1995-120 1 . 0
RESOLUTION NO. 95- 12
A RESOLUTION APPROVING AN AGREEMENT WITH THE
NORTHWEST HOUSING PARTNERSHIP REGARDING SINGLE
FAMILY RESIDENTIAL REHABILITATION PROGRAM
WHEREAS, the North West Housing Partnership (NWHP) has
received funding from the Cook County Community Development Block
Grant (CDBG) program of the U. S. Department of Housing and Urban
Development (H.U.D.) to rehabilitate single family residences in
nine municipalities in Cook County, and,
WHEREAS, the Village of Buffalo Grove is one of the
municipalities for which said CDBG funding is allocated; and,
WHEREAS, said program is intended to provide financial
assistance to eligible homeowners to make improvements to their
homes to achieve compliance with the Village's Building Code and
improve energy efficiency; and,
WHEREAS, the attached Agreement sets forth the respective
responsibilities of the Village and the North West Housing
Partnership concerning implementation of said program.
NOW, THEREFORE, BE IT RESOLVED by the Village President
and Board of Trustees of the Village of Buffalo Grove, Cook
and Lake Counties, Illinois that the Village approves the
attached Agreement with the North West Housing Partnership
and hereby agrees to fulfill the Village's responsibilities
in the execution, delivery and performance of the Single
Family Residential Rehabilitation Program as set forth in
said Agreement.
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AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS:— 0 - None
ABSENT: 0 - None
PASSED: February 21, 1995
APPROVED: February 21, 1995
APP
SIDNEY H.IA-
Village esident
ATTEST:
2uc&a4y
Vill Clerk
wDOCUMENT #: CHG005 (98500 -0 -9) 138033 .2;DATE:02 /01/95/TZME:17:44 - a
AGREEMENT REGARDING SINGLE FAMILY RESIDENTIAL
REHABILITATION PROGRAM
THIS AGREEMENT REGARDING SINGLE FAMILY RESIDENTIAL
REHABILITATION PROGRAM ( "this Agreement ") is made and entered into
as of the 21st day of February , 1995 by and between the North
West Housing Partnership, an Illinois not - for - profit corporation
("NWHP"), and VILLAGE OF BUFFALO GROVE, an Illinois municipal
corporation (the "Municipality ").
RECITALS
A. NWHP is an Illinois not - for - profit corporation organized,
among other purposes, for the purpose of providing leadership
regarding the development and financing of a broad spectrum of
housing options in the community served by the North West Municipal
Conference and those communities bordering the North West Tollway
in metropolitan Chicago, Illinois. This area includes the
Municipality.
B. NWHP has received (1) a subgrant under the Cook County,
Illinois ( "Cook County ") Community Development Block Grant ("CDBG")
Single Family Housing Preservation Program (the "CDBG Program ") in
the amount of $300,000.00 and (2) a grant under the County Home
Investment Partnership Program ( "HOME ") in the amount of
$300,000.00, each for the purpose of creating and administering a
housing preservation "consortium" to foster rehabilitation of
single family residential properties, pursuant to which NWHP acts
as a subregional coordinator for CDBG and HOME funds made available
to NWHP for these purposes as more particularly described in this
Agreement (the "Program ") . This consortium is comprised of certain
north, northwest and west suburban Chicago municipalities,
including the Municipality.
C. The Municipality is situated in northwestern Cook County
and has determined that certain of its residents are low and /or
moderate income persons and families who require a variety of
financial and technical assistance to correct building code
violations and make their homes more energy efficient or owners of
properties consisting of up to four (4) residential units that
require financial assistance to correct building code violations
and make these properties more energy efficient.
D. The Municipality is a so- called non - entitlement community
for CDBG and HOME purposes and has determined that it can most
efficiently and effectively access funds for grants, deferred
loans, direct low interest loans and other direct loans to assist
its residents and owners of residential properties within the
Municipality to correct building code violations and make homes
more energy efficient by participating in the Program solely with
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respect to that portion of the Municipality that lies within Cook
County.
E. The parties desire to set forth the terms and conditions
based upon which NWHP will administer the Program and the
Municipality will participate in the Program, all as more
particularly set forth in this Agreement. On , 1995,
the Municipality's Board of Trustees adopted Resolution No.
pursuant to which it approved, among other things, the execution,
delivery and performance by the Municipality of this Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals,
the representations, warranties, covenants and agreements contained
in this Agreement and other good and valuable consideration, the
receipt and sufficiency of which hereby are acknowledged by the
parties, the Municipality and NWHP hereby represent, warrant,
covenant and agree as follows.
ARTICLE I
INCORPORATION BY REFERENCE; DEFINITIONS
1.1 Incorporation by Reference.
1.1.1 Recitals and Exhibits. The foregoing Recitals and
each exhibit and schedule appended to this Agreement, if any,
hereby are incorporated into this Agreement by reference as if
set forth in full in the body hereof.
1.1.2 Program Manuals. The terms and provisions of the
CDBG Program Manual for the North West Housing Partnership,
dated December, 1993, as amended by Supplement No. 1, dated
November, 1994 (the "Program Manual "), and the CDBG
Contractors Manual for the North West Housing Partnership,
dated December, 1993 as amended by Supplement No. 1, dated
November, 1994 (the "Contractors Manual "), hereby are
incorporated into this Agreement by reference as if set forth
in full in the body hereof. The Municipality acknowledges
that it has received copies of the Program Manual and the
Contractors Manual, that it approves and accepts the Program
Manual and the Contractors Manual, and that the Program Manual
and the Contractors Manual set forth material provisions
regarding the Program that may not be set forth in this
Agreement. In the event of any conflict or inconsistency
between the terms and provisions of this Agreement and of the
Program Manual and /or the Contractors Manual, the terms and
provisions of The Cook County Manual of Administrative
Procedures for Residential Rehabilitation and the Cook County
HOME Owner- Occupied Single Family Rehabilitation Program
Guidelines shall govern and control.
1.1.3 CDBG and HOME Requirements. The terms and
provisions of the Cook County CDBG Manual of Administrative
Procedures for Residential Rehabilitation, and the Cook County
HOME Owner- Occupied Single Family Rehabilitation Program
Guidelines also are incorporated herein by reference, as if
set forth in full in the body hereof. The Municipality
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acknowledges and agrees that the Program shall be subject to
all rules, regulations and other requirements of Cook County
and that, in the event of any conflict or inconsistency
between or among the terms and provisions of said rules,
regulations and requirements, on the one hand, and this
Agreement and /or the Program Manual and the Contractors
Manual, on the other, the terms and provisions of Cook
County's rules, regulations and other requirements shall
govern and control.
1.2 Definitions. In addition to the words, terms and phrases
defined elsewhere in this Agreement, the following words, terms and
phrases shall have the following respective meanings:
1.2.1 "Applicant" shall mean a person who applies for
Program Funds.
1.2.2 "BOCA Code" shall mean the uniform building
code prepared by the Building Owners and Contractor
Association.
1.2.3 "Building Department" shall mean the
Municipality's Building Department.
1.2.4 "County Funds" shall mean those funds made
available to the NWHP for the Program by Cook County through
the CDBG and HOME grants described in Recital B, which shall
not exceed, in the aggregate, $600,000.00.
1.2.5 "Deferred Loan" shall mean a non - interest
bearing loan payable on transfer of the subject Residence, in
an amount not to exceed the amount set forth in and subject to
the penalties described in Part II.B of the Program Manual.
1.2.6 " Eligible Applicant" shall mean an Applicant
who is the owner of an Eligible Residence and who meets the
criteria set forth in Parts VI.A and VI.B of the Program
Manual.
1.2.7 "Eligible Rehabilitation Activities" shall mean
those activities set forth in Part IV.A of the Program Manual.
1.2.8 "Eligible Rehabilitation Costs" shall mean
costs actually incurred in performing Eligible Rehabilitation
Activities, up to the limits set forth in Parts II.B and II.0
of the Program Manual.
1.2.9 "Eligible Residence" shall mean a Residence
that either (a) has been determined to be substandard
according to the BOCA Code and the Municipal Code and that
satisfies the criteria set forth in III.A through III.F, both
inclusive, of the Program Manual or (b) contains incipient
code violations (i.e., a condition that reasonably is expected
to deteriorate into an actual violation within two years)
under the Municipal Code.
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1.2.10 "Grant" shall mean financial assistance in the
form of a grant, as described in Part II.B of the Program
Manual, which assistance only shall be repayable as provided
in Part II.B of the Program Manual.
1.2.11 "Liaison" shall mean Frank E. Hruby, Director
of Building and Zoning.
1.2.12 "Loan" shall mean a Deferred Loan, Low Interest
Direct Loan or Direct Loan.
1.2.13 "Matching Funds" shall mean program related
services procured by NWHP and provided at no charge or at a
reduced fee from code inspectors, attorneys and local
businesses.
1.2.14 "Municipal Code" shall mean the Municipality's
Village Code and other duly adopted ordinances having legal
force and effect within the Municipality, including, without
limitation, the Municipality's Building Code.
1.2.15 "Program" shall have the meaning ascribed to it
in the Recitals to this Agreement.
1.2.16 "Program Funds" shall mean thecounty Funds and
the Matching Funds.
1.2.17 "Program Manager" shall mean the person
designated from time to time by the NWHP to administer the
Program on its behalf. Until further notice, the NWHP hereby
designates Ms. Eileen Andrews the Program Manager.
1.2.18 "Oualified Contractor" shall mean a contractor
that possesses the qualifications set forth in Part II of the
Contractors Manual.
1.2.19 "Residence" shall mean owner occupied buildings
containing up to and including four (4) Units and non -owner
occupied buildings containing two (2), three (3) or four (4)
Units.
1.2..20 "Unit" shall mean a residential dwelling unit.
ARTICLE II
SOURCES AND AVAILABILITY OF FUNDS
2.1 Covenant to Provide Funds. Provided that the
Municipality performs its obligations set forth in this Agreement
and otherwise on the terms and subject to the conditions set forth
in this Agreement and the Program Manual, NWHP shall make available
to Eligible Applicants Program Funds in the form of Grants and
Loans. Nothing contained in this Section shall constitute a
commitment by NWHP to make a specified amount of the Program Funds
available to residents of the Municipality and the Municipality
acknowledges and agrees that Program Funds will be available based
upon application procedures and eligibility standards set forth in
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this Agreement, in the Program Manual and otherwise determined and
administered by NWHP in its sole and absolute discretion. The
Municipality acknowledges and agrees further that Program Funds
shall be made available on a "first come, first served" basis to
Eligible Applicants who are residents of the Municipality and
Eligible Applicants who are residents of other municipalities
participating in the Program.
ARTICLE III
COVENANTS AND AGREEMENT OF MUNICIPALITY
The Municipality hereby covenants and agrees as follows:
3.1 Liaison. The Municipality hereby designates the Liaison
as its principal operating representative in connection with the
Program. The Municipality may, by giving written notice to the
NWHP, change the Liaison at any time. The NWHP shall deal with the
Liaison [DELETE] may rely upon communications from and statements
of the Liaison as binding upon the Municipality in all matters
regarding the program. Nothing contained in this Section shall
preclude any other municipal officials from contacting NWHP
concerning matters relating to the Program and /or requesting
meetings with NWHP representatives regarding the Program. The
parties acknowledge and agree, however, that it is their intention,
in order to facilitate the efficient administration of the Program,
that the Liaison shall, to the greatest extent possible, represent
the Municipality in connection with the Program.
3.2 Outreach. The Municipality will assist and cooperate
with NWHP in all appropriate ways in order to inform its residents
of the Program and refer interested property owners to the NWHP.
In general, it is the parties' intention to exercise creativity and
diligence in disseminating information regarding the Program and
soliciting Eligible Applicants. These efforts shall include, but
not be limited to, (a) posting bulletin board announcements, (b)
placing articles, public service announcements and advertisements
in municipal newsletters and local print and broadcast media, (c)
displaying Program brochures in appropriate public locations, (d)
notifying other community agencies of the Program, (e) designating
an area at Village Hall at which the Program Manager can meet with
Applicants who are unable to commute to the NWHP's office
designated in Article VIII and (f) discussing and disseminating
information regarding the Program in other customary manners that
the Municipality uses for communication with its citizens.
3.3 Referrals. The Municipality shall refer to the NWHP all
inquiries regarding the Program and the owners of all properties at
which violations of the Municipal Code are identified as a result
of any housing inspection programs administered by the Municipality
or in which the Municipality participates. In addition, the
Municipality shall refer inquiries from owners of properties
situated in unincorporated Cook County to the Cook County Planning
Department, Attention: Mr. Dean Maiben (312/443- 4297).
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3.4 Inspections; Permits. The Building Department shall:
3.4.1 in conjunction with NWHP staff and without
charge, inspect all properties that are the subject of
applications in order to determine whether or not such
properties are Eligible Residences and to identify specific
Municipal Code violations that require remediation, and issue
a written report to NWHP identifying Eligible Rehabilitation
Activities;
3.4.2 subject to Municipal Code, promptly issue for the
Municipality's customary charge all building permits required
for Eligible Rehabilitation Activities; and
3.4.3 promptly conduct any inspections necessary for the
issuance of temporary or permanent certificates of occupancy.
The NWHP acknowledges that the Building Department's determinations
regarding all Municipal Code issues shall be final.
3.5 General. Without limiting any other terms and
provisions of this Article, the Municipality generally shall take
all actions that are reasonably required to assure the full and
successful utilization of Program Funds and the efficient and
orderly administration of the Program. In this regard, the
Municipality acknowledges that it has taken such actions as it has
deemed necessary or appropriate to understand and evaluate the
Program and, in particular, the statutes, rules, regulations and
other requirements applicable to Cook County's CDBG and HOME
Program.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
4.1 Representations and Warranties of NWHP. NWHP hereby
represents and warrants unto the Municipality as follows:
4.1.1 it is a corporation duly organized, validly
existing and in good standing under the Illinois Not -For-
Profit Corporation Act and is tax exempt entity under Section
501 (c) (3) of the Internal Revenue Code of 1986;
4.1.2 the execution, delivery and performance of this
Agreement by the NWHP has been duly authorized by all required
corporate action; and
4.1.3 this Agreement constitutes the legal, valid and
binding obligation of the NWHP, enforceable against the NWHP
in accordance with its terms.
4.2 Representations and Warranties of Municipality. The
Municipality hereby represents and warrants as follows:
4.2.1 it is a municipal corporation duly organized and
validly existing under the laws of the State of Illinois;
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4.2.2 the execution, delivery and performance of this
Agreement by the Municipality has been duly and validly
authorized by all required municipal action;
4.2.3 this Agreement constitutes the legal, valid and
binding obligation of the Municipality, enforceable against
the Municipality in accordance with its terms; and
4.2.4 none of the execution, delivery and performance of
this Agreement contravenes or would form the basis for the
termination or declaration of a default under the terms or
provisions of any statute, rule, regulation or other legal
requirement applicable to the Municipality, the Municipality's
charter, any indenture or agreement to which the Municipality
is a party or by which the Municipality is bound or any
judicial or administrative order to which the Municipality is
a party or by which the Municipality is bound.
ARTICLE V
PROGRAM ADMINISTRATION BY NWHP
5.1 Applications. NWHP will, subject to and in accordance
with Part V of the Program Manual, prepare the forms of and make
available to Applicants applications for Grants and Loans. In
processing applications, the NWHP will, among other things, verify
income, employment, home ownership and credit of the various
Applicants. The NWHP will determine the type (i.e., Grant or
Deferred Loan) and amount of financial assistance, if any, to which
an Applicant is entitled and inspect Residences in connection with
the evaluation and approval of Applications. The Municipality
acknowledges and agrees that applications may be approved or denied
by the NWHP in its sole and absolute discretion.
5.2 Homeowner Assistance. The NWHP shall assist homeowners
in conducting Eligible Rehabilitation Activities. In so doing, the
NWHP shall, without limitation, assist Applicants in connection
with the following:
and
5.2.1 selection of design and other contractors;
5.2.2 preparation of plans and specifications;
5.2.3 obtaining bids from Qualified Contractors;
5.2.4 evaluating Qualified Contractors;
5.2.5 awarding contracts;
5.2.6 inspecting work during and after construction;
5.2.7 resolving disputes with contractors.
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5.3 Loan Documentation.
5.3.1 The NWHP shall prepare all documentation for
and administer the closing of Grants and Deferred Loans.
5.3.2 THE NWHP SHALL DISCLOSE TO EACH APPLICANT AND
THE MUNICIPALITY ACKNOWLEDGES AND AGREES THAT THE NWHP, AS THE
SUB - REGIONAL COORDINATOR OF THE PROGRAM, IS THE LENDER UNDER
EACH GRANT AND DEFERRED LOAN AND, THEREFORE, THAT ITS
INTERESTS ARE, AS A LEGAL MATTER, ADVERSE TO THOSE OF THE
APPLICANTS. ACCORDINGLY, THE NWHP SHALL ADVISE EACH APPLICANT
OF ITS RIGHT TO OBTAIN INDEPENDENT LEGAL AND OTHER ADVICE IN
CONNECTION WITH A GRANT. OR LOAN. THE MUNICIPALITY
ACKNOWLEDGES THAT, IN THE EVENT OF FAILURE BY THE APPLICANT TO
PERFORM ITS OBLIGATIONS UNDER THE DOCUMENTS EVIDENCING AND /OR
SECURING A GRANT OR A LOAN OR TO ENFORCE ITS RIGHTS UNDER
AGREEMENTS WITH CONTRACTORS, THE NWHP SHALL HAVE THE RIGHT
AND, IN CONNECTION WITH THE PROPER ADMINISTRATION OF THE
PROGRAM, MAY BE REQUIRED TO INITIATE LEGAL ACTION AGAINST OR
TAKE OTHER STEPS TO ENFORCE THE OBLIGATIONS OF THE APPLICANTS.
5.4 Financing Administration. The NWHP shall service and
administer each Grant or Loan, including, without limitation,
making disbursements for the purpose of paying for completed work
in accordance with the applicable Grant or Loan documents, Part X
of the Program Manual and otherwise in accordance with such
procedures as NWHP, at its sole and absolute discretion, may
establish.
ARTICLE VI
COSTS AND FEES
6.1 The Municipality acknowledges that a portion of the
Program Funds will, in accordance with the terms of NWHP's CDBG and
HOME application and the CDBG and HOME grants of theCounty Funds, be
used to pay staff salaries, fringe benefits and other general and
administrative expenses of the NWHP, as well as direct expenses of
the Program.
ARTICLE VII
TERM
7.1 Term. Unless terminated in accordance with its terms or
applicable law, this Agreement shall remain in full force and
effect for a term commencing on the date first above written and
continuing until the CountyFunds are no longer made available to the
NWHP under Cook County's grant for the Program for the CDBG Program
Year commencing on October 1, 1994 and terminating on September 30,
1995. Unless, on or before August 31st, 1995, the Municipality or
NWHP gives to the other party notice that it elects not to renew
this Agreement, this Agreement shall automatically renew for the
next succeeding year of the Program.
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ARTICLE VIII
GENERAL PROVISIONS
8.1 Notices. Unless expressly provided otherwise in this
Agreement, any notice, request, demand or other communication
required to be given under this Agreement or any document or
instrument executed and delivered pursuant to this Agreement shall
be in writing, shall be deemed to be given or delivered (a) on the
date of personal delivery of the notice, request, demand or other
communication at or before 3:00 p.m. local Chicago time, (b) on the
second business day after the day of mailing of such notice,
request, demand or other communication by United States Registered
Mail or United States Certified Mail, postage prepaid, or (c) on
the next business day after mailing of such notice, request, demand
or other communication by express courier, freight charges prepaid,
to the parties (including any person or entity designated for
receipt of a photocopy thereof) at the following addresses or at
such other address as any of the parties may hereafter specify in
the aforementioned manner:
if to Municipality: Frank E. Hruby
Director of Building and Zoning
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
if to NWHP: North West Housing Partnership
5999 New Wilke Road /Suite 404
Rolling Meadows, Illinois 60008
Attention: Ms. Eileen Andrews
with a copy to: Katten Muchin & Zavis
525 West Monroe Street
Suite 1600
Chicago, Illinois
Attention: David
(File
60661 -3693
M. Lesser, Esq.
No. 98500 - 00302 -9)
8.2 Entire Agreement. This Agreement, together with the
documents and instruments to be executed and delivered pursuant to
this Agreement, constitutes the entire agreement of the parties
hereto with respect to the matters addressed herein and therein
and, except as expressly set forth herein and therein, supersedes
all prior or contemporaneous contracts, covenants, agreements,
representations, warranties and statements, whether written or
oral, with respect to such matters, including, without limitation,
the outline of terms referred to in the Recitals.
8.3 Amendment. This Agreement may not be amended, changed,
modified or terminated, except by written instrument executed by
all parties to this Agreement.
8.4 Waiver. No waiver of any failure or refusal of any party
to comply with its obligations under this Agreement shall be deemed
a waiver of any other or subsequent failure or refusal to so comply
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by such other party. No waiver shall be valid unless in writing
signed by the party to be charged and only to the extent therein
set forth.
8.5 Severability. If any term or provision of this Agreement
or application thereof to any person or circumstances shall, to any
extent, be found by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Agreement, or the
application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not be affected thereby and each other term or provision of
this Agreement shall be valid and be enforced to the fullest extent
permitted by law, unless the result would be inconsistent with the
manifest intent of the parties or expressed in this Agreement.
8.6 Captions. The title of this Agreement and the headings
of the various paragraphs of this Agreement have been inserted only
for the purposes of convenience, and are not part of this Agreement
and shall not be deemed in any manner to modify, explain, expand or
restrict any of the provisions of this Agreement.
8.7 Governing Law. This Agreement shall be construed and
enforced according to the laws of the State of Illinois.
8.8 Assignability. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and beneficiaries hereof
and their respective heirs, executors, personal representatives,
successors and assigns; provided, however, that no party hereto may
assign any of its rights or obligations hereunder, and any
purported or attempted assignment shall be null and void ab initio
and of no force or effect.
8.9 No Third Party Beneficiaries. Unless expressly provided
otherwise herein, this Agreement is -made and entered into for the
sole protection and benefit of the parties hereto, and no other
person, persons, entity or entities shall have any right of action
hereon, right to claim any right or benefit from the terms
contained herein or be deemed a third party beneficiary hereunder.
8.10 Counterparts. Any of this Agreement and the documents
and instruments to be executed and delivered pursuant to this
Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall
constitute but one instrument.
8.11 Attorneys' Fees Costs and Expenses. Anything to the
contrary herein notwithstanding, in any action, proceeding or
dispute resolution process arising from, out of or in connection
with this Agreement and the transactions contemplated hereby, the
prevailing party shall be entitled to recover the costs, expenses
and attorneys' fees incurred by it in connection therewith.
8.12 Cumulative Remedies. Unless expressly provided otherwise
herein, the rights and remedies provided for herein shall be
cumulative and concurrent and shall include all other rights and
remedies available at law or in equity, may be pursued singly,
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1
successively or together, at the sole and absolute discretion of
the party doing so and may be exercised as often as occasion
therefor shall arise.
8.13 Business Day. If any payment to be made or obligation to
be performed hereunder is to be made or performed on a day other
than a business day, it shall be deemed to be made or performed in
a timely manner if done on the next succeeding business day. For
the purposes of this Agreement, a business day shall be any day
other than a Saturday, Sunday or official Federal or State of
Illinois holiday.
8.14 Further Assurances. Each party covenants and agrees
that, from and after the execution and delivery of this Agreement,
it shall, from time to time, execute and deliver any and all
documents and instruments as are reasonably necessary or requested
by the other Party to carry out the intent of the Agreement,
provided that the execution and delivery of said documents and
instruments does not increase his or its liability beyond that
contemplated by this Agreement.
IN WITNESS WHEREOF, the parties have set their hands hereunto
effective as of the date and year first above written.
ATTEST:
By:_ Q,T,
Jan Sirabian
Village Clerk
NORTH WEST HOUSING PARTNERSHIP, an
Illinois not - for - profit corporation
By: A.", / (-� -4 ---�
Its:
VILLAGE OF B FFAL0 GROVE, an
Illinois cipa ion
By
Sidne Mathias
Village President
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