitted within ten (10) working days from
the date of the HA's receipt of such notice. Appeals of the action of a HUD Office shall be
made to the Assistant Secretary for Public and Indian Housing, or such other official as shall be
a successor thereto. .
(E) Upon the occurrence of a substantial de fflt, or the expiration of any applicable cure period
provided by HUD, the HA shall: (1) convey to HUD title to the project(s) as demanded by HUD
if, in the determination of HUD (which determination shall be final and conclusive), such
conveyance of title is necessary to achieve the purposes of the Act; or (2) deliver possession and
control of the project(s) to HUD.
(l) Nothing contained in this ACC shall prohibit or limit HUD from the exercise of any other
right or remedy existing under applicable law, or available at equity. HUD's exercise or non-
exercise of any right or remedy under this ACC shall not be construed as a waiver of HUD's
right to exercise that or any other right or remedy at any time.
(G) If HUD shall acquire title to, or possession of the project(s), HUD shall reconvey or
redeliver possession of the project(s) to the HA, or to any successor recognized by HUD:
.(1) upon a determination by HUD that the substantial default has been cured and that the
project(s) will thereafter be operated in accordance with the terms of this ACC; or (2) after the
termination of HUD's obligation to make annual contributions available, unless there
Form HUD -53012A
Page 8 of 12 (7/95) -
are any obligations or covenants of the HA to HUD that are then in default.
(H) HUD may at any time by notice to the HA declare this ACC terminated with respect to any
project that at such time has not been permanently financed if: (1) the HA has made any
fraudulent or willful misrepresentation of any material fact in any document or data submitted
to HUD as a basis for this ACC or as an inducement to HUD to enter into this ACC; or (2) a
substantial default exists in connection with any of the projects; provided, that no such
termination shall affect any obligation of HUD to make annual contributions pursuant to section
12 of Attachment VI, Part B, of this ACC.
Section 18 - Rights and Obligations of HUD While in Possession of Project(s).
(A) During any period in which HUD holds title to or possession of the projects after a
substantial default by the HA, HUD shall develop and/or operate such project(s) as nearly as
practicable in accordance with the provisions of this ACC.
(B) During any such period, HUD may, in the name and on behalf of the HA, or in its own
name and on its own behalf (as HUD shall solely determine), exercise any and all rights of the
HA under this ACC, and perform any and all obligations of the HA under this ACC. Nothing
herein shall be deemed to make the action(s) or omission(s) of the HA attributable to HUD.
Section 19 - Conflict of Inter.
(A)(1) In addition to any other applicable conflict of interest requirements, neither the HA nor
any of its contractors or their subcontractors may enter into any contract, subcontract, or
arrangement in connection with a project under this ACC in which any of the following classes
of people has an interest, direct or indirect, during his or her tenure or for one year thereafter:
(i) Any present or former member or officer of the governing body
of the HA, or any member of the o« cer's immediate family. There shall
be excepted from this prohibition any present or former tenant commissioner
who does not serve on the governing body of a resident corporation, and who
otherwise does not occupy a policymaking position with the resident corporation,
the HA or a business entity.
(ii) Any employee of the HA who formulates policy or who influences
decisions with respect to the project(s), or any member of the employee's
immediate family, or the employee's partner.
(iii) Any public official, member of the local governing body, or State
or local legislator, or any member of such individuals' immediate family, who
exercises functions or responsibilities with respect to the project(s) or the HA.
Form HUD -53012A
Page 9 of 12 (7/95
(2) Any member of these classes of persons must disclose the member's interest or
prospective_ interest to the HA and HUD.
(3) The requirements of this subsection (A)(1) may be waived by HUD for good cause, if
permitted under State and local law. No person for whom a waiver is requested may exercise
responsibilities or functions with respect to the contract to which the waiver pertains.
(4) The provisions of this subsection (A) shall not apply to the General Depository
Agreement entered into with an institution regulated by a Federal agency, or to utility service
for which the rates are fixed or controlled by a State or local agency.
(5) Nothing in this section shall prohibit a tenant of the HA from serving on the governing
body of the HA.
(13)(1) The HA may not hire an employee in connection with a project under this ACC if the
prospective employee is an immediate family member of any person belonging to one of the
following classes:
(i) Any present or former member or officer of the governing body of the HA.
There shall be excepted from this prohibition any former tenant commissioner
who does not serve on the governing body of a resident corporation, and who
otherwise does not occupy a policymaking position with the HA.
(ii) Any employee of the HA who formulates policy or who influences
decisions with respect to the project(s).
(iii) Any public official, member of the local governing body, or State or local
legislator, who exercises functions or responsibilities with respect to the project(s)
or the HA.
(2) The prohibition referred to in subsection (B)(1) shall remain in effect throughout the
class member's tenure and for one year thereafter.
(3) The class member shall disclose to the HA and HUD the member's familial relationship
to the prospective employee.
(4) The requirements of this' subsection (B) may be "waived by the 'HA Board of "
Commissioners for good cause, provided that such waiver is permitted by State and local law.
(C) The requirements of subsections (A) and (B) of this section do not apply to contracts entered
into by an Indian Housing Authority, its contractors or subcontractors, although such contracts
Form HUD -53012A
Page 10 of 12 (7195)
remain subject to other applicable conflict of interest requirements.
(D) For purposes of this section, the term "immediate family member" means the spouse,
mother, father, brother, sister, or child of a covered class member (whether related as a full
blood relative, or as a "half" or "step" relative, e.g., a half-brother or stepchild).
Section 20 - Interest of a Member or Delegate to Congress.
No member of or delegate to the Congress of .the United States of America or resident
commissioner shall be admitted to any share or part of this ACC or to any benefits which may
arise from it. (As used in this section, the term "resident commissioner" refers to an individual
appointed to oversee a territory or possession of the United States of America, e.g., Guam.)
Section 21- Rights of Third Parties.
Except as to bondholders, as stated in Part B (Attachment VI) of this ACC, nothing in this ACC
shall be construed as creating any right of any third party to enforce any provision of the ACC
or to assert any claim against HUD or the HA.
Section 22 - Performance of Conditions Precedent to the Validity
of this ACC.
The HA certifies that all conditions precedent to the valid execution and delivery of this ACC
on its part have been complied with, that all things necessary to constitute this ACC its valid,
binding, and legal agreement on the terms and conditions and for the purposes herein set forth
have been done and have occurred and that the execution and delivery of the ACC on its part
have been and are in all respects duly authorized in accordance with law. HUD similarly
certifies with reference to its execution and delivery of this ACC.
Section 23 - Waiver or Amendment.
Any right or remedy that HUD may have under this ACC may be waived in writing by
HUD without the execution of a new or supplemental agreement; or by mutual agreement of the
parties to this ACC, this contract may. be amended in writing: Provided, That none of the
provisions of this ACC may be modified or amended so as to impair in any way HUD's
obligation to pay any annual contributions that have been pledged as security for any obligations
of the HA. ,
Form HUD -53012A
Page 11 of 12 (7/95)
In witness whereof, the HA and HUD have caused this ACC to be executed and the HA has
caused its seal to be hereunto affixed and attested all as of the date first above written.
(SEAL)
ATTEST:
1)
nffir.F? of Puhlic 14minine
Housing Authority of the City of Salina, Kansas
(Housing Authority)
By Paul Morse
(Chairperson)
UNITED STATES OF AMERICA
Secretary of Housing and Urban
Page 12 of 12
(Official Title)
Foran HUD -53012A
(7/95)
- r-- -------"' +- v = LLL►NL c vem_ ent Assistance Program
( CLAP) Amendment_U.S. Department of Housi_ts
To Consolidated Annual ContributionsContract or and Urban Development
To Hutual Help Consolidated Annual Contributions Contra Office of Public and
ct Indian Housing
Whereas, (Housing Authority)_Housing Authority of the City of Salina—(herein called the "HA") and the United States of
America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions
Contract(s) (ACC) Number(s) KC -1029 tic -s
dated7/16/68Consolidated ACC6"umbeand/OF
� , l u yrated�`
(, (herein called the "ACCs");
Whereas, HUD has agreed to provide CTAP grant assistance, upon execution of this Amendment, to the HA in the amount V
be specified below for the purpose of assisting the HA in financing improvements to the physical condition of existing
public/Indian housing developments and upgrades to the management and operation of such developments in order to ensure
that such developments continue to be available to serve low-income families:
$_480,000 for Fiscal Year 1997; to be referred to under Modernization Project Number
KS16P03890697
Whereas. HUD and the HA are entering into this CTAP Amendment Number _14_
Now Therefore, the ACCs are amended as follows:
1 2.
1 3.
The ACCs are amended to provide CTAP grant assistance in the
amounts specified above for modernization of HA developments
(including section 23 leased -housing bond financed, Mutual Help and
Turnkey Ilq. This amendment is a part of the ACCs.
The modernization work shall be carried out in accordance with all
HUD regulations and other requirements applicable to the
Comprehensive Improvement Assistance Program.
In accordance with the HUD regulations, the CLAP Budget has been
adopted by the HA and approved by HUD, and may be amended
from time to time. The modernization work shall be carried out as
described in the CLAP Budget.
Subject to the provisions of Part 11 of the ACCs, and to assist in the
modernization, HUD agrees to disburse to the HA from time to timis
as needed. up to the amount of funding assistance specified above.
The HA's �[ _ — �- Al
is: 'ems / f : �,�J p 4
The HA shall continue to operate each development (or so on 2 ~/
leased -housing bond financed, after the expiration of the respective
lease terms, the HA shall continue to operate each development) as
low-income housing in compliance with the ACCs, as amended. the
United States Housing Act of 1937 (the 'Act') and all HUD
regulations and requirements for a period of twenty years after the
last disbursement of C1AP grant assistance.
However, the provisions of Section 308181 and (C) of the ACC
(Article 14.2 of the Mutual Help Consolidated ACC) shall rema:r -
effect for so long as HUD determines there is any outstaneing
indebtedness of the HA to HUD which arose in connection wit- a_
development(s) under the ACCs and which is not elibible for
forgiveness, and provided further that, for a period of ten years
following the last payment of operating subsidy to the HA, no
disposition of any development covered by this amendment sna:i
occur unless approved by HUD.
8• Section 404 of Part Il of the ACC (Article 4.2 of the Mutual He,c
Consolidated ACC) shall not be applicable to the CLAP Grant.
7. If the HA does nor compiy with any of its obligations under this
Amendment. HUD may direct the HA to terminate all work des:r:_:-
in the CIAP Budget. In such case, the HA shall only incur addi:::---
costs with HUD approval.
8. Implementation or use of funding assistance provided under this
Amendment is subject to attached corrective action arder(s).
(mark onel
Yes _X_ No
9. The HA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance
hereunder available.
I'he parties have caused this Amendment to be effective as of the date of execution on behalf of the United States, as stated below.
IJ. S Decfarttnr�nt,fu.,��/.a
I'y
Title:
t
HA Executi%fi�i.re
By
Date: /03/97
Director Title: r /�
of Public Housing
Pagel of 1
formHUD-53009 (4/93)
rei:Randbook7485.1
11`20:'98 12:25 KC OFF. OF PUB. HSG. 4 87858270442 NO.391 P02
Comprehensive Improvement Assistance Program U.S. Department of ilousiag
(CTAP) Amendment and Urban Develuomerit`,. " I: 131
To Consolidated Ano ual Contributions Contract Office of Public and Indian Honsin
or To Mutual Help Coosolidnted Annual Contributions Contract R E C
Whereas,Mousing Authority) _Housing Authprity of A lnw. Kansas (IlCrein mlled the "FCA") and the
United States of America, Secretary of Housing and Urban Development (herein called "HUD").eutered into Consolidated
Annual Contributions Contract(s) (ACC) Number(s) KC -1029 , dated 1/25196 ;
and/or Mutual Help Consolidated ACC(s) Number(s) , dated (herein called the "ACCs');
Whereas, HUD has agreed to provide CLAP grant assistance, upon executien of this Amendment, to the HA in the amount to
be specified below for the purpose of assisting the HA in financing improvements to the physical condition of existing
public/Indian housing developments and upgrades to the management and operation of such developments in order to ensure
that such developments continue to be available to serve low-income families:
$ 200.000 for Fiscal Year �; to be referred to under Modernization Project Plumber KS16P038"799
Whereas, JIM and the RA are entering into this CLAP Amendment Number _ _ 4 15
-Nowa Therefore, the ACCs are amended as follows:
t. The ACCs are amended to provide C1AP grant assistance In the
amount-Vaeiftirl above for moderrllzadQn of HA developments
(Including section 23 leased -housing bond financed, Mutual Help
and Turnkeylll). This amendmentls a partof the ACCs.
2 The modernization work shall be carried out in accordance with ad
HUD regulations and other requirements applicable to the
CompmhensivelmprovementAsslstance Pett.
3. to accordance with the HUD regulations, the C1AP Budget has been
adopted by the 11A and approved by HUD, arid Amy be driertdlbd
from time to dme_ The modernization work shall be carried out as
descdbedin the C1AP Budget
4. Subject to the provisions of Part 11 of the ACCs, and to assist In the
modernization, HUD agrees to disburse to the HA from time to time
as needed, up to the amount offunding assistance specliledabove.
At IIA'a tax ident/Bcationnuntbarit: T:R - 0S9:? 1.
S. The HA shall Continue to operate each development (forsectlan 23
However, the provisions of 5ecfion 309(9) and (C) of Sire
Aglddle 14.2 of the Mutual help Canaolidai*dACC) shall remain in o
forso long as HUD determinestherefs any outstandinglndebtedne
the HA to HUD which arose in connection with any devctoprne
under the ACCs and which Is not eligible for forgiveness, and ptov
further that. for a period of ten years Wowing the last paymen
operating subsidy to the HA, no disposition of any develop
covered by this amendmenf shall occur unless approved byHUD.
6. Section 404 of Part it of the ACC (Article 42 of ire MUft al
ConsdNdafadACC) ahall not be appliooble to ft WpCrallf
Y if the HA does not comply with any of ifs obllgavans under
Amendment, HUD may direct the IIA Nb t&"$iltdtt6 Ali wall? describe
the CLAP Budget In such case, the HA shall only lncuraddttfanal c
With HUD approves.
R. Implomant0an er use of funding sssistoneo pmvidod under
Amandmentis subjectfo attachedeondition[s).
leased-housingbond financed, after the expiration of the respeetiv+e NONE
lease te(ms, the HA shall continue to operate each development) as
164V klaernahoualrry /n aemalianaa with the ACQa. as amemdad. the 0. The HA sakme►wledgvc etc rvclreneibility ler 7dh4ranre k%
United States Housing Act of 1937 (the 'Art) and all Hil93 Ammrdrrmpnt by subgrantees to which It makes funding 8551sT
rcgulatianaand requirements for a parted of twenty yc= offer the herounderavailabla
tp� lastdisb)ursem&ttof CI�A�Aglrantassistanee. ry7 1 '
111C YSl {IGJ xYG l,dLL�Gt] LL11J 111J1C11t�I1C11e 1V LC uf%,G UYC d1 ,11�1 tilt LLac Vf
GhGbLL4VL VU 61141f of zUc United 8t4tCZ, a4 St%JZdbcJaw.
U.S.
By:
and Urban Development I HA Axecutive Director
TRIC Andrew L El
Director
Office of Public Housing
D=
mtillmdboak 7485.1
Comprehensive Improvement Assistance Program U.S. Department of Housing
(CIAP) Amendment and Urban Development
To (Form HUD -53010 the Consolidated Annual Contrihutions Contract OFFice of Puhlic and Indian Housing
Whereas
HOUSING AUTHORITY OF'SALINA (herein called the "HA"), and
the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated
Annual Contributions Contract(s) (ACC) Number(s) KS1029 ,
Whereas, HUD has agreed to provide CIAP assistance, upon execution of this Amendment, to the HA in the amount to be specified
below for the purpose of assisting the HA in financing improvements to the physical condition of existing public/Indian housing
developments and upgrades to the management and operation of such developments in order to ensure that such developments
continue to be available to serve low-income families:
$329,343 for Fiscal Year 1999; to be referred to under Modernization Project
Number KS16PO3890899
HA Tax Identification Number (TIN)C 5=^�
Whereas, HUD and the HA are entering into this CIAP Amendment Number 8
Now Therefore, the ACCs are amended as follows:
1. The ACCs are amended to provide CIAP assistance in the amount
specified above for modernization of HA developments (including
section 23 leased -housing bond financed, Mutual Help and
Turnkey/11). This amendment is apart of the ACCs.
2. The modernization work shall be carried out in accordance with
a// HUD regulations and other requirements applicable to the
Comprehensive Improvement Assistance Program.
3. In accordance with the HUD regulations, the CIAP Budget has
been adopted by the HA and approved by HUD, and may be
amended from time to time. The modernization work shall be
carried out as described in the CIAP Budget
4. Subject to the provisions of the ACCs, and to assist in the
modernization, HUD agrees to disburse to the HA from time to
time as needed, up to the amount of funding assistance specified
above.
5. The HA shall continue to operate each development (for section
23 /eased -housing bond financed, after the expiration of the
respective /ease terms, the HA shall continue to operate each
development) as low-income housing in compliance with the
ACCs, as amended, the United States Housing Act of 1937 (the
Act) and al/ HUD regulations
and requirements for a period of twenty years after the last
disbursement of CIAP assistance. 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 HA to
HUD which arose in connection with any development(s) under
the ACCs and which is not eligible for forgiveness, and provided
further that, for a period of ten years following the last payment of
operating subsidy to the HA, no disposition of any development
covered by this amendment shall occur unless approved by HUD.
6. If the HA does not comply with any of its obligations under this
Amendment, HUD may direct the HA to terminate all work
described in the CIAP Budget to such case, the HA shall only
incur additional costs with HUD approval.
7. Implementation or use of funding assistance provided under this
Amendment is subject to attached condition(s).
(mark oneL] Yes _� No
8. The HA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance
hereunder available.
The parties have caused this Amendment to he effertive ac of the (into __ t, 1, UP c:a_A _
U.S. Depart entof Housing and Urban Development
By Date: r
Title: Andrew L. Boeddeker
I' Director, Office of Public Housing
Kansas City HUB Office
�•••••� ........ v.aa,.vv �,.uw , uJ J La�Gll lJG1 V W .
HA Executive Director
By. Date:
1 /Kill
Title:
form HUD -53009-A (8/95)
ref Handbook 7485.1
Page 1 of 1
Capital Fund Program
(CFP) Amendment
To The Consolidated Annual Contributions Contract
(form HUD -53012)
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
F('r'{ !.., .`.. J ., T
Whereas, (Public Housing Agency) Salina Housing Authorityi'(RSQ'3!6)7(h� i a lgd the "PHA" and the United States
of America, Secretary of Housing and Urban Development (herein called 2160"] entered into Consolidated Annual
Contributions Contract(s) (ACC) Number(s) K61029 R i, t
dated 1-25-9(p
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 in order to ensure
that such developments continue to be available to serve low-income families: $ 312.818 for
Fiscal Year 20 00 to be referred to under Capital Fund Grant Number KS16P03850100
PHA Tax Identification Number (TIN) 48-0838881
Whereas, HUD and the PHA are entering into this CFP Amendment Number
Now Therefore, the ACC(s) is ( are) amended as follows
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. In accordance with the HUD regulations, the PHA
Agency 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 PHA Agency Plan
Capital Fund Annual Statement.
4. Subject to the provisions of the ACC(s), and to assist in
the capital and management activities, HUD agrees to
disburse to the PHA from time to time as needed up to
the amount of funding assistance specified above.
5. The PHA shall continue to operate each development
as low-income housing in compliance with the ACC(s),
as amended, the United States Housing Act of 1937
(the "Act") and all HUD regulations for a period of
twenty years after the last disbursement of CFP
assistance for modernization activities and for a period of
forty years after the last distribution of CFP assistance
for development activities. 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
development(s) under the ACC(s) and which is not
eligible for forgiveness, and provided further that, for a
period of ten years following the last payment of
assistance from the operating fund to the PHA, no
disposition of any development covered by this
amendment shall occur unless approved by HUD.
If the PHA does not comply with any of its obligations
under this Amendment, HUD may direct the PHA to
terminate all work described in the Capital Fund Annual
Statement of the PHA Agency Plan. In such case, the
PHA shall only incur additional costs with HUD
approval.
Implementation or use of funding assistance provided
under this Amendment is subject to attached Corrective
Action Order(s).
(mark one): ❑ Yes No
The PHA acknowledges its responsibility for adherence
to this Amendment by subgrantees to which it makes
funding assistance hereunder available.
The parties have caused this Agreement to be effective as of the date of execution on behalf of the United States, as stated
below.
Departmen a ban Development
PHA Exe tive Director
Date: 9/25/00
BY: Date:
7-10-00
Title:
Title:
Director
Interim Director
Office of Public Housing
Form HUD -52840A (8/95)
ref Handbook 7485.3
Capital Fund Program U.S. Department of Housing
(CFP) Amendment and Urban Development
To The Consolidated Annual Contributions Contract Office of Public and Indian Housing
(form HUD -53012)
Whereas, (Public Housing Agency) Salina Housing Authority (herein called the ""PHA"") and the
United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidate
Annual Contributions Contract(s) (ACC) Number(s) -V-C- - t o 2q
dated t -2 5 _ CL(e
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 in order to ensure
that such developments continue to be available to serve low-income families: $317,907 for
Fiscal Year 2001 to be referred to under Capital Fund Grant Number KS16PO3850101
PHA Tax Identification Number (TIN) 4e -09, 3BAO I
Whereas, HUD and the PHA are entering into this CFP Amendment Number Is
Now Therefore, the ACC(s) is ( are) amended as follows:
2.
3.
4.
5.
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).
The capital and management activities shall be
carried out in accordance with all HUD regulations
and other requirements applicable to the Capital Fund
Program.
In accordance with the HUD regulations, the PHA
Agency 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 PHA Agency Plan
Capital Fund Annual Statement.
Subject to the provisions of the ACC(s), and to assist
in the capital and management activities, HUD agrees
to disburse to the PHA from time to time as needed
up to the amount of funding assistance specified
ahnvn
The PHA shall continue to operate each development
as low-income housing in compliance with the
ACC(s), as amended, the United States Housing Act
of 1937 (the "Act") and all HUD regulations for a
period of twenty years after the last disbursement of
CFP
assistance for modernization activities and for a period
of forty years after the last distribution of CFP
assistance for development activities. 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 development(s) under the
ACC(s) and which is not eligible for forgiveness, and
provided further that, for a period of ten years following
the last payment of assistance from the operating fund
to the PHA, no disposition of any development
covered by this amendment shall occur unless
approved by HUD.
6. If the PHA does not comply with any of its obligations
under this Amendment, HUD may direct the PHA to
terminate all work described in the Capital Fund
Annual Statement of the PHA Agency Plan. In such
case, the PHA shall only incur additional costs with
HUD approval.
7. Implementation or use of funding assistance provided
under this Amendment is subject to attached
Corrective Action Order(s).
(mark one) ® Yes [f NO
8. The PHA acknowledges its responsibility. for
adherence to this Amendment by subgrantees to
which it makes funding assistance hereunder available.
The parties have caused this Agreement to be effective as of the date of execution on behalf of the United States, as
stated below.
U. artme ing an ba evelopment
PHA Executive Director
By: Date: 12 7 JUM
By: pate:
Title:
Director
Title:
AlOfficef
Public Housing/`h1w/-,7S
Form HUD -5284A (8/95)
ref Handbook 7485.3
610
Capital Fund Program U.S. Department of Housing
(CFP) Amendment and Urban Development
_�) The Consolidated Annual Contributions Office of Public and Indian Housing
ontract (form HUD -53012 )
Whereas, (Public Housing Authority) Salina Housing Authority (herein called the "PHA")
and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions
Contract(s) (ACC) Number(s) KC -1029 dated
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:
$302,571 for Fiscal Year 20 02 to be referred to under Capital Fund Grant Number KS16PO3850102
PHA Tax Identification Number (TIN) 48-0838881
Whereas, HUD and the PHA are entering into this CFP Amendment Number
Now Therefore, the ACC(s) is ( are) amended as follows:
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. In accordance with the HUD regulations, the Annual
PHA Plan ha 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 Annual PHA Plan Capital Fund
mual Statement.
OR
b. The Annual PHA Plan has not been adopted by the
PHA and /approved by HUD. Unless the PHA is troubled, the PHA may
only use up to 50% of its CFP assistance, for work items contained in its
approved 5 -Year Plan, before the Annual PHA Plan is approved.
However, all of its CFP assistance for this fiscal year is considered
available for purposes of statutory obligation and expenditure time periods
3s of the effective date of this CFP amendment.
Of this 50% amount, in cases where HUD has approved a
Captial Fund Financing Amendment to the ACC (CFF Amendment
attached), HUD will deduct the payment for amortization scheduled
oayments from the grant immediately on the effective date of this CFP
Amendment. The payment of CFP funds due per the amortization
Gchedule will be made directly to a designated trustee (Trustee Agreement
attached) within 3 days of the due date.
Whether 3.a or 3.b is selected 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 1937, as amended, (the "Act")
and 48 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 the CFP assistance
becomes available to the PHA for obligation.
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 or the designated trustee from time to time as
needed up to the amount of 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 and for a
period of forty years after the last distribution of CFP assistance for
development activities. 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 development(s) under the ACC(s) and which is not
eligible for forgiveness, and provided further that, for a period of ten
years following the last payment of assistance from the Operating Fund
to the PHA, no disposition of any development covered by this
amendment shall occur unless approved by HUD.
6. The PHA will apply for the entire CFP assistance amount 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 with in
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 of funding assistance provided under this
Amendment is subject to attached corrective action order(s).
(mark one) El Yes f'(1 ?io
8. The PHA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance
hereunder available.
The parties have executed this Agreement, and it will be effective on 7- 0 1 — 02, This is the date on which CFP assistance becomes
available to the PHA for obligation.
U. S. Department of Ho ing and Urban Development HA Executive Director ,
By: Date: By:
0
I r
Title. t�OffiCE Of Public tg �ee� / 1
Previous versions obsolete form HUD -52840-A (03/2002)
Capital Fund Program
(CFP) Amendment
To The Consolidated Annual Contributions
Contract (form HUD -53012)
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Whereas, (Public Housing Authority) Salina Housing Authority (KS038) (herein called the "PHA")
and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions
Contract(s) ACC(s) Number(s) KC -1029
dated: I — 2 S —Ct (.
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:
$ 248,950 for Fiscal Year 2003 to be referred to under Capital Fund Grant Number KS16PO3850103
PHA Tax Identification Number (TIN). 48-0838881
Whereas, HUD and the PHA are entering into the CFP Amendment Number_ __ 26
Now Therefore, the ACC(s) is (are) amended as follows: 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
1. The ACC(s) is (are) amended to provide CFP assistance in the amount PHA or the designated trustee from time to time as needed up to the
specified above for capital and management activities of PHA amount of the funding assistance specified herein.
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. (Chec7a.
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 Annual PHA Plan Capital Fund Annual
Statement.
OR
b. 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 5 -Year Plan, before the Annual
PHA Plan is approved.
For cases where HUD has approved a Capital Fund Financing
Amendment to the ACC (CFF Amendment attached), HUD will deduct the
payment for amorization scheduled payments from the grant immediately
on the effective date of this CFP Amendment. The payment of CFP funds
due per the amorization scheduled will be made directly to a designated
trustee (Trustee Agreement attached) within 3 days of the due date.
Whether 3.a or 3.b is selected above, the 24 month time period in
which the PHA must obligate this CFP assistance pursuant to section
90)(1) of the Untied States Housing Act of 1937, as amended, (the "Act")
and 48 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).
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 and for a period of forty years after
the last distribution of CFP assistance for development activities.
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 development(s) under
the ACC(s) and which is not eligible for forgiveness, and provided further
that, for a period of ten years following the last payment of assistance
from the Operating Fund to the PHA, no disposition of any development
covered by this amendment shall occur unless approved by HUD.
6. The PHA will apply for the entire CFP assistance amount 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 of funding assistance provided under this
Amendment is subject to attached corrective action order(s).
(mark one) : ❑ Yes Ef� No
8. The PHA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance herein
available.
The parties have executed this Agreement, and it will be effective on 17 SEP 1003 _ This is the date on which
CFP assista a valla HA for obligation.
U.S. D d De elopment Ex �irectoBy Dar:? SEP 1UU3jHA
Title IreCtO Title
Executive Director
Office of Public Housing
Previous versions obsolete form HUD -52840-A 03/04/2003
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)
Whereas, (Public Housing Authority)_ Salina Housing Authority (KS038) (herein called the "PHA")
and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions
Contract(s) ACC(s) Number(s) KC -1029
dated: ,-, S-— 9--.,,'
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:
$ 49.615 for Fiscal Year 2003 to be referred to under Capital Fund Grant Number KS16PO3850203
PHA Tax Identification Number (TIN). 48-0838881
Whereas, HUD and the PHA are entering into the CFP Amendment Number 211
Now Therefore, the ACC(s) is (are) amended as follows: 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
1. The ACC(s) is (are) amended to provide CFP assistance in the amount PHA or the designated trustee trom time to time as needed up to the
specified above for capital and management activities of PHA amount of the funding assistance specified herein.
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)
V11, a. 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 Annual PHA Plan Capital Fund Annual
Statement.
OR
b. 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 5 -Year Plan, before the Annual
PHA Plan is approved.
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) within 3 days of the due date.
Whether 3.a or 3.b is selected above, the 24 month time period in
which the PHA must obligate this CFP assistance pursuant to section
90)(1) of the Untied States Housing Act of 1937, as amended, (the "Act")
and 48 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).
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 and for a period of forty years after
the last distribution of CFP assistance for development activities.
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 development(s) under
the ACC(s) and which is not eligible for forgiveness, and provided further
that, for a period of ten years following the last payment of assistance
from the Operating Fund to the PHA, no disposition of any development
covered by this amendment shall occur unless approved by HUD.
6. The PHA will apply for the entire CFP assistance amount 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 of funding assistance provided under this
Amendment is subject to attached corrective action order(s).
(mark one) : ❑ Yes P1 No
8. The PHA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance herein
available.
The parties have executed this Agreement, and it will be effective on Z — e�7_ This is the rintP nn which
Previous versions obsolete form HUD -52840-A 03/04/2003
Capital Fund Program
(CFP) Amendment
To The Consolidated Annual Contributions
Contract (form HUD -53012)
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
vvrnereas, (ruouc housing Authority) Salina Housing Authority (K
and the United States of America, Secretary of Housing and Urban
Contract(s) ACC(s) Number(s) KC -1029
(herein called the "PHA")
opment (herein called "HUD") entered into Consolidated Annual Contributions
dated: -1/25/96
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:
$ 288.309
for Fiscal Year 2004 to be referred to under Capital Fund Grant Number KS16P03850104
PHA Tax Identification Number (TIN). On File
Whereas, HUD and the PHA are entering into the CFP Amendment Number
Now Therefore, the ACC(s) is (are) amended as follows: 4. Subject to the provisions of the ACC(s) and paragraph 3. and to assist
1. The ACC(s) is (are) amended to provide CFP assistance in the amount PHA capital
designated mted tgemefagrees to rom time to DDe as needed disburse to the the
specified above for capital and management activities of PHA
developments. This amendment is a part of the ACC(s). amount of the funding assistance specified herein.
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. 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 Annual PHA Plan Capital Fund Annual
Statement.
OR
_ b. 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 5 -Year Plan, before the Annual
PHA Plan is approved.
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) within 3 days of the due date.
Whether 3.a or 3.b is selected above, the 24 month time period in
which the PHA must obligate this CFP assistance pursuant to section
9(j)(1) of the Untied States Housing Act of 1937, as amended, (the "Act")
and 48 month time period in which the PHA must expend this CFP
assistance pursuant to section 9(j)(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).
The parties have
CFP aFssi."nnr, 1
U
this Agreement, and it will be effective on
iVa bble to the PHA for obligation.
Date:
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 and for a period of forty years after
the last distribution of CFP assistance for development activities.
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 development(s) under
the ACC(s) and which is not eligible for forgiveness, and provided further
that, for a period of ten years following the last payment of assistance
from the Operating Fund to the PHA, no disposition of any development
covered by this amendment shall occur unless approved by HUD.
6. The PHA will apply for the entire CFP assistance amount for thisFY. 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 of funding assistance provided under this
Amendment is subject to attached corrective action order(s).
(mark one) : ❑ Yes No
8. The PHA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance herein
available.
This is the date on which
Previous versions obsolete
form HUD -52840-A 03/04/2003