TOWN OF HARWICH,
MASSACHUSETTS
COMMUNITY PRESERVATION
ACT
GRANT AGREEMENT FOR
HARWICH HOUSING
AUTHORITY
RENTAL ASSISTANCE
REVOLVING LOAN PROGRAM
This
AGREEMENT made this____ day of July, 2007, by and between the Town of Harwich,
a municipal corporation duly organized under the laws of Massachusetts and
having a usual place of business at Town Offices, 746 Main Street, Harwich, MA
02645, hereinafter referred to as the “TOWN”, acting by and through the
Community Preservation Committee, hereinafter referred to as the “COMMITTEE”,
and Harwich Housing Authority, a public body politic and corporate with an
address of 38 Sisson Road, Harwich Port, MA 02646, hereinafter referred to as
the “GRANTEE”.
WITNESSETH:
WHEREAS,
the COMMITTEE invited the submission of proposals for grants of funds for
purposes consistent with the Community Preservation Act, G.L. c.43B; and
WHEREAS,
in response thereto, the GRANTEE submitted a proposal for funding for purposes
of pursuing affordable housing opportunities in Harwich, hereinafter referred
to as the “Project”, and the COMMITTEE reviewed and approved the Project and
recommended that the May 8, 2007 Annual Town Meeting appropriate the funds
herein described for the purposes of the Project; and
WHEREAS,
the May 8, 2007 Annual Town Meeting thereafter appropriated the funds
recommended by the COMMITTEE for the Project and authorized the COMMITTEE to enter into a grant agreement with the
Grantee for the purposes set forth in the Project; and
NOW
THEREFORE, the TOWN and the GRANTEE agree as follows:
Funding. As recommended by the COMMITTEE under
Article 47 of the May 8, 2007 Annual Town Meeting, and as appropriated by said
Town Meeting, the TOWN shall grant to the GRANTEE the sum of $100,000 (the
“Funds”). The GRANTEE shall use the
Funds only for the purposes of the Project, as described herein.
Community
Preservation Committee Conditions.
Funds transferred under this grant are to be utilized only for a
revolving loan fund that will assist persons with household incomes at or below
80% of the area median income with first and last month’s rent and security
deposits at low or no interest.
Preference will be given to persons living or working in Harwich. CPA funds will be used for the loans and for
reasonable administrative costs. All
persons accepting loan funds will attend a financial planning/budgeting
class.
Contact. GRANTEE has determined Valerie Foster,
Executive Director of the Harwich Housing Authority, to be the contact person
responsible for administration of the Project.
Liability
of the Town. The TOWN’s liability
hereunder shall be to make the payment specified in this AGREEMENT and the TOWN
shall be under no further obligation or liability. Nothing in this AGREEMENT shall be construed to render the TOWN
or any elected or appointed official or employee of the TOWN, or their
successors in office, personally liable for any obligation under this
AGREEMENT.
Indemnification. The GRANTEE shall indemnify, defend, and
hold the TOWN and its departments, officers, employees, servants and agents
harmless from and against any and all claims, demands, liabilities, actions,
causes of actions, costs and expenses, including attorney’s fees, arising out
of or directly from the GRANTEE's performance of the Project or the negligence
or misconduct of the GRANTEE or the GRANTEE's agents or employees.
Inspections
and Reports. The GRANTEE shall provide
the COMMITTEE with quarterly progress reports on or before January 1, April 1,
July 1, and October 1, for each quarter any of the Funds remain unexpended, and
with notification within 30 days after the last of the Funds are expended. The COMMITTEE reserves the right to require
supplementary information from the GRANTEE regarding the quarterly reports or
final notification.
Record
Keeping. The GRANTEE agrees to keep
such records with respect to the utilization and the proceeds of this AGREEMENT
as are kept in the normal course of business and such additional records as may
be required by the COMMITTEE. During
normal business hours and as often as the COMMITTEE may deem necessary, the
COMMITTEE shall have full and free access to such records and may examine and
copy such records. The GRANTEE further
agrees to meet from time to time with the COMMITTEE or its designee(s), upon
reasonable request, to discuss expenditures under this AGREEMENT.
Successors
and Assigns. This AGREEMENT is binding
upon the parties hereto, their successors, assigns and legal
representatives. The GRANTEE shall not
assign, subcontract or otherwise transfer this AGREEMENT, in whole or in part,
without the prior written consent of the COMMITTEE.
Termination. In the event the GRANTEE fails to fulfill
all obligations under the terms of this AGREEMENT as determined by the
COMMITTEE, the COMMITTEE shall have the right, in its sole discretion, to
terminate this AGREEMENT upon written notice to the GRANTEE. Upon receipt of said notice, the GRANTEE
shall cease to incur additional expenses in connection with this AGREEMENT.
Return
of Funds. In the event the GRANTEE
fails to fulfill all obligations under the terms of this AGREEMENT and the
AGREEMENT is terminated pursuant to Section 14, any Funds granted to the
GRANTEE under this Agreement and not yet expended shall be returned forthwith
to the TOWN without further expenditure thereof. If the GRANTEE fails to fulfill its obligations under the terms
of this AGREEMENT as a result of negligent or intentional acts or omissions of
the GRANTEE, the GRANTEE shall be liable to repay to the TOWN the entire amount
of funding provided under this Agreement, and the TOWN may take such steps as
are necessary, including legal action, to recover such funds. Any Funds so returned or recovered shall be
placed in the TOWN’S Community Preservation Fund. In the event that the TOWN takes legal action under this
AGREEMENT, the GRANTEE shall pay any and all costs, including reasonable
attorneys’ fees expended for enforcement of this AGREEMENT.
Compliance
with Laws. The GRANTEE shall comply with all Federal, State and local laws,
rules, regulations and orders applicable to the Project, such provisions being
incorporated herein by reference, and shall be responsible for obtaining all
necessary licenses, permits, and approvals required in connection with the
Project.
Notice. Any and all notices, or other communications
required or permitted under this Agreement, shall be in writing and delivered
by hand or mailed postage prepaid, return receipt requested, by registered or
certified mail or by other reputable delivery service, to the parties at the
addresses set forth on Page 1 or furnished from time to time in writing
hereafter by one party to the other party.
Any such notice or correspondence shall be deemed given when so delivered
by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent
by private overnight or other delivery service, when deposited with such
delivery service.
Severability. If any term or condition of this Agreement
or any application thereof shall to any extent be held invalid, illegal or
unenforceable by the court of competent jurisdiction, the validity, legality,
and enforceability of the remaining terms and conditions of this Agreement
shall not be deemed affected thereby unless one or both parties would be
substantially or materially prejudiced.
Governing
Law. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the Commonwealth of Massachusetts and the GRANTEE submits to
the jurisdiction of any of its appropriate courts for the adjudication of
disputes arising out of this Agreement.
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
GRANTOR
TOWN
OF HARWICH, MA
By: Jack E. Brown
Title: Chairman, Community Preservation Committee
Signature:____________________________________
GRANTEE
HARWICH
HOUSING AUTHORITY
By: Jennifer L. Thyng
Title: Chairperson, Harwich Housing Authority
Signature:____________________________________
Date:
_____________________________