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<br /> <br /> WHEREAS, the County and Town agree that the County shall be solely responsible for <br />administering, managing and directing the Urban County Program including but not limited to <br />the preparation of the Consolidated Plan that is required to be submitted to HUD in order for the <br />County to have access to Urban County Program funds and as such County has final authority <br />for selecting activities that will be funded with Urban County Program funds; and <br /> <br /> WHEREAS, the execution of this Cooperative Agreement, hereinafter referred to as <br />Agreement, is necessary in order to meet the desires of both County and Town of having the <br />Town be part of the Urban County Program. <br /> <br /> WHEREAS, the Town may not apply for grants from appropriations under the State <br />CDBG Program for fiscal years during the period in which it participates in the urban county's <br />CDBG program; and may receive a formula allocation under the HOME Program only through <br />the County, by entering into a cooperation agreement with the County, qualifying the County as <br />an Urban County applicant; <br /> <br /> WHEREAS, the Town and the County agree to "cooperate to undertake, or assist in <br />undertaking, community renewal and lower-income housing assistance activities;" <br /> <br /> WHEREAS, the County and Town may not sell, trade, or otherwise transfer all or any <br />portion of such funds to another such metropolitan Town, urban county, unit of general local <br />government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in <br />exchange for any other funds, credits or non-Federal considerations, but must use such funds for <br />activities eligible under title I of the Act. This new requirement is contained in the <br />Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, <br />2014, Pub. L. 113-76; <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual <br />benefits to be derived therefrom, the parties agree as follows: <br /> <br />1. General. <br />This Agreement gives the County authority to undertake or assist in undertaking activities <br />starting on July 1, 2017 for Fiscal Years 2017-2018, 2018-2019 and 2019-2020, which will <br />be funded from Urban County Program funds and from any program income generated from <br />the expenditures of such funds. County and Town agree to cooperate to undertake, or assist <br />in undertaking community development and affordable housing activities. This Agreement <br />shall automatically renew for a new three (3) year period every time County re-qualifies as <br />an Urban County, (which is every three (3) years), until such time as the Town Council or <br />Santa Clara County Board of Supervisors elects to terminate this Agreement at the <br />conclusion of the preceding three-year term. This Agreement covers all Urban County <br />Program funds. <br /> <br />By executing this Agreement, Town understands that it may not apply for grants under the <br />Small Cities or State CDBG Programs from appropriations for fiscal years during the term of <br />this Agreement, and Town may not participate in a HOME consortium other than COUNTY <br />HOME Program regardless of whether COUNTY receives a HOME formula allocation.