HomeMy WebLinkAbout2018-109FIRST AMENDMENT TO INTERLOCAL AGREEMENT CONCERNING HUD HOME INVESTMENT
PARTNERSHIP ACT PROGRAM CONSORTIUM
THIS FIRST AMENDMENT is made and entered into by and between Indian River, Martin and St. Lucie
Counties, political subdivisions of the State of Florida, hereinafter referred to collectively as the
"Counties", the City of Port St. Lucie, a Florida municipal corporation, hereinafter referred to as "Port St.
Lucie", the Village of Indiantown, a Florida municipal corporation, hereinafter referred to as "Indiantown",
and the City of Fellsmere, a Florida municipal corporation, hereinafter referred to as "Fellsmere".
WHEREAS, the National Affordable Housing Act of 1990 has authorized the HOME Program to provide
financial assistance through the U.S. Department of Housing and Urban Development, hereinafter
referred to as "HUD", to local governments for the production of affordable housing; and
WHEREAS, in 2007 the Counties entered into an Interlocal Agreement to create a consortium under the
HOME Investment Partnerships Act for the purpose of becoming a participating jurisdiction in the HOME
Program in order to increase the availability of affordable housing for their respective residents,
hereinafter referred to as the "Interlocal Agreement"; and
WHEREAS, Port St. Lucie, Indiantown, and Fellsmere desire to be added to the HOME Consortium
in order to increase the availability of affordable housing for their respective residents; and,
WHEREAS, the Counties are willing to amend the Interlocal Agreement in order for Port St. Lucie,
Indiantown, and Fellsmere to become members of the HOME Consortium for the benefit of their
residents.
NOW THEREFORE, in consideration of the foregoing and mutual covenants hereinafter contained,
the Interlocal Agreement is hereby amended to read as follows:
1. SECTION 2, MEMBERS OF CONSORTIUM, is hereby amended to read as follows:
SECTION 2. MEMBERS OF CONSORTIUM
Indian River County, Martin County, St. Lucie County, the City of Port St. Lucie, the Village
of Indiantown, and the City of Fellsmere are the members of the Consortium and upon
mutual execution of this Agreement by the parties, the "Treasure Coast HOME
Consortium", hereinafter referred to as "Consortium", shall be formed. The members
shall remain bound by the terms and conditions of this Agreement for its duration and
shall be prohibited from withdrawing from the Consortium during such period, except as
provided for in Section 8 of this Agreement. The Consortium Agreement remains in effect
until the HOME funds from each of the Federal fiscal years of the qualification period are
expended for eligible activities. No consortium member may withdraw from the
Agreement while the Agreement remains in effect.
2. SECTION 5. CONSOLIDATED PLAN, is hereby amended to read as follows:
SECTION 5. CONSOLIDATED PLAN
The parties shall cooperate in the preparation of the Consolidated Plan which shall apply to
the parties and which shall meet the requirements of applicable Federal Regulations.
3. SECTION 6. ALLOCATION OF FUNDING, is hereby amended to read as follows:
SECTION 6. ALLOCATION OF FUNDING
Allocation of HOME funds allowed for administration shall be based on the existing HOME
funds percentage allocation process with respect to the annual HOME allocation provided
by the U.S. Department of Housing and Urban Development for the Consortium, except
that St. Lucie County as lead entity shall be entitled to up to 20% of the HOME funds
allowed for administration. The implementation of the Consolidated Plan and the
allocation of Federal HOME funding associated therewith shall be established by written
memoranda issued by St. Lucie County through its authorized representative. The parties
shall be responsible for administering, respectively, the HOME Program funds distributed
to each. The Consortium members reserve the right to alter the distribution of funds
between the jurisdictions by mutual written approval should such alteration be deemed
in best interest of all parties to this Agreement.
4. SECTION 7. CERTIFICATIONS, is hereby amended to read as follows:
SECTION 7. CERTIFICATIONS
The parties certify that each will cooperate with the other to undertake or aid in
undertaking housing assistance activities for the HOME Investments Partnerships
Program and that each will affirmatively further fair housing. Further, the parties will
comply with the requirement of the Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970, as amended, implementing regulations of 49 CFR Part
24, and the requirements governing the residential antidisplacement and relocation
assistance plan under section 104(d) of the Housing and Community Development Act of
1974.
5. SECTION 11. NOTICES, is hereby amended to read as follows:
SECTION 11. NOTICES
Formal notices issued under the terms of this Agreement shall be sent, by U.S. Mail as follows:
Indian River County
County Administrator
184025 th Street
Vero Beach, FL 32960
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With a Copy to:
County Attorney
184025 th Street
Vero Beach, FL 32960
Martin County: With a Copy to:
County Administrator
County Attorney
2401 SE Monterey Road
2401 SE Monterey Road
Stuart, FL 34996
Stuart, FL 34996
St. Lucie County:
With a Copy to:
County Administrator
County Attorney
2300 Virginia Avenue
2300 Virginia Avenue
Fort Pierce, FL 34982
Fort Pierce, FL 34982
City of Port St. Lucie:
With a Copy to:
City Manager
City Attorney
121S.W. Port St. Lucie Boulevard
121 S.W. Port St. Lucie Boulevard Port
St. Lucie, FL 34984
Port St. Lucie, FL 34984
Village of Indiantown:
With a Copy to:
Village Manager
Village Attorney
16550 S.W. Warfield Boulevard
16550 S.W. Warfield Boulevard
Indiantown, FL 34956
Indiantown, FL 34956
City of Fellsmere:
With a Copy to:
City Manager
City Attorney
22 S. Orange Street
22 S. Orange Street
Fellsmere, FL 32948
Fellsmere, FL 32948
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials.
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ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller
BY:
Deputy Clerk
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GO
BOARD OF COUNTY COMMISSIONERS, /0
INDIAN VER COUNTY, FLORIDA ;,F;• �,;
BY:
Chairman - Peter D. O' y 1 oP=,•
DATE: June 12, 2018
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney - Dylan Reingold
Deputy Clerk
BY:
DATE:
BOARD OF COUNTY COMMISSIONERS ATTEST:
MARTIN COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Deputy Clerk
BY:
DATE:
BOARD OF COUNTY COMMISSIONERS ATTEST:
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
ATTEST:
Deputy Clerk
CITY OF PORT ST. LUCIE
BY:
Mayor
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
ATTEST:
Deputy Clerk
VILLAGE OF INDIANTOWN
BY:
Mayor
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
VILLAGE Attorney
ATTEST:
Deputy Clerk
CITY OF FELLSEMERE
BY:
Mayor
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
ADDENDUM TO EXHI
AUTHORIZING RESOLUTIONS
FROM PORT ST. LUCIE, INDIANTOWN AND FELLSMERE
(ATTACHED)
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