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05-069, Urban Department of Housing and Urban Development Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 060906 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin CITY OF CUPERTINO ECC-Z-5-09-01 94-6027368 07/01/2005 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved 10300 TORRE A VENUE B-05-MC-06-0057 $434,807 CUPERTINO, CA 95014 5b. Project/Grant No.2 6b. Amount Approved 5c. Project/Grant No.3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-reci ient entities to which it makes fundin assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) STEVEN B. SACHS Title DIRECTOR, COMMUNITY PLANNING AND DEVELOPMENT Signature A _, Date, U . X 13 /~~ ,rJ N 3 02005 Grantee Name E!TY OF CUPERTINO Title 8. Special Conditions (check one) o None i:8l Attached 0<--- 7. Category of Title I Assistance for this Funding Action (check only one) i:8l a. Entitlement, Sec 106(b) Db. State-Administered, Sec 106(d)(1) o c. HUD-Administered Small Cities, Sec 106(d)(2)(B) o d.lndian CDBG Programs, Sec 106(a)(1) De. Surplus Urban Renewal Funds, Sec 112(b) Of. Special Purpose Grants, Sec 107 o g. Loan Guarantee, Sec 108 9a. Date HUD Received Submi 05/16/2005 9b. Date Grantee Notified JUL 2 1 2005 9c. Date of Start of Program Year 07/01/2005 10. check one i:8l a. Orig. Funding Approval o b. Amendment Amendment Number 11. Amount of Community Development Block Grant a. Funds Reserved for this Grantee 12a. Amount of Loan Guarantee Commitment now being Approved b. Funds now being Approved c. Reservation to be Cancelled 11aminus11b 12b. Name and complete Address of Public Agency CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 FY (2005) $434,807 $434,807 FY( FY( Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency DAVID W. KNAPP Title ~ C 2=1- - O~ HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmldd/yyyy) F [ill ;m [ill q D D CD ITIIIJ cg;g:::J [ill] I II 10 Amount o OIITJ I I Y d!nJ Amount 0 I I Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (4/93) 8. SPECIAL CONDITIONS E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. 1 GRANTEE: City of Cupertino, California PROGRAM: FY 2005 Community Development Block Grant (CDBG) PROGRAM NO.: B-05-MC-06-0057 Enclosed is the Grant Agreement and Funding Approval (three copies ofRUD- 7082) which constitutes the contract between the Department of Housing and Urban Development and the City of Cupertino for the CDBG program. Please sign these forms (three original signatures), retain one copy for your records, and return the remaining two copies to the San Francisco RUD Field Office. Upon receipt of the executed Grant Agreement, the funds can then be accessed through the Integrated Disbursement and Information System (IDIS). If there is a need to add individuals authorized to access IDIS, an IDIS Access Request Form must be prepared, notarized, and returned to this office with the Grant Agreement. Also, if there is a need to establish or change the depository account to which these grant funds are to be wired, a Direct Deposit Sign-up Form (SF-1 1 99A) must be completed by you and your financial institution and mailed to this office. Certain activities are subject to the provisions of24 CFR Part 58 (Environmental Review Procedures for the CDBG program). Funds for such activities may not be obligated or expended unless the release of funds has been approved in writing by RUD. A request for the release of funds must be accompanied by an environmental certification. The Special Condition in your Grant Agreement and Funding Approval concerning the review procedures under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and RUD's implementing regulations at 24 CFR Part 52~ restricts the obligation or expenditure of funds for the planning or construction of water or sewer facilities until the completion of the review process and receipt of written notification of Release of Funds from HUD. Because you have not submitted your Consolidated Plan for review under E.O. 12372, we assume you do not propose to use funds for activities subject to review. However, the condition requires that in the event you amend or otherwise revise your Consolidated Plan to use funds for the planning or construction of water or sewer facilities you must receive a written Release of Funds from HUD before obligating or expending funds for such activities. ~ ,4. ( :d \-0 u.s. Department of Housing and Urban Devel"J-.~. c.-k. San Francisco Regional Office - Region IX 600 Harrison Street, 3rd Floor San Francisco, CA 94107-1387 www.hud.gov espanol.hud.gov l~~~~E~~~~\ ~ * uII011U * ~ \1111/ i9b oq -4/oJ IJF'if.\. . J W ;?:--1' 1.'2;; ..~--...p f' I ./ . Honorable Patrick Kwok Mayor of Cupertino 21602 Villa Maria Court Cupertino, CA 95014 JUL 2 1 2005 Dear Mayor Kwok: SUBJECT: Program Year 2005 Annual Action Plan City of Cupertino, California The Annual Action Plan submitted for the City of Cupertino has been reviewed and approved by HUD. The grant assistance that is being approved along with the Action Plan is as follows: Community Development Block Grant $434,807 Weare forwarding three copies of the Grant Agreement and Funding Approval forms, along with guidance and/or conditions applicable to the CDBG program, to David W. Knapp, City Manager, for execution as your designee. Mr. Knapp should sign each of these forms, retain one copy for the City's records and return the remaining two copies to the HUD San Francisco Office. Within three weeks of our receipt of your executed grant agreement, the grantee should be able to draw these funds through the Integrated Disbursement and Information System (IDIS). Furthering fair housing is one of the Department's highest priorities. Included in your Action Plan was a certification that your jurisdiction will affirmatively further fair housing, which means that it will (1) conduct an analysis to identify impediments to fair housing choice within your community, (2) take appropriate actions to overcome the effects of any impediments identified through that analysis and (3) maintain records reflecting the analysis and actions. Your jurisdiction should update its analysis of impediments (AI) periodically. Actions and milestones your jurisdiction plans to accomplish to overcome the effects of impediments to fair housing choice, which should be measurable, should be described in each annual Action Plan. The source and amount of all funding for the specific actions to affirmatively further fair housing should be noted in the Action Plan. The results of actions taken during the program year to address impediments identified in your AI should be reported in the Consolidated Annual Performance Evaluation Report (CAPER) submitted to HUD. 2 Please note that the CAPER for the Program Year 2004 Action Plan will be due on September 30, 2005. We look forward to working with you over the coming year to accomplish the housing and community development goals set forth in the City's Consolidated Plan. If you have any questions or require further information or assistance, please contact Geoffrey Ross, Community Planning and Development Representative, at (415) 489-6594. Sincerely, ~/?), ~ Steven B. Sachs Director, Community Planning and Development Division cc: David W. Knapp, w/enc1s Vera Gil, Senior Planner