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Home My WebLink AboutRES 282 Draft 01 2012-2014 „ ,,, , COUNTY OF HAWAII ,.:,�•_” /i•: STATE OF HAWAII ,TE OF•M'� RESOLUTION NO. 282 14 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR OF THE COUNTY OF HAWAI'I TO EXECUTE A FIRST AMENDMENT TO THE FY2012 HOME STATE RECIPIENT AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS,ECONOMIC DEVELOPMENT AND TOURISM, HAWAI'I HOUSING FINANCE AND DEVELOPMENT CORPORATION, PURSUANT TO HRS 46-7, FOR THE INSTALLATION OF A PHOTOVOLTAIC SYSTEM IN THE MOHOULI HEIGHTS SENIOR NEIGHBORHOOD PROJECT. WHEREAS, the County is a State recipient of the HOME Investment Partnerships (HOME) Program, and received the full allocation of$2,925,000 for the 2012 HOME program; and WHEREAS, another State Recipient was unable to utilize HOME program funds in the amount of$394,441.00 for a Community Housing Development Organization (CHDO) eligible activity; and WHEREAS, the State of Hawai'i Department of Business, Economic Development and Tourism's Hawai'i Housing Finance and Development Corporation (HHFDC) has reviewed the potential use of CHDO funds with the two remaining State Recipients and has determined that the County of Hawai'i has the capacity to utilize the CHDO funds for eligible activities within the required expenditure deadlines.; and WHEREAS, the funds will be used to install a photovoltaic system in the Mohouli Heights Senior Neighborhood Project of 60 one-bedroom units; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that County departments obtain the consent of the Council to enter into agreements with the Federal or State governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I, in accordance with section 46-7, Hawai'i Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, a first amendment to FY2012 HOME State Recipient Agreement, attached hereto and incorporated herein by reference as Exhibit"A", and related documents with the HHFDC. BE IT FINALLY RESOLVED, that the County Clerk of the County of Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the Finance Department and the Hawai'i County Office of Housing and Community Development. Dated at Hilo , Hawai`i, this 5th day of February , 2014. INTRODUCED BY: r 17 COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on February 5, 2014 KANUHA X KERN X ONISHI X ATTEST: POINDEXTER X WILLS X ;j(ita YOSHIMOTO X 9 0 0 0 y Reference: C-631/Waived FC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 282 14 2161hnmf 2 Exhibit "A" t M FIRST AMENDMENT TO FY 2012 HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") STATE RECIPIENT AGREEMENT THIS FIRST AMENDMENT TO FY2012 HOME STATE RECIPIENT AGREEMENT, dated effective as of (the "First Amendment") is entered into by and between the COUNTY OF HAWAII, OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT ("The County") a municipal corporation of the State of Hawaii, whose address is 50 Wailuku Drive, Hilo, Hawaii 96720, and HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and a body corporate and politic of the State of Hawaii, pursuant to Chapter 201H of the Hawaii Revised Statutes("HHFDC"), whose address is 677 Queen Street, Suite 300, Honolulu, Hawaii 96813. RECITALS: A. The County and HHFDC entered into that FY2012 HOME State Recipient Agreement dated October 30, 2012. B. Another State Recipient, the County of Maui, was unable to utilize HOME program funds in the amount of $394,441.00 for a Community Housing Development Organization (CHDO) eligible activity. C. HHFDC reviewed the potential use of CHDO funds with the two remaining State Recipients. It was determined that the State Recipient for the County of Hawaii has the capacity to utilize the CHDO funds for eligible activities within the required expenditure deadlines. D. The County and HHFDC wish to amend the FY 2012 HOME State Recipient Agreement to allocate an additional $394,441of CHDO funds to be utilized for existing CHDO activities. The funds will be utilized towards the Hawaiian Paradise Park Mutual Self-Help Phase 3 project which will consist of ten(10) self-help housing units located in Keaau, Hawaii or the Mohouli Heights Senior Neighborhood project which will consist of 60 one(1)bedroom, one (1)bath units for the elderly located in Hilo, Hawaii. AMENDMENT: NOW, THEREFORE, in consideration of the Recitals set forth hereinabove and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, The County and HHFDC agree as follows: 1. Exhibit A referenced in Section E, Scope of Services, of the FY 2012 HOME State Recipient Agreement is hereby deleted in its entirety and replaced with Exhibit A-1 attached hereto and made a part hereof. 2. Section F, Allocation of HOME Program Funds, on page 4 of the FY 2012 HOME State Recipient Agreement is hereby amended and restated in its entirety as follows: 1. Amount of HOME Program Funds to be Allocated to the County The total amount of HOME Program funds to be allocated to the County under this Agreement shall be Three Million Three Hundred Nineteen Thousand Four Hundred Forty One Dollars ($3,319,441.00). The County must utilize no less than Eight Hundred Forty Four Thousand Four Hundred Forty One Dollars ($844,441.00) of the $3,319,441.00 for a CHDO activity under the HOME Program. The County may utilize no more than Two Hundred Twenty-Five Thousand Dollars ($225,000.00) of the $3,319,441.00 for the administration of the HOME Program. All the other terms and conditions of the Allocation of HOME Program Funds shall remain the same. 3. Section I, Time of Performance, on page 8 of the FY 2012 HOME State Recipient Agreement is hereby amended to add the following: The Community Housing Development Organization (CHDO) Reserve (CR) funds provided by this amendment in the amount of$394,441.00 must meet the following expenditure deadlines: FY 2009 CR Funds in the amount of$92,199.00 must be expended in whole no later than August 30, 2014 FY 2010 CR Funds in the amount of$152,186.00 must be expended in whole no later than June 30, 2015 FY 2011 CR Funds in the amount of$150,056.00 must be expended in whole no later than July 15, 2016 All the other terms and conditions of the Time of Performance shall remain the same. 4. The FY 2012 HOME State Recipient Agreement, as amended hereby, is hereby ratified and confirmed by the County and HHFDC. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. HAWAII HOUSING FINANCE AND APPROVED AS TO FORM: DEVELOPMENT CORPORATION By: Deputy Attorney General Craig K. Hirai State of Hawaii Executive Director Date: Date: APPROVED AS TO FORM AND COUNTY OF HAWAII LEGALITY: By: Deputy Corporation Counsel William P. Kenoi County of Hawaii Mayor Date: Date: RECOMMEND APPROVAL: Stephen J. Arnett Housing Administrator Date: STATE OF HAWAII ) SS CITY AND COUNTY OF HONOLULU ) On this day of , 2014, before me appeared Craig K. Hirai , personally known to me, who being by me duly sworn, did say that he is the Executive Director of the HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION , a public body and body corporate and politic of the State of Hawaii, that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors, and the said officer acknowledged the instrument to be the free act and deed of the corporation. (Signature) Jocelyn K. Iwamasa (Print Name) Notary Public, State of Hawaii My commission expires: September 3, 2014 Doc. Date: # Pages: Notary Name: Jocelyn K. Iwamasa 1 S` Circuit Doc. Description: Notary Signature Date: NOTARY CERTIFICATION STATE OF HAWAII ) SS CITY AND COUNTY OF HONOLULU ) On this day of _, 2014,before me appeared William P. Kenoi , personally known to me, who being by me duly sworn, did say that she is the Mayor of the County of Hawaii , a municipal corporation of the State of Hawaii, that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii, and that the instrument was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Sections 5-1.3 and 13-13 of the County Charter, County of Hawaii (2010), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii. (Notai t yy jj ',tamp tp SS yy 11 tt £� t tt (Signature) (7°I()tai ',tamp O Se.4d) (Print Name) Notary Public, State of Hawaii My commission expires: Doc. Date: # Pages: Notary Name: Circuit Doc. Description: Notary Signature Date: NOTARY CERTIFICATION