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HomeMy WebLinkAboutCC Resolution 7702 (Mortgage Credit Certificate)RESOLUTION NO. 7702 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: VICE - The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with the County of Marin for the purpose of issuing Mortgage Credit Certificates with respect to property within the City of San Rafael a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a REGULAR City held on MONDAY meeting of the City Council of said the 21st day of MARCH 19 88 , by the following vote, to wit: AYES: COUNCILME!-IBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEI1BERS: None ABSENT: COUNCILMEIIBERS: Mayor Mulryan JEA E M. LEONCINI, City Clerk MORTGAGE CREDIT CERTIFICATES COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL THIS COOPERATIVE AGREEMENT (the "Cooperative Agreement") is hereby made and entered into as of April 26, , 1988, by and between the COUNTY OF MARIN, a legal subdivision and body corporate and politic of the State of California (the "County"), and the CITY OF SAN RAFAFL a municipal corporation of the State of California (the "City"). WHEREAS, the County has determined to engage in a Mortgage Credit Certificate Program (the "Program") pursuant to Division 31, Part 1, Chapter 3.5, Article 4, Section 50197 et. seq., of the Health and Safety Code of the State of California (the "Act") to issue mortgage credit certificates to assist with the acquisition of homes in the County, all as provided for in said Act; and WHEREAS, the City has adopted the Program and determined to cooperate with the County pursuant to the Act in the exercise of their powers under the Act for the purposes of the Program; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1. The words and phrases of this Cooperative Agreement shall, for all purposes hereof unless otherwise defined herein, having the meanings assigned to such words and phrases in the Act. SECTION 2. The County agrees to use its best efforts to undertake the Program and to issue the Mortgage Credit Certificates therefore pursuant to the Act as soon as the County determines the same to be necessary and advisable. 0010Q/880202 V -10 -I- SECTION 3. The City represents and warr is to the County that: H) the City has heretofore adopted a general plan for the City in conformance with the provisions of the Planning and Zoning Law of the State of California (Government Code Sections 65000 et seq.), (ii) said general plan includes a land use element and a housing element as required by Government Code Section 65302, and (iii) the Program complies with said land use element and housing element. SECTION 4. The City agrees that the County may issue Mortgage Credit Certificates under the Program, all as more specifically set forth in the Act, with respect to property located within the geographic boundaries of the City and that any and all of its powers for the purpose of the Program pursuant to the Act with respect to such property shall be exercised by the County. In connection therewith, the City hereby specifically authorizes the County to take all actions necessary or convenient in order to implement the Program within the City. SECTION 5. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Cooperative Agreement. SECTION 6. Nothing in this Cooperative Agreement shall prevent the County from entering into one or more agreements with other municipal corporations within the County, if deemed necessary and advisable to do so by the County. SECTION 7. This Cooperative Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of the Mortgage Credit Certificates. IF41 00I0Q/880202 SECTION 8. Either party may terminate tF agreement upon written notice to the other at least 30 days prior to the proposed date of termination, provided that no such termination shall affect the rights and responsibilities of the parties with respect to an allocation of qualified mortgage bonds issued hereunder prior to the proposed date of termination. IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be herto affixed, all as of the day first above written. (SEAL) ATTEST: l . Clerk o <the Board of Supervisors APPROVED AS TO FORM: r County -Counsel / L ( SEAL ) ATTEST: opCity Cler\ APPROVED AS TO FORM: City A t to rry�ey J r -3- 0010Q/880202 COUNTY OF MARIN By Chairman of the Board of Supervisors CITY OF SAN RAFAEL W c1 RM'. /, al r . . D. .