Iowa Finance Authority (I FA) Housing Trust Fund AgreementCopyrighted
March 2, 2020
City of Dubuque Consent Items # 17.
ITEM TITLE: Iowa Finance Authority (I FA) Housing Trust Fund
Agreement
SUMMARY: City Manager recommending approval of the Iowa Finance
Authority State Housing Trust Fund Grant Agreement for
2020 for continued support of homeownership and
rehabilitation activities in the Washington Neighborhood.
SUGGESTED DISPOSITION:
RESOLUTION Approving the State Housing Trust Fund
Grant Agreement between the Iowa Finance Authority (I FA)
and Dubuque's Housing Trust Fund and authorizing the
Director of Housing and Community Development and the
City Manager to approve the agreement
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
2020 Housing Trust Fund Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2020 Housing Trust Fund Agreement
DATE: February 25, 2020
Dubuque
All-A.aia City
111111
2007.2012.2013
2017*2019
Housing and Community Development Director Alexis Steger recommends City Council
approval of the Iowa Finance Authority State Housing Trust Fund Grant Agreement for
2020 in the amount of $129,755 for continued support of homeownership and
rehabilitation activities in the Washington Neighborhood. The required 25% local match
in the amount of $32,439 has been budgeted.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/..
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing & Community Development Director
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing & Community Development Director
DATE: February 25, 2020
RE: 2020 Housing Trust Fund Agreement
Dubuque
Ittebni
IIII•Merisa City
V.LI:tNWL� RI, I I N 111111
2007.2012.2013
2017*2019
Introduction
The purpose of this memorandum is to request the City Council's approval of the
agreement with the Iowa Finance Authority (IFA) for continued support of
homeownership and rehabilitation activities in the Washington Neighborhood.
Background
The City applied for $129,755 in Iowa Finance Authority Housing Trust Funds for
continued support of homeownership and rehabilitation activities. This required a 25%
local match, or $32,439.
The match has been budgeted and approved in Greater Downtown Tax Increment
Financing funds and approved by City Council on September 3, 2019.
Discussion
On January 27, 2020, IFA approved the City's application. These funds will be used to
continue efforts in expanding homeownership options to families wishing to own their
own home and also in the rehabilitation of existing owner -occupied properties. The
Agreement is in effect from January 1, 2020 to December 31, 2021.
Action Step
I respectfully request the City Council approval of the State Housing Trust Fund Grant
Agreement for 2020. Additionally, by passing the attached resolution, City Council
would provide the Housing & Community Development Director and City Manager
authority to execute documents required throughout the administration of the grant.
RESOLUTION NO. 69-20
RESOLUTION APPROVING THE STATE HOUSING TRUST FUND GRANT
AGREEMENT BETWEEN THE IOWA FINANCE AUTHOIRTY (IFA) AND DUBUQUE'S
HOUSING TRUST FUND AND AUTHORIZING THE DIRECTOR OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE
AGREEMENT
Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in a statewide competition to local trust
funds for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, on January 27, 2020, IFA approved the City's application for funding to
continue efforts in expanding homeownership options and rehabilitation activities in the
Washington Neighborhood; and
Whereas, the City of Dubuque has administered Housing Trust Fund Grants since
2005; and
Whereas, the City of Dubuque proposes to continue administering the Housing Trust
Fund grant to assist in homeownership opportunities and rehabilitation of existing owner -
occupied properties; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
Section 1: The City Council is hereby authorized to approve the Housing Trust Fund
Grant Agreement for 2020; and
Section 2: The Director of Housing and Community Development and the City Manager
are hereby authorized to approve the Agreement.
Passed, approved and adopted this 2nd day of March 2020.
J�o
oy D. Buol, Mayor
Attest:
Ke in S. Firnstahl, City Clerk
SHTF #: 20-LHTF-10
Grantee Name: City of Dubuque Housing Trust Fund
Effective Date: January 1, 2020
STATE HOUSING TRUST FUND
IOWA FINANCE AUTHORITY
IOWA FINANCE
AUTHORITY
GRANT AGREEMENT
TABLE OF CONTENTS
This Table of Contents is not a part of this Grant Agi Bement and is only for convenience of reference.
ARTICLE I - AMOUNT AND TERMS OF THE GRANT
SECTION 1.01. The Giant 2
SECTION 1.02. Making the Giant 2
SECTION 1.03 Disbui sement and Use of Proceeds 2
SECTION 1.04 Obligation to Repay Giant Upon Certain Events of Default .. . 2
ARTICLE II - CONDITIONS OF THE GRANT
SECTION 2.01 Conditions Piecedent to the Grant 3
ARTICLE III - REPRESENTATIONS, COVENANTS AND WARRANTIES
SECTION 3.01. Repi esentations and Warranties of the Gi antee ..... 3
SECTION 3.02. Covenants of the Grantee 5
SECTION 3.03. Accounts, Records and Reports 6
ARTICLE IV - EVENTS OF DEFAULT
SECTION 4.01. Events of Default 7
SECTION 4.02 Remedies Aftei an Event of Default . 8
ARTICLE V - MISCELLANEOUS
SECTION 5.01. Waivers, Consents .. 8
SECTION 5.02 Notices, Etc. 9
SECTION 5.03. No Waives; Remedies . 9
SECTION 5 04. Indemnity; Fees and Expenses .. 9
SECTION 5.05. Binding Effect; Governing Law... . 10
SECTION 5.06. Assignments. 10
SECTION 5.07. Counterparts 10
SECTION 5.08. Seveiability 10
SECTION 5.09. Amendments, Changes and Modifications . 10
SECTION 5.10 Compliance with Laws and Regulations 11
SECTION 5.11. Limitation.. 11
SECTION 5.12 Integration 11
SECTION 5.13 Choice of Venue . 11
SECTION 5.14 No Third Party Beneficiaries 11
SECTION 5.15 Not a Joint Venture. . 11
SECTION 5.16 Term of the Agreement 11
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
Grant Data and Pioject Description
Pioject Budget
Grantee Activity Status Repoit
Semi-annual Financial Report
Addresses for Notices and Demands
Payment Request Form
-i-
This GRANT AGREEMENT, dated as of the date indicated in Exhibit A attached hereto, which
by this reference is made a part hereof, between the Iowa Finance Authority (the "Authority") and
the City of Dubuque Housing Trust Fund (hereinafter the "Grantee").
WITNESSETH:
WHEREAS, the Authority is a public instrumentality and agency of the State of lowa authorized
and empowered by the provisions of Chapter 16 of the Code of Iowa, as amended (the "Act") to
assist in the development and maintenance of decent, safe, and affordable housing for low— and
moderate —income families; and
WHEREAS, the State Housing Trust Fund program (the "Program") has been created within the
Authority to provide financial assistance for certain specified uses, in accordance with Iowa Code
section 16.181 and rules promulgated by the Authority and set forth in the Iowa Administrative Code
Section 265, Chapter 19, including the State Housing Trust Fund Allocation Plan for the Local
Housing Trust Fund Program Dated March 2019 (collectively, the "Rules"); and
WHEREAS, the Grantee desires to receive monies pursuant to the Program in order to finance a
portion of the costs of the Project described in Exhibit A attached hereto (the "Project"); and
WHEREAS, the Grantee has applied for and received approval for funding through the Program
NOW THEREFORE, for and in consideration of the premises and the respective covenants,
agreements and representations hereinafter contained, the Grantee and the Authority hereby agree as
follows:
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ARTICLE I
AMOUNT AND TERMS OF THE GRANT
SECTION 1.01. The Grant
The Authority agrees, upon the terms and conditions set forth herein, to make a Grant to the
Grantee under the Program (the "Gi ant") in an amount not to exceed the amount shown in Exhibit A
hereto in order to finance a portion of the costs of the Project.
SECTION 1.02. Making the Grant.
Upon fulfillment of the applicable conditions set forth in Article II, the Authority will make the
Grant available to the Grantee from time to time, subject to the provisions of Section 1.03. The sole
funding source for the Grant shall be funds legally available from the State Housing Trust Fund.
This Agreement shall not constitute an obligation or debt of the Authority or the State, except to the
extent expressly described herein from monies held in the State Housing Trust Fund that are legally
available for such purposes. Any termination, reduction or delay of funds available to the Authority
due, in whole or in part, to (i) a deappropriation of revenues by the legislature, or (ii) any other
reason beyond the control of the Authority, may, in the Authority's discretion, result in the
termination, reduction or delay of the disbursement of funds to the Grantee.
SECTION 1.03. Disbursement and Use of Proceeds.
(a) Disbursements of grant proceeds may be made by the Authority to the Grantee,
following compliance by the Grantee with any Special Conditions as set forth in Exhibit A required
to be satisfied prior to disbursement of Grant proceeds, upon the receipt and approval by the
Authority, in its sole discretion, of a written payment request from the Grantee, in the form set out in
Exhibit F attached hereto, for the purpose of financing that portion of the Project to be financed by
the Grant, as described in the Project Budget attached hereto as Exhibit B (the "Qualified Costs").
However, the Qualified Costs shall be financed hereunder only if such Qualified Costs were incurred
subsequent to the Date of Application Approval by the Authority as shown in Exhibit A hereto or, if
incurred prior to such date, only if such Qualified Costs have been approved in writing by the
Authority.
(b) The Grantee shall submit to the Authority supporting evidence as reasonably
requested to substantiate all payments which are to be made out of any requisition and/or to
substantiate all payments then made with respect to the Project.
SECTION 1.04. Obligation to Repay Grant Upon Certain Events of Default.
Upon the occurrence of an Event of Default under paragraphs (a) or (b) of Section 4.01 hereof,
the Authority may demand repayment of all or a portion of Grant proceeds disbursed under this
Agreement. Grantee agrees that the Grant is made in consideration of Grantee's covenants and
warranties with respect to the Project and for the purpose of providing housing benefits for low-
income families, and that upon violation of such covenants or warranties, Grantee is obligated to
immediately repay such amounts as are determined by the Authority to have been received by
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Grantee without fulfillment of Grantee's obligations with respect to such proceeds, up to the full
amount of the Grant proceeds which have been disbursed hereunder. Grantee agrees to pay to the
Authority the amount specified in a written demand for repayment from the Authority, with interest
on such amount at ten percent (10%) per annum from the date of such written demand until paid.
ARTICLE II
CONDITIONS OF THE GRANT
SECTION 2.01. Conditions Precedent to the Grant.
The obligation and agreement of the Authority to make the Grant is subject to the conditions
precedent that the Authority shall have received on or before the date of the Grant the following, in
form and substance satisfactory to the Authority:
(a) Evidence that the Local Match is available to Grantee in the form and amount specified in
Exhibit A hereto;
(b) Evidence that the Grantee has complied with any and all Special Conditions as set forth in
Exhibit A required to be satisfied prior to Grant closing;
(c) Such other certificates, opinions, documents, and instruments, which the Authority may
request;
(d) The representations and warranties contained in Section 3.01 of this Agreement, the
covenants contained in Section 3.02 of this Agreement, and all representations and certifications
contained in the Application are correct on and as of the Effective Date of the Grant as though made
on and as of such date; and
(e) No event has occurred and is continuing, or would result from the Grant, which constitutes
an Event of Default but for the requirement that notice be given or time elapse or both.
ARTICLE III
REPRESENTATIONS, COVENANTS AND WARRANTIES
SECTION 3.01. Representations and Warranties of the Grantee.
The Grantee represents and warrants as follows:
(a) All necessary authorizations or approvals or other actions by, or filings with, any
governmental authority or regulatory body that may be required for the due execution, delivery and
performance by the Grantee of this Agreement and other documents and agreements required to be
delivered by the Grantee pursuant to this Agreement, have been obtained by the Grantee;
3
(b) This Agreement and other documents and agreements required by this Agreement when
delivered hereunder are and will be, legal, valid and binding obligations of the Grantee enforceable
against the Grantee in accordance with their respective terms;
(c) Neither the execution, delivery or performance of this Agreement, the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement conflicts with or results in a breach of any of the terms, conditions or
provisions of any restriction in any organizational document or any agreement or instrument to
which the Grantee is now a party or by which the Grantee is bound, or constitutes a default under
any of the forgoing;
(d) The Qualified Costs are set forth in Exhibit B hereto and all of the proceeds of the Grant
will be used to finance that portion of the Qualified Costs specified to be financed under the
Program, as set forth in Exhibit B, and no part of the proceeds of the Grant will be used to finance
ineligible costs, within the meaning of the Rules;
(e) There is no litigation or proceeding pending or, to the knowledge of the Grantee,
threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to
execute this Agreement or the other agreements required to be executed by the Grantee under this
Agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or
therein;
(f) The Grantee agrees that the Authority shall have no responsibility nor incur any expense
for maintenance or preservation of the Project or for the payment of any taxes, assessments or other
governmental charges assessed or levied with respect to the Project;
(g) The certifications and representations of the Grantee and other information contained in the
Application were true and correct as of the date made and are true and correct on the date hereof,
except as information in the Application may have been amended with the written approval of the
Authority;
(h) There has been no adverse change since the date of the Application in the financial
condition, organization, operation, business prospects, fixed assets, or key personnel of the Grantee;
(i) No payment of any bonus or commission has been made by the Grantee for the purpose of
obtaining approval of the Application, or has or will be made for the purpose of obtaining approval
of applications for additional assistance, or any other approval or concurrence of the Authority
required under this Agreement or the Rules; provided, however, that reasonable fees for bonafide
technical, consultant, managerial or other such services, other than actual solicitation are not hereby
prohibited if otherwise eligible as Qualified Costs; and
(j) No officer, member, or employee of the Authority and no members of its Board, and no
other public official of the governing body of the locality or localities in which the Project is situated
who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of this Project, has participated in any decisions relating to this Agreement which affect
his or her personal interest or the interest of any corporation, partnership, or association in which he
4
is directly or indirectly interested or has any personal or financial interest, direct or indirect, in this
Agreement or the proceeds of the Grant.
SECTION 3.02. Covenants of the Grantee.
The Grantee covenants as follows:
(a) Grantee will commence work on the Project no later than the Commencement Date set
forth in Exhibit A, and will complete the Project on or before the Completion Date set forth in
Exhibit A, provided that, at the request of the Grantee, such Commencement Date or Completion
Date may be modified, in the discretion of the Authority, upon written approval of such modification
by the Executive Director of the Authority or designee.
(b) Grantee will complete the Project in accordance with the Project Budget attached hereto as
Exhibit B, provided that, at the request of the Grantee, such Project Budget may be modified, in the
discretion of the Authority, upon written approval of such modifications by the Executive Director of
the Authority or designee.
(c) Grantee will complete the Project in order to provide the benefits described under the
heading "Housing Benefits to Low -Income Families" in Exhibit A.
(d) Grantee will comply with all Special Conditions as set forth in Exhibit A.
(e) The Grantee agrees that it shall maintain its existence as a corporation organized under the
laws of the State of Iowa and shall not merge or consolidate with any other entity and shall not
transfer or convey all or substantially all of its property, assets and licenses; provided, however, the
Grantee may, without violating any provision hereof, consolidate with or merge into another entity
or permit one or more other entities to consolidate with or merge into it, or transfer all or
substantially all of its assets to another entity, but only on the condition that:
(i) the assignee entity or the entity resulting from or surviving such merger
(if other than the Grantee) or consolidation or the entity to which such
transfer is made expressly assumes in writing and agrees to perform
all of the Grantee's obligations hereunder;
(ii) the surviving entity shall preserve and keep in full force and effect all
licenses and permits necessary to the proper conduct of its business;
(iii) the surviving entity will have a net worth at least equal to the net worth
of the Grantee prior to the merger, consolidation or transfer; and
(iv) the surviving entity will be duly qualified and authorized to conduct
business in the State of Iowa.
(f) Grantee shall not materially change the Project, abandon the Project, or allow the Project to
be seized or operated by others.
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(g) Grantee covenants to comply with the provisions of Section 16.9 of the Act and Sections
216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act, as amended.
(h) Grantee shall, in all solicitations or advertisements for employees, state that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion,
sex, sexual orientation, gender identity, national origin, age, disability, or familial status.
(i) Grantee shall not discriminate against any qualified employee or applicant for employment
because of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, age,
disability, or familial status. Grantee agrees to post notice setting forth the provisions of the
nondiscrimination clause in conspicuous places so as to be available to employees.
(j) The Grantee will comply in all material respects with all applicable laws, rules, ordinances,
regulations and orders, including but not limited to, timely paying all taxes, assessments and
governmental charges imposed upon the Grantee except to the extent contested in good faith.
SECTION 3.03. Accounts, Records and Reports.
(a) The Grantee covenants to keep proper books of record and account in which full, true and
correct entries will be made of all financial activities of the Grantee in accordance with
generally accepted accounting principles, consistently applied; and to provide to the
Grantor within 180 days of Grantee's fiscal year-end, a copy of the financial statements of
the Grantee consisting of a balance sheet; a statement of revenues, expenses, and changes
in net assets; and a cash flow statement set forth in reasonable detail and accompanied by,
an audit report by an independent certified public accountant stating that they have been
prepared in accordance with generally accepted accounting principles. If this fund is
included in the financial statements of a larger entity (such as a Council of Government or
a City), the fund must be specifically identifiable in those financial statements and
presented separately.
(b) At any time during normal business hours and as frequently as is deemed necessary, the
Grantee shall make available to the Authority, its auditor or the State Auditor, for their
examination, all of its records pertaining to all matters covered by this agreement and
permit these parties to audit, examine, make excerpts or transcripts from such records,
contract, invoices, payrolls, personnel records, conditions of employment, and all other
matters in connection with the Grant made under this Agreement.
(c)
All records pertaining to this Agreement and the Grant shall be retained for a period of
three (3) years beginning with the date upon which the final disbursement under this
Agreement is made. All records shall be retained beyond the three (3) year period if audit
findings have not been resolved within that period. Records for nonexpendable property
acquired under this Agreement shall be retained for three (3) years after the final
disposition of such property.
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(d) During each year for which any of the Grant proceeds were used, the Grantee shall submit
the following reports to the Authority, at the following times, in form and substance
satisfactory to the Authority:
(1)
an Activity Status Report as set forth in Exhibit C attached hereto, due within
15 days of the end of each reporting period; and
(2) a semi-annual Financial Report, as set forth in Exhibit D attached hereto, due
within 15 days of the end of each reporting period.
(e) The Authority reserves the right to require more frequent submission of the reports
specified in paragraph (d) above if, in its opinion, more frequent submissions would help
improve the Project.
ARTICLE IV
EVENTS OF DEFAULT
SECTION 4.01. Events of Default
The following events each constitute an Event of Default:
(a) Any representation or warranty made by the Grantee under or in connection with this
Agreement shall prove to have been incorrect in any material respect when made and shall not be
made good within thirty (30) days after notice thereof to the Grantee by the Authority; or
(b) The Grantee shall fail to perform or observe any other term, covenant, or agreement
contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after
written notice thereof shall have been given to the Grantee by the Authority; or
(c) The Grantee shall (i) apply for or consent to the appointment of, or the taking ofpossession
by, a receiver, custodian, trustee or liquidator of all or a substantial part of the Grantee's property, (ii)
admit in writing the Grantee's inability, or be generally unable, to pay the Grantee's debts as they
become due, (iii) make a general assignment for the benefit of the Grantee's creditors, (iv)
commence a voluntary case under the Federal Bankruptcy Laws (as now or hereafter in effect), (v)
file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency,
reorganization, winding up or composition or adjustment of debts, (vi) acquiesce in writing to, or fail
to controvert in a timely or appropriate manner, any petition filed against the Grantee in an
involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any
of the forgoing; or
(d) A case or other proceeding shall be commenced, without the application or consent of the
Grantee, in any court of competent jurisdiction, seeking the liquidation, reorganization, dissolution,
winding up, or composition or readjustment of debts, of the Grantee, the appointment of a trustee,
receiver, custodian, liquidator or the like of the Grantee or of all or any substantial part of its assets,
or any similar action with respect to the Grantee under any laws relating to bankruptcy, insolvency,
7
reorganization, winding up or composition or adjustment of debts, and such case or proceeding
(other than an involuntary case under the Federal Bankruptcy Laws) shall continue undismissed, or
unstayed and in effect, for a period of sixty (60) days, or in an involuntary case under the Federal
Bankruptcy Laws (as now or hereinafter in effect) an order for relief against the Grantee shall be
entered.
SECTION 4.02. Remedies After an Event of Default.
(a) Upon any occurrence of an Event of Default, the Authority or its agent may:
(1) make no further disbursements under the Grant; and
(2) take whatever action at law or in equity may appear necessary or desirable to
enforce performance and observance of any obligation, agreement or covenant
of the Grantee under this Agreement.
(b) Upon an occurrence of an Event of Default under paragraph (a) or (b) of Section 4.01, the
Authority may:
(1)
by written notice to the Grantee, demand repayment from the Grantee, in accordance
with Section 1.04 hereof, of all or a portion of amounts previously disbursed under
the Grant, whereupon such amounts shall become due and payable, without
presentment, demand, protest or further notice of any kind, all of which are expressly
waived by the Grantee; and
(2) take whatever action at law or in equity may appear necessary or desirable to enforce
Grantee's obligation under Section 1.04 to repay all or a portion of the Grant proceeds
and to recover Grant proceeds.
No remedy herein conferred upon or reserved to the Authority is intended to be exclusive of any
other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute. Upon the occurrence of an Event of Default and at any time thereafter, the Authority or its
agent may, at its option, exercise any and all of the rights and remedies available to it.
ARTICLE V
MISCELLANEOUS
SECTION 5.01. Waivers, Consents.
No waiver by the Authority of any default hereunder, nor consent to any departure by the
Grantee from the provisions of this Agreement, shall in any event be effective unless the same shall
be in writing and signed by the Authority and then such waiver or consent shall be effective only in
the specific instance and for the specific purpose for which given, and shall not operate as a waiver
or consent with respect to any other default or departure or the same default or departure on a future
occasion.
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SECTION 5.02. Notices, Etc.
All notices and other communications provided for hereunder shall be in writing and mailed or
emailed to the persons and addresses set forth in Exhibit E. All such notices and communications
shall, when mailed or emailed, be effective when deposited in the mail or when the email is sent.
Grantee shall be responsible for ensuring that the address(es) and email address(es) set forth on
Exhibit E are correct.
SECTION 5.03. No Waiver; Remedies.
No failure on the part of the Authority to exercise, and no delay in exercising, any right under
this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right
under this Agreement preclude any other or further exercise thereof or the exercise of any other
right. The remedies provided in this Agreement are cumulative and not exclusive of any remedies
provided at equity or by law.
SECTION 5.04. Indemnity, Fees and Expenses.
(a) The Grantee will indemnify and save harmless the Authority and its officers and
employees from and against any and all losses, by it or them while it or they are acting in good faith
to carry out the transactions contemplated by this Agreement or to safeguard its or their interests or
ascertain, determine or carry out its or their obligations under this Agreement, or any law or contract
applicable to said transaction;
(b) The Grantee will, upon demand, pay to the Authority the amount of any and all reasonable
expenses, including the reasonable fees and expenses of its attorneys, and of any experts and agents,
which the Authority may incur in connection with (i) the exercise or enforcement of any of the rights
of the Authority hereunder, (ii) the failure by the Grantee to perform or observe any of the provisions
hereof, and (iii) the recovery of any proceeds misappropriated by the Grantee. The Grantee shall pay
to the Authority any other reasonable expenses related to the Project or this Agreement which are not
otherwise expressly required to be paid by the Grantee under the terms of this Agreement;
(c) The Grantee agrees to pay, as and if applicable, all appraisal fees, survey fees, recording
fees, license and permit fees, insurance premiums, taxes, charges, and assessments in connection
with the Project.
It is the intention of the parties that the Authority shall not incur pecuniary liability by reason of
(i) the terms of this Agreement, (ii) the undertakings required of the Authority hereunder, (iii) the
performance of any act required of it by this Agreement or (iv) the performance of any act requested
of it by the Grantee. Accordingly, if the Authority (including any person at any time employed by or
serving as an officer or a member of the Authority, such persons hereinafter included in all
references to the Authority in this Section) should incur any such pecuniary liability, then in such
event the Grantee shall indemnify and hold harmless the Authority against all claims by or on behalf
of any person, firm or corporation, arising out of the same, and all costs and expenses incurred in
connection with any such claim or in connection with any action or proceeding brought thereon. The
Grantee releases the Authority from, agrees that the Authority shall not be liable for, and agrees to
indemnify and hold the Authority harmless from, (i) any liability for any loss or damage to property
or any injury to, or death of, any person that may be occasioned by any cause whatsoever pertaining
9
to the Project, or (ii) any liabilities, losses or damages, or claims therefore, arising out of the failure,
or claimed failure of the Grantee to comply with its covenants contained in this Agreement,
including, in each such case, any attorneys' fees. The Grantee agrees to indemnify and hold the
Authority harmless to the fullest extent permitted by law from any losses, costs, charges, expenses
(including attorneys' fees), judgments and liabilities incurred by it or them as the case may be, in
connection with any action, suit or proceeding instituted or threatened in connection with the
transaction contemplated by this Agreement. The obligation of the Grantee under this Section shall
survive the termination of this Agreement.
SECTION 5.05. Binding Effect; Governing Law.
This Agreement shall be binding upon and inure to the benefit of the Grantee and the Authority
and their respective successors and assigns under this Agreement. This Agreement shall be
governed by, and construed in accordance with, the laws of the State of Iowa.
SECTION 5.06 Assignments.
This Agreement may not be assigned by the Grantee without the prior written consent of the
Authority.
SECTION 5.07. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same instrument.
SECTION 5.08. Severability.
If any provision of this Agreement shall be held or deemed to be or shall, in fact, be illegal,
inoperative or unenforceable, the same shall not affect any other provision or provisions herein
contained or render the same invalid, inoperative, or unenforceable to any extent whatever.
SECTION 5.09. Amendments, Changes and Modifications.
Except as provided in Section 3.02(a) and (b), this Agreement may not be effectively amended,
changed, modified, altered or terminated without the written consent of the authorized
representatives of the parties hereto. The Executive Director of the Authority, or designee, is the
authorized representative of the Authority. The Authorized Representative of the Grantee is as
specified in Exhibit A.
SECTION 5.10. Compliance with Laws and Regulations.
(a) The Grantee shall comply with all applicable federal, state, and local laws, rules,
ordinances, regulations, and orders when performing within the scope of this Agreement.
Specifically, Grantee shall comply with all applicable public bidding requirements, if any, including,
but not limited to, those set forth in Iowa Code chapters 26, 331, 364, 384, and 573.
10
(b) This Agreement is a public record governed by Iowa Code Chapter 22.
SECTION 5.11. Limitation.
It is agreed by the Grantee that the Authority shall not, under any circumstances, be obligated
financially under this Agreement except to disburse funds according to the terms of the Agreement.
SECTION 5.12. Integration.
This Agreement contains the entire understanding among the Grantee, the Authority, and its Board
relating to the Project and any representations that may have been made before or after the signing of
this Agreement, which are not contained herein, are non -binding, void and of no effect. Neither of
the parties has relied on any such prior representation in entering into this Agreement.
SECTION 5.13. Choice of Venue.
In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with
this Agreement, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court
for the State of Iowa. This provision shall not be construed as waiving any immunity to suit or
liability, in state or federal court, which may be available to the State of Iowa, the Authority, or its
Board members, officers, employees or agents.
SECTION 5.14. No Third Party Beneficiaries.
This Agreement has no third -party beneficiaries; it benefits only the Grantee and the Authority.
SECTION 5.15. Not a Joint Venture.
Nothing in this Agreement creates the relationship of a partnership, joint venture, or other
association of any kind, or agent and principal relationship between or among the parties. Each
party is an independent contractor acting for the mutual benefits derived from this Agreement.
SECTION 5.16. Term of the Agreement.
This Agreement shall be in full force and effect from the date hereof and shall continue in effect
until December 31, 2021, unless extended by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date indicated in Exhibit A hereto.
11
CITY OF DUBUQUE HOUSING TRUST FUND
.)►�DI2 II
Title: r- 1 Ul
rats4 R*141 C ,
By:
IOWA FINANCE AUTHORITY
By: 41,d
Title: Chief Programs Officer
12
EXHIBIT A
GRANT DATA
Project Name: 2020 City of Dubuque Housing Trust Fund
SHTF Project Number: 20-LHTF-10
Name of Grantee: City of Dubuque Housing Trust Fund
Date of Authority's Board Approval of Application: December 4, 2019
Effective Date of Grant Agreement: January 1, 2020
Amount of Grant: $129,755
Other Participant's Contributions: See Exhibit B, Project Budget
HOUSING BENEFITS TO LOW-INCOME FAMILIES
See Project Description and Application
Project Commencement Date: January 1, 2020
Estimated Project Completion Date: December 31, 2021
Authorized Representative of Grantee: James Holz, Chair
Special Conditions: No funds from the FY 2020 LHTF Program award will be disbursed until the
Grantee has successfully closed out its 2018 LHTF Program award.
A-1
PROJECT DESCRIPTION
Local Housing Trust Fund (LHTF) Program funding will be used to promote the development and/or
preservation of affordable housing for households at or below 80 percent of the area median income,
with at least 30 percent of the LHTF Program funding used to assist households with incomes at or
below 30 percent of the area median. The LHTF Program requires a minimum local match of 25
percent of the total grant amount requested. Awards from the LHTF Program must be used for the
development or preservation of affordable housing for eligible recipients, including infrastructure
development, transitional housing, housing for homeless persons, homeownership, rental, capacity
building, or other purposes that further the State Housing Trust Fund's goals. Activities to be
completed under this grant award are as specified in the approved Exhibit B, Project Budget.
A-2
IOWA FINANCE
AUTHORITY
Grantee Name:
City of Dubuque Housing Trust Fund
Agreement Number:
State Housing Trust Fund
Exhibit B - Project Budget
#20-LHTF-10
Source of Funding
Amount
Are funds
secured?
Yes or No
If no,
estimated
date to be
secured?
Local Housing Trust Fund Program
$129,755
Yes
Local Government Contribution - GDTIF
$32,439
Yes
TOTAL SOURCES
$162,194
Use of Funding
Amount
Administration LHTF Program grant funding
$0
Administration Local Match funding
$0
Homeowner - Acquisition Assistance for Homebuyers
(may include rehabilitation)
$162,194
TOTAL USES
$162,194
*Minimum LHTF Program grant amount that must be used to serve Extremely Low -Income Eligible Recipients
$38,926.50
State Housing Trust Fund
Exhibit C - Grantee Activity Status Report
IOWA FINANCE
AUTHORITY
Grantee Name: City of Dubuque Housing Trust Fund
Agreement Number: #20-LHTF-10
Agreement Expiration Date: 12/31/2021
This report must be submitted to IFA within 15 calendar days after the end of the reporting period.
Reporting period end date (report as of June 30 or December 31 of current year)
Final Report? (yes or no)
Provide all requested information as of the reporting period end date as a cumulative total
under this grant agreement (not solely data for this six-month reporting period)
Total Households or Housing Units Assisted as of Reporting Period End Date
Report the cumulative total Number of households or housing units assisted and the Amount of assistance provided
Reporting by Income
Category
Number
$ Amount
Extremely Low -Income - Assisted with Grants
Extremely Low -Income - Assisted with Loans
Extremely Low -Income - Assisted with a
combination of Grants & Loans
Low -Income - Assisted with Grants
Low -Income - Assisted with Loans
Low -Income - Assisted with a combination of Grants
& Loans
Moderate -Income or Above - Assisted with Grants
Moderate -Income or Above - Assisted with Loans
Moderate -Income or Above - Assisted with a
combination of Grants & Loans
Total
0
$0
Reporting by Project Tvpe
Category
Number
$ Amount
Homebuyer / Homeowner Units Assisted
Rental Units Assisted
Housing for the Homeless Units Assisted
Total - Affordable Housing Units
0
$0
Capacity Building Awards
Administration
N/A
Other
If other, explain activities assisted
Total - Capacity Building & Administration
0
$0
Reporting by Activity Tvpe
Category
Number
$ Amount
Housing Development Activities
Housing Preservation Activities
Total - Housing Development & Preservation
0
$0
at or below 30% AMI
at or below 30% AMI
at or below 30% AMI
between 30% and 80% AMI
between 30% and 80% AMI
between 30% and 80% AMI
above 80% AMI and assisted only with
Local Match funding
totals should equal cells C41 / C54 and D41 / D54
includes owner-occu.ied rehabilitation
includes .ermanent and transitional
includes emergenc shelter
totals should equal cells C34 / C54 and D34 / D54
awards to affordable housing agencies
LHTF Program administration
if other, explanation must be provided
attach additional explanation if needed
created new affordable housing
preserved existing affordable housing
totals should equal cells C34 / C41 and D34 / D41
Counties where Households/Housing Units have been Assisted
County
Number of
Households /
Housing Units
SHTF Amount Expended
Local Match Amount Expended
County
County
County
County
County
County
County
County
County
County
TOTAL:
0
$0.00
$0.00
Assessment of progress to date
Activities planned for upcoming semi-annual reporting period
Additional comments, if applicable, including need for corrective action or amendment request
Report prepared by:
Name
Title
Telephone Number
Email
Date
IOWA FINANCE
AUTHORITY
Grantee Name:
City of Dubuque Housing Trust Fund
Agreement Number:
Agreement Expiration Date:
State Housing Trust Fund
Exhibit D - Semi -Annual Financial Report
#20-LHTF-10
12/31/2021
Source of Funding
Budgeted Amount
Amount Expended
to Date
Local Housing Trust Fund Program
$129,755
Local Government Contribution - GDTIF
$32,439
TOTAL SOURCES
$162,194
$0
Use of Funding
Budgeted Amount
Amount Expended
to Date
Administration LHTF Program grant funding
$0
Administration Local Match funding
$0
Homeowner - Acquisition Assistance for Homebuyers (may
include rehabilitation)
$162,194
TOTAL USES
$162,194
$0
*Minimum LHTF Program grant amount that must be used to serve Extremely Low -Income Eligible Recipients
$38,926.50
EXHIBIT E
ADDRESSES FOR NOTICES AND DEMANDS
Authority: Iowa Finance Authority
Attn: State Housing Trust Fund
1963 Bell Avenue, Suite 200
Des Moines, IA 50315
Email: Terri.Rosonke@IowaFinance.com
Grantee: City of Dubuque Housing Trust Fund
350 W. 6th Street, Suite 312
Dubuque, IA 52001
Email: astege@cityofdubuque.org
This information for a party shall be updated promptly, if a change occurs, by providing the other
party with written notice of the change(s) to any of the above information.
E
EXHIBIT F
State Housing Trust Fund
Payment Request Form
IOWA FINANCE
AUTHORITY
Grantee Name and Address: City of Dubuque Housing Trust Fund
350 W. 6th Street, Suite 312
Dubuque, IA 52001
Pursuant to, and in accordance with, the provisions of Section 1.03 "Disbursement and Use of
Proceeds" of the Grant Agreement for Project #20-LHTF-10 under the Program, dated as of
January 1, 2020 (the "Agreement"), between the Iowa Finance Authority (the "Authority"), and the
City of Dubuque Housing Trust Fund (the "Grantee"), the Authority is hereby requested to pay to the
Grantee the following sum, which amount is to be used pursuant to the Application submitted by the
Grantee to the Authority, and in accordance with the Grant Agreement and the Authority's Rules
concerning the Program.
Payment Request Form #:
Total amount requested:
IT IS HEREBY CERTIFIED ' . AT•
11 J.L 11LiW 1 1\ill 1 1
(a) None of the items for which disbursement is requested has formed the basis for any
disbursement heretofore made under the Agreement;
(b) The obligation with respect to which this disbursement is being requested has been
properly incurred in accordance with the Agreement after the date of the Authority's approval of the
Application (or with proper Authority consent) with respect to the Project (as defined in the
Agreement) and is a proper charge under the Agreement;
(c) No Event of Default is continuing under the Agreement; and
(d) Attached hereto are, as applicable, copies of invoices and other necessary documents
in connection with this Payment Request Form.
SIGNATURE F AUTH RIZE GRANTEE REPRESENTATIVE
Name, Title y D Buol, Mayor
March 2, 2020
Date
Send payment request to
Iowa Finance Authority
Attn State Housing Trust Fund
1963 Bell Avenue, Suite 200
Des Moines, IA 50315
Email
Terri Rosonke@IowaFinance com
F
IOWA FINANCE
AUl HOP.ITY
To: Local Housing Trust Fund Program FY 2020 Grantees
From: Terri Rosonke, Housing Programs Manager
Date: January 27, 2020
Re: State Housing Trust Fund Grant Agreement
Congratulations once again on your Local Housing Trust Fund (LHTF) Program award.
An original Grant Agreement is attached for your review and signature. Please print
page 12 of the Grant Agreement, obtain the signature of an authorized Grantee signer
listed in Exhibit A, and return the signature page to my attention. I will email you a
complete scanned copy of the fully executed Grant Agreement after signature by IFA's
Chief Programs Officer, Brian Sullivan. Prior to signing the Grant Agreement, please
carefully review the entire document for accuracy and ensure you understand all
program requirements.
Please note that the enclosed Grant Agreement includes several documents as exhibits
that will be important to your administration of the LHTF Program award, including the
project description and budget, activity status and financial reports, and payment
request form. Please notify me of any material changes to the approved "Project
Description" (Exhibit A) or "Project Budget" (Exhibit B), as such changes may require
the submission of a formal amendment request for IFA's review and approval. The
"Grantee Activity Status Report" (Exhibit C) and "Semi-annual Financial Report" (Exhibit
D) must be submitted twice each year, due by no later than January 15 and July 15,
respectively. Your first required compliance report submission under this Grant
Agreement will cover the January 1 — June 30 time period and must be submitted to IFA
by no later than July 15, 2020. The "Payment Request Form" (Exhibit F) may be
submitted at any time after execution of the Grant Agreements and satisfaction of any
special conditions specified in Exhibit A.
If you have any questions or find a need for corrections to the Grant Agreement, please
contact me at 515-452-0440 orTerri.Rosonke@IowaFinance.com. Thank you for your
attention to this matter. I look forward to working with you on this LHTF Program award.
IowaFinanceAulhority.; •' ' :00.432.7230 515.725.4900
1963 BELL AVENUE SUITE 200 DES MOINES, IOWA 50315