HomeMy WebLinkAbout1969-007 Contract & 2nd AMND - HUD - Lithia Park Grant
UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES
UNDER TITLE V11 OF THE HOUSING ACT OF 1961, AS AMENDED
PART
Project No. Ore. OSC-40(DL)
Contract No. Ore. OSC-40(DL)(G)
THIS AGREEMENT, consisting of this Part I, the Terms and
Conditions (Form HUD-3180b, dated 1-67) forming Part II hereof, and
the Legal Description attached hereto and made a part hereof as
Exhibit "A" (which parts are herein called the "Contract"), effective
on the date hereinbelow set out, by and between the City of Ashland
(herein called the "Public Body") and the
United States of America (herein called the "Government"), WITNESSETH:
In consideration of the mutual covenants, promises, and repre-
sentations contained herein, the parties hereto do agree as follows:
SECTION 1. PURPOSE OF CONTRACT.
The purpose of this contract is to provide Federal financial
assistance to the public Body in the form of a grant of Federal funds
(herein called the "Grant") under Title VII of the Housing Act of 1961,
as amended, for the purpose of carrying out a certain open-space land
project (herein called the "Project") and to state the terms and con-
ditions under which such assistance will be extended.
SECTION 2. THE PROJECT.
(a) The Public Body agrees to undertake, carry out, and
complete the acquisition of fee simple title and development of that
certain land located in the City of Ashland, County of Jackson, State of Oregon
and more generally described in Exhibit "A" hereto.
The Public Body agrees to demolish the structures on the
developed land and to clear the site for the development of the land
for open-space uses, as set forth in this Section.
The Public Body agrees to develop the land in the following
manner and with the improvements described:
Picnic area, pedestrian lighting, benches, undergrounding "
of utilities, pedestrian bridges, plantings, walkways,
sprinkler systems, bus shelter, creek retaining wall and
entrance to the Shakespeare Theatre.
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SECTION 6. COUNTERPARTS OF THE CONTRACT.
This Contract may be executed in two counterparts, each of
which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
SECTION 7. SPECIAL CONDITIONS.
None.
SECTION 8• COMPENSATION TO GOVERNMENT FOR ITS AUDITS AND INSPECTIONS.
The Public Body will compensate the Government for its inspec-
tions and audits, provided for in Section 103(6) of Part II of this
Contract, a fixed fee in the amount of $ 1,969 The fixed 'fee
shall be payable at the time the first requisition for a Grant payment
is approved by a deduction of the entire amount of the fixed fee from
the first Grant payment to the Public Body: Provided, that, in the event
the Grant amount authorized under Section 3 hereof with respect to the
acquisition and clearance of developed land is increased, the additional
fixed fee payable thereby shall be deducted from the next Grant payment
made to the Public Body: Provided further, that, if contemplated acquis-
ition and clearance of developed land is not undertaken as part of the
Project, the amount of the fixed fee paid the Government shall be
refunded to the Public Body. In tie event that any part of acquisition
and clearance of developed land is undertaken as part of the Project,
no portion or part of the fixed fee will be refunded.
IN WITNESS WHEREOF, the Public Body has caused this Contract
to be duly executed and its seal to be hereunto affixed and attested;
and, thereafter, the Government has caused the same to be duly executed
in its behalf by the undersigned official.
f CITY OF ASHLAND
(SEAL) /c A a l4 .
ATTEST-.,,, 6
Title
tle~LA%oAaos~~~ UNITED STATE OF AMERICA
T~ .A. Secretary of Housing and Urban Development
June 9, 1969 By _~~t
(Date of Execution by----- D r~toki Nk*thwe rAreaoOfficecting
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(b) The Public Body agrees to retain said land, as developed,
for permanent open-space purposes, and the open-space use or uses of
said land shall be for.park and recreational purposes, conservation of
land and other natural resources, or historic or scenic purposes.
SECTION 3. THE GRANT.
In order to assist the Public Body in carrying out the Project,
the Government agrees to make a Grant in an amount equal to -fifty ':(50%)
percent of the actual cost of acquisition and clearance of the
developed land, or in the amount of, $ 57,270 , whichever is
less; and fifty (50'x) percent of-the actual cost of the other
Project activities, or in the amount of $ 9Q,584 whichever
is less.
SECTION 4. RELOCATION GRANT.
(a) The Government further agrees to increase the Grant
otherwise payable to the Public Body pursuant to the provisions of
Section 3 hereof in an amount equal to the relocation payments which-
are made by.the Public Body in connection with the Project, in accordance
with regulations prescribed by the Secretary with respect thereto:
Provided, that the amount of such increase shall in no event exceed the
sum of $ 11,975
(b) The Public Body agrees to make relocation payments to or
on behalf of eligible families, individuals, business concerns, and
nonprofit organizations in accordance with and to the fullest extent
permitted by the regulations prescribed by the Secretary and within the
limitations of subsection (a) hereof.
(c) No part of the amount of the relocation payments provided
for hereunder shall be included in computing the amount of the Grant
otherwise payable to the Public Body pursuant to the provisions of
Section 3 hereof.
SECTION 5. TIME OF PERFORMANCE.
The Public Body agrees that it will:
(a) Complete the acquisition of the open-space within 12
months following the date of this contract.
(b) Initiate the development activities contemplated under .
this Contract within 6 months after completion of acquisition of the
open-space land, or within 6 months after approval of the Application
for the Grant payable hereunder, whichever is later, and that it will
complete such development activities within a reasonable period of time
thereafter, now estimated to be 24 monthsf rom the date of this
contract.
HUD-3180b
(1-67) I
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CONTRACT FOR GRANT TO ACQUIRE AND/Oil DEVELOP LAND FOR OPEN-SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
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PART II
TEPuMS AND CONDITIONS
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SEC. 101. USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following
terms, as used herein, shall have the meanings ascribed to them in this
Section:
(A) The capitalized term "Secretary" means the Secretary of Housing and }
Urban Development or the person authorized to act on his behalf.
(B) The term "Contract" means this Contract between the Government and
the Public Body, and includes Parts I and II and any additional document or
documents incorporated herein by special reference, as well as any amendment.
(C•) The term "Application" means the written application for the Grant
by the Public Body, including any -revisions thereto, together with all
explanatory, supporting, or supplementary documents filed therewith.
(D) The term "land" means the interest or interests in real property
acquired or to be acquired and/or developed by the Public Body as set out in
Section 2(a) of Part I-of this Contract and shall include a fee interest or
such lesser interests as therein contemplated.
(E) The term "Project" means the undertaking and carrying out to
completion of the acquisition and/or development of land for open-space uses
as set forth in Section 2(b) of Part I of this Contract.
SEC. 102. ACCOMPLISH14E\1 OF PROJECT
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The Public Body will commence and carry out the Project with all
practicable dispatch, in a sound, economical, and efficient manner, in
accordance with the Application and the provisions of this Contract, and will
initiate and complete the Project within the time limit specified in Section 5
of Part I of this Contract. Such term may be extended with the written consent
of the Secretary. The Public Body will carry out the Project in compliance
with all requirements imposed by or pursuant to regulations of the Secretary
effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 252).
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SEC. 103. PROVISIOiTS RELATING TO ADMINISTRATION j
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(A) Books and Records. The Public Body will keep full and accurate books
and records with respect to all matters covered by this Contract, including i
books and records which permit a speedy and effective audit, and will fully f
disclose:
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(1) Adequate title evidence-in the form of title policies, Torrens
certificates, or abstracts, and attorneys' opinions relating to the land .
or interests in land acquired by the Public Body under this Project;
(2) The amount and disposition of both Federal and non-Federal
funds which are provided for the Project; .
(3) All items of cost chargeable or which are proposed to be
charged to the total cost of the Project;
(4) All Project work and urdertakinSs and all contracts which are
entered into by the Public Body pertaining thereto;
(5) The families, individuals, and business concerns which are
displaced in the carrying out of the Project, the pertinent facts
concerning their relocation, and the making of relocation payments
therefor; and
(6) All proceedings which are taken by the Public Body with respect
to any of the preceding items in this Section.
(B) Inspections and Audits. The Public Body will, at any time during
nora.-1 business hours, and as often as the Secretary or the Comptroller General
of the United States may deem necessary, permit the Secretary and the Comptroller
General to have full and free access to all of its books and records with respect
to the matters mentioned in subsection (A) of this Section, and will permit
the Secretary and the.Comptroller General to audit, examine, and make excerpts
or transcripts from such books and records, and to review, inspect, and make
audits of all Project work, contracts, invoices, materials, payrolls, records
of personnel, conditions of employment, books of accounts, and other documentary
data pertaining to such matters.
(C) Reports and Information. The Public Body will, at such times as
the Secretary may require, furnish him with periodic reports and statements,
and other documentary data and information, as he may request, pertaining to
the various matters covered by this Contract.
SzC. 104. IA D PROVISIONS
(A) General Requirements Concerning Land. The Public Body shall:
(1) Take all necessary steps to remove or abrogate all legally
enforceable provisions pertaining to the restriction of the use of the
land it is acquiring and/or developing, upon the basis of race, creed,
color, or national origin.
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(2), Include in every agreement, lease, conveyance, or other
•instr=ent iinereby the land is disposed of, an affirmative covenant !
binding on the contractor, lessee, grantee, or other party to such
instrument and on the successors in interest to such contractor, lessee,
grantee, or other party that there shall be no discrimination upon the basis
of race, creed, color,. or national origin in the use or occupancy of the
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land. The covenant shall recite that the United States is a beneficiary
of the covenant and entitled to enforce it.
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(3) Not sell, lease, or otherwise dispose of the land except with
the prior written approval of the Secretary.
(k) Not voluntarily create, cause, or allow to be created any debt,
lien, mortGaga, charge, or encumbrance against any of the land which in
any way will impair or otherwise adversely affect the preservation of
said land for the use or uses set out in Section 2(b) of Part I of this
Contract.
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(5) From time to time duly pay and discharge, or cause to be paid
and discharged when the same become due, all taxes, assessments, and other 3
gaverr_mental charges which are lawfully imposed upon any of the land and,
which if %mpaid may by law become a lien or charge upon said land and
thereby impair or otherwise adversely affect the holding of said land for
the use or uses set out in Section 2(b) of Part I of this Contract.
(6) Faithfully observe and conform to all valid requirements of any z
governmental authority relative to the land and all covenants, terms, and g'
conditions applicable to said land.
(B) Fair Market Value. The Public Body shall take all appropriate steps
to assure that the consideration it nays for the land does not exceed fair'
market value at the time of acquisition. If the Secretary determines that the
consideration paid by the Public.Body is in excess of fair market value, for
purposes of computing the amount of the Grant, the acquisition cost shall be
reduced by the amount of the excess.
(C) Special Provisions Relating to'Sale or Lease of Land. If the Project
proposes that the Public Body lease or sell all or part of the and, the Public
Body mutt first obtain written approval of the Secretary before such leasing or
sale is undertaken. Approval will be given only if such leasing or sale is
cots intent with the Project and adequate controls are embodied in the lease or 1
dead to assure the preservation of the open-space use or uses of such land as
set out in Section 2(b) of Part I of this Contract.
(b) Use of Land
(l) No change in the use of the land to a use other than the-
open-space uses set out in Section 2(b) of Part I of this Contract will
be permitted without the prior written approval of the Secretary. Before i
such approval will be given, the Public Body must demonstrate to the
Secretary's satisfaction that;
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(a) The conversion is essential to the orderly development
and growth of the urban area involved;
(b) The conversion is in accord with the comprehensively
- planned development of the urban area; and
(c) The open-space land is being or will be replaced, without
cost to the Federal Government, by other open-space land of at
least equal fair market value at the time of conversion, and of as
nearly as feasible equivalent usefulness and location.
(2) The Public Body shall not discriminate upon the basis of race,
color, or national origin in the sale, lease, or rental or in the use
- or occupancy of the land or any improvements erected or to be erected I
thereon, or any part thereof.
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(3) The Public Body shall not restrict the use of the land, as
developed, on the basis of place of residence, except that a reasonable
fee charged nonresidents over and above any fee that may be charged
residents shall not be interpreted as a restriction of the use of such
land.
(E) Transfer of Public Body's Interests in Land to Another Public Body.
Before the Public Body transfers its interests in the land to another Public
Body, it shall require its transferee to enter into a contract with the
Secretary agreeing in writing to be bound by all of the applicable terms and _
conditions of this Contract.
SEC. 105. M-MENT OF GRANT
(A) Advance or Progress Payments. Under or subject to such conditions
as the Government may, in writing„ specify which are not inconsistent with
applicable law, the Government may, in its discretion, make advance or progress
payments to the Public Body on account of the Grant, or on account of the
increase with respect to the Grant provided for in Section 4 of Part I of
this Contract, at such time or times prior to the completion of the Project
and the final determin5tion of the total cost thereof as, in view of the
status of the Project and the matters relative thereto, the Government may
deem appropriate, but no such advance or progress payment will be made unless
and until the Public Body shall have filed its written request with the
Secretary for such advance or progress payment: Provided, That the Public
Body is not in default on any of the terms of this Contract. The Public Body
shall deposit such advance payment funds in a bank or banks which are members
of the Federal Deposit Insurance Corporation.
(B) Requisition for Grant Payment. The Public Body shall file its'
requisition for payment of Grant, including the increase provided for in
Section 4 of Part I of this Contract, on a form or forms prescribed by the
Secretary. Such requisition shall be accompanied by the Public Body's
certification of purposes, demonstrating the need, at the time, for the funds
requisitioned; that the amount sought is reasonable; and that the purposes for
which it proposes to expend the funds are within the purview of this Contract.
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(C) Acouisition, ricvelopment, and Demolition Costs. Payment of the
Grant provided for. in Section 3 oi' Par`s I of ,his Contract shall be based on
acquisition, demolition, and development costs which have been determined by ;
the Secretary as eligible Project costs, in the light of applicable Federal
law and in accordance with the Secretary's rules and regulations implementing
that law. The acquisition cost shall not include (1) ordinary State or local
gover m,nental expenses; (2) costs of acquiring land located outside the urban
area for which the Public Body exercises (or participates in the exercise of)
open-space rasporsibilities; (3) the cost of land acquired prior to the
notification of the Public Body by the Secretary of his approval of the
Application or of the acquisition of such land; or (4) the cost of land
acquired with the assistance of funds received directly or indirectly from
the Governrnera, or any agency or instrumentality thereof, other than under
t'he terms of this Contract. The development cost shall include only those
costs which are necessary to prepare the land for open-space use and shall
not include (1) the cost of development undertaken prior to the notification
of the Public Body by the Secretary of his approval of the Application or of
the development of the land or (2) the cost of specialized major recreation
facilities. The demolition cost shall include only those costs which are
necessary for the demolition and removal of buildings and structures from
developed land acquired as part of the Project.
SEC. 106. LABOR AND CO\STRUCTIG PROVISION'S
(A) Contract and "force Account" Work. The Public Body may elect to
carry out any necessary demolition, construction, or development activities
as a part of the Project by utilization of its own employees or it may have
such work done under written contracts let by it. Any contracts entered into
for Project work shall contain appropriate provisions to require compliance
with all applicable Federal laws and regulations pertaining to such contracts,
to the work to be performed thereunder, and to the,persons employed in the
carrying out of such contracts.
(B) Competitive Bidding. The Public Body will give full opportunity
for free, open, and competitive bidding for each contract to be let by it
calling for construction, demolition, or other similar work, as a part of
the Project, or for the furnishing of any materials, supplies, or equipment
for or use on, the Project and will give such publicity to its advertisements
or calls for bids for each such contract as will provide adequate competition;
and. the award of each such contract, when made, will be made by it as soon
as practicable to the lo-west responsible bidder: Provided, That in the
selection of such materials, equipment, or supplies, the Public Body may, in -
the interest of standardization or ultimate economy, if the advantage of such
standardization or such ultimate economy is clearly evident and an appropriate
provision for such action is included by it in the proposed contract documents
upon which bids are invited, award a contract to a responsible bidder other
than the lowest in price; Provided further, That purchases of such materials,
equipment, or supplies in amounts of $9,500 or less, and contracts in amourrts
of 2,500 or less calling for construction, demolition, or other similar•work,
as a part of the Project, may, except where contrary to the requirements of
State or local law, be made from time to time by the Public Body without
negotia-Uon or competitive bidding and without observance of the other
provisions of this subsection.
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(C) Provisions!To Be included in Ccrtain Contracts. Before the Public '
Body receives bids or proposals for, or otherwise negotiates for, a proposed
contract v:hick calls for the performance of any work on the Project which
will entail, for such work, the employment by the contractor or his subcontractors
of laborers or mechanics, the Public Body shall include in the proposed contract
deca.;ents appropriate wage schedules (including applicable wage determinations V
of the Secretary of labor, United States Department of Labor) and other ;
provisions which are consistent with the provisions embodied in that document
entitled "Federal Labor Standards Provisions" attached hereto marked HUD-3200
and made a part hereof. Such schedules, wage determinations, and other
provisions, as included in such proposed contract documents, shall also be
included in the contract documents.as executed.' The Public Body will include
in each contract mentioned in the preceding sentence of this subsection an
appropriate provision requiring the contractor to insert in each of his
subcontracts which will entail the employment by such subcontractor of
laborers or mechanics, as aforesaid, wage and other provisions which are
consistent with such contractor's contract with the Public Body.
(D) State or Local Laws Concerning Wage Rates for Laborers and Mechanics.
If State or local laws require that laborers or mechanics who are employed
by the Public Body's contractors, or by such contractorst subcontractors, in
the development of the Project, be paid not less than the wages which are
established pursuant to such laws and if such wages so established are higher
than the wages which are determined by the Secretary of Labor, United states.
Department of labor, pursuant to the aforesaid Davis-Bacon Act, to be the
wages prevailing in the locality in which the Project is situated, nothing
in this Contract is to be construed as intended to relieve the Public Body
of its obligation, if any, to require payment of such higher wages.
(E) Equal Employment opportunity
(1) Ac*.-cies and Contracts Not Subject to Executive order 112:0.
In the carrying out of the Project, the Public Body will not discriminate
against any employee or applicant for employment because of race, creed,
color, or national origin. The Public Body will take affirmative action
to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Public Body agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Government
setting forth the provisions of 'this nondiscrimination clause. The
_DUblic Body will, in all solicitations or advertisements for employees
placed by or on behalf of the Public Body, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, color, or national origin. The Public Body will incorporate
the foregoing requirements of this subparagraph (1) in all of its contracts "
for Project work, except contracts governed by subparagraph (2) of this
Section 106(E) and contracts for standard commercial supplies or raw
materials, and will require all of its contractors for such work to
incorporate such requirements in all subcontracts for Project work.
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(2) Contracts Subject to Executive order 11246. The Public Body
gill incorporate or cause to be incorporated into any contract for
construction or modification thereof which is subject to Executive Order
11246, and the rules and regulations of the Secretary of Labor pursuant
thereto, the following provisions, altered only to reflect the proper i
identity of the parties:
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During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee
or applicant for employment because of race, creed, color, or
national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated f
during employment, without regard to their race, creed, color, or
national origin. Such action shall include, but not be limited to,
the following: employment, upSrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; ratee
of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided by the public Body setting forth the provisions of
this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment
without regard to race, creed, color, or national origin.
(3) The contractor will send to each labor union or
representative of workers with which he has a collective bargaining
agreement or ocher contract or understanding, a notice, to be
provided, advising the labor union or workers' representative of
the contractor's commitments under Section 202 of Executive order
11246 of September 24, 1965, and shall post copies of the notice
in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive
order 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive order 11246 of September 24, 1965, and by the
rules, regulations, and orders of the Secretary of Labor or the
Secretary of Housing and Urban Development pursuant thereto, and will
permit access to his books, records, and accounts by the Publie Body,
the Secretary of Housing and Urban Development, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations,and orders.
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(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, i
regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
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(7) The contractor will include the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted
by rules, -regulations, or orders of the Secretary of Labor issued
Dursuant to Section 204 of Executive order 11246 of September 24, 1965;
so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Public Body or the Secretary
of Housing and Urban Development may direct as a means of enforcing
such provisions, including sanctions for noncompliance; Provided,
however, That, in the event the contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the Public Body, the contractor may
request the United States to enter into such litigation to protect
the interests of the United States.
(3)' Definition Contract for Construction. As used in this
Section 106(E), 'contract for construction means any contract or
agreement for demolition, site clearance, site preparation, or development. .
(4) Enforcement Obligations of Public Body. The Public Body will
assist and cooperate actively with the Secretary of Housing and Urban
Development and the Secretary of Laborin obtaining the compliance of
contractors and subcontractors with the provisions set forth in
subparagraph (2) and with the rules, regulations, and relevant orders of
the Secretary of Labor and will obtain and furnish to the Secretary of
Housing and Urban Development and to the Secretary of Labor such information i
as they may require for the supervision of such compliance. The Public
Body will enforce the obligations of contractors and subcontractors under
such provisions, rules, regulations, and orders and will carry out
sanctions and penalties for violation of such obligations imposed upon
contractors and subcontractors by the Secretary of Labor or the Secretary
of Housing and Urban Development. The Public Body will refrain from
entering into any contract subject to Executive Order 11246 or extension
or'other modification of such a contract with a contractor who has been
debarred from Government contracts and federally assisted construction
contracts under Part II, Subpart D, of Executive Order 11246, or who-
has not demonstrated his eligibility for such contracts as provideU'in
Part II of Executive order 11246. In the event the Public Body fails
and refuses to comply with its undertakings, the Public Body agrees that
the Government (i) may cancel, terminate, or suspend this Contract in
whole or in part, (ii) may refrain from extending any further assistance
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under the program with respect to which the failure or refusal occurred
until satisfactory assurance of future compliance has been received
from the Public Body, or (iii) may refer the case to the Department of
Justice for appropriate legal proceedings.
SEC. 107. DEFAULTS AO RE6^DIES
(A) Termination or Suspension of Contract. The Government may terminate
or suspend this Contract at its discretion upon the happening of any of the
following:
(1) The failure of the Public Body to complete the Project within
the time prescribed in Section 5 of Part I of this Contract;
(2) The making of any misrepresentation by the Public Body in its
Application or in the furnishing of any information to the Secretary;
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event which makes the accomplishment of the Project by the
Public Body impossible, improbable, infeasible, or illegal; or
(5) The commencement of any litigation challenging the performance
by the Public Body of any of its duties or obligations which may
jeopardize or adversely affect the Project, this Contract, or the Grant.
(B) Forfeiture of Grant
(1) If the Public Body should change the use of the land from.the
use or uses designated in Section 2(b) of Part I of this Contract without
the prior written approval of the Secretary, or should it transfer its
interests in the land to another Public Body without requiring the
transferee to execute the contract with the Secretary provided for by
Section 104(E) of this Part II, the Public Body shall at the request of
the Secretary repay to the Government the amount of the Grant.
(2) For any other violation of any of the terms of this Contract,
the Secretary may, in addition to such other remedies as may exist at
law or in equity, require repayment of all or part of the Grant to.the
Government.
(C) When Rights and Remedies Not Waived. In no event shall the making
by the Government of any Grant payment to the Public Body constitute or be
construed as a waiver by the Government of any breach of covenant or any
default which may then exist on the part of the Public Body, and the making
of any such payment by the Gove.nment while any such breach or default shall
exist shall in no wise impair or prejudice any right or remedy available to '
the Government in respect of such breach or default.
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SEC. 108. MISCELLMaZOUS PROVISIONS 1
(A) Interest of Public Body Personnel and Other Local Public Officials.
The Public Body shall adopt and enforce measures to assure that no member of
its governing body and no other officer or employee of the Public Body and ;
no member of the governing body or other public official of any other local
public body in the urban area in which the Project is situated, who exercises i
any functions or responsibilities in connection with the carrying out of the
Project, shall, prior to the completion of the Project, voluntarily acquire
any personal interest, direct or indirect, in any property included in the
project or in any contract or proposed contract in connection with the
undertaking of the Project. If any such member, employee, or officer
presently owns or controls, or in the future involuntarily acquires, any such
personal interest, he shall immediately disclose such interest to the Public
Body. Any member, employee, or officer who shall have or acquire such
interest shall not participate in any action by the Public Body affecting
the undertaking of the Project, unless the Public Body shall determine that,
in the light of the personal interest disclosed, the participation of such
individual in any such action would not be contrary to the public interest.
The Public Body shall promptly advise the Secretary of the facts and
circumstances concerning any disclosure made to it pursuant to this provision
and`:the action taken by the Public Body upon being made aware of said facts
and circumstances.
(B) Interest of Certain Federal Officials. No uember of or Delegate.to
the Congress of the United States, and no Resident Commissioner, shall be ,
admitted to any share or part of this Contract or to any benefit to arise
from the same.
(C) Bonus or Corwaission. The Public Body shall not pay any bonus or
commission for the purpose of obtaining the Secretary's approval of the
Application or any other approval by the Secretary which may be necessary
under this Contract.
(D) Government Not Obligated to Third Parties. The Government shall
not be obligated or liable under this Contract to any party other than the
Public Body.
(E) How Contract Affected by Provisions Being Held Invalid. If any
provision of this Contract is held invalid, the remainder of this Contract
shall not be affected thereby if it is in conformity with the terms and +
requirements of applicable law.
(F) provisions Concerning Certain Waivers. Subject to applicable Federal
` law, any right or remedy which the Government may have under this Contract may
be waived in writing by the Government by a formal waiver and either with or
without the execution of an amendatory or supplementary agreement, if, in the
judgment of the Government, this Contract, as so modified, will still conform
to the provisions and requirements of applicable laws.
_ „
_ 10
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-EICIma ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO 13Y THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874 `
(Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., If
sec. 276b) pursuant to the Act of June 25, 1946, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any
other manner whatsoever induces any person employed in the construction, prosecution, completion or
repair of any public building, public work, or building or work financed in whole or in part by loans
or grants from the United States, to give up any part of the compensation to which he is entitled
under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than
five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors en-
gaged in the construction, prosecution, completion or repair of public buildings, public works or
buildings or works financed in whole or in part by loans or grants from the United States, including
a provision that each contractor and subcontractor shall furnish weekly a statement with respect to
the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States
Code) shall apply to such statements.
- X X X - - -
Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor. United States Department of
Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29
Subtitle A, Code of Federal Regulations, Part 3. The term, "this part," as used in the regulations
hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows:
CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING AND PUBLIC WORK
AND ON BUILDING AND WORK FINANCED IN WHOLE OR IN PART
BY LOANS OR GRANTS FROM THE UNITED STATES
Sec. 3.1 Purpose end scope.
This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934,
as emended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract
which is subject to Federal wage standards and which is for the construction, prosecution, completion, f[
or repair of public buildings, public works or buildings or works financed in whole or in part by
loans or grants from the United States. The part is intended to aid in the enforcement of the mini-
mum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted
construction that contain similar minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e:g., the ODIlege Housing Act of 1950, the Federal Water Pol-
lution Oontrol Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions
of the Oontract Work Hours Standards Act whenever they are applicable to construction work. 'The part
details the obligation of contractors and subcontractors relative to the weekly submission of state-
ments regarding the wages paid on work covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of those employed on such work; and de-
lineates the methods of payment permissible on such work.
Sec. 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished
from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include,
without limitation, buildings, structures, and improvements of all types, such as bridges, dams,
plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, Jetties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and
landscaping. Unless conducted in connection with and at the site of such a building or work as is
F
described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies,
or equipment (whether or not a Federal or State agency acquires title to such materials, articles,
supplies, or equipment during the course of the manufacture or furnishing, or owns the materials
from whirls they are manufactured or furnished) is not a "building" or "work" within the meaning of
.the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work
done on a particular building or work at the site thereof, including, without limitation, altering,
remodeling, painting and decorating, the transporting of materials and supplies to or from the
building or work by the employees of the construction contractor or construction subcontractor, and
the manufacturing or furnishing of materials, articles, supplies, or equipmenton the site of the
building or work, by persons employed at the site by the contractor or subcontractor.
(c) The terns "public building" or "public work" include building or work for whose construc-
tion, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party,
regardless of whether title thereof is in a Federal agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United
States" includes building or work for whose construction, prosecution, completion, or repair, as de-
fined above; payment or part payment is made directly or indirectly from funds provided by loans or
grants by a Federal agency. The term does not include building or work for which Federal assistance
is limited solely to land guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the con-
struction; prosecution, completion, or repair of a public building or public work or building or work
financed in whole or in part by loans or grants from the United States is "employed" and receiving
"wages," regardless of any contractual relationship alleged to exist between him and the real employer.
(f) The tern "any affiliated person" includes a spouse, child, parent, or other close relative 4 .
of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a cor-
poration closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise,
and an officer or agent of such corporation,
(g) The term "Federal agency" means the United States, the District of Columbia, and all execu-
tive departments, independent establishments, administrative agencies, and instrumentalities of the
United States and of the District of Columbia, including corporations, all or substantially all of
the stock of which is beneficially owned by the United States, by the District of Columbia, or any of
the foregoing departments, establishments, agencies, and instrumentalities.
_2_
RESOLUTION
A RESOLUTION APPROVING AND PROVIDING FOR
THE EXECUTION OF A CONTRACT FOR GRANT TO
ACQUIRE AND/OR DEVELOP LAND FOR OPEN SPACE
PURPOSES NO. ORE-OSC-40(DL)(G) BY AND BE-
TWEEN THE CITY OF ASHLAND AND THE UNITED
STATES OF AMERICA.
Be it resolved by the Mayor and Common Council of the
City of Ashland, as follows:
Section 1. The pending proposed Contract for Grant to
Acquire and or Develop Land for Open-Space Purposes No. ORE-OSC-40
(DL)(G).is hereby in. all respects approved.
Section 2. The Mayor and City Recorder of the City of
Ashland are hereby authorized and directed to execute Contract No.
ORE-OSC-40(DL)(G) in two (2) counterparts on behalf of the City
of Ashland and the City Recorder is hereby authorized and directed
to impress and attest the official seal of the Public Body on each
such counterpart and to forward such counterparts to the Department
of Housing.and Urban Development, for execution on behalf of the
Government together with such other documents relative to the approval
and execution of such counterparts as may be required by the Govern-
ment together with.such other documents relative to the approval and
execution of such counterparts as may be required by the Government.
Section 3. This Resolution shall take effect immediately.
ADOPTED THIS 3rd DAY OF June , 1969.
r4if {I1 O.
.:i APPROVED:
by
Charles H. McKeen, Mayor
ATTES~:d~.?
by
W. E. Bartelt, City Recorder
Sec. 3.3, Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications .
higher than that of laborer or mechanic and those who are the immediate supervisors of such employees,
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or
repair of any public building or public work, or building or work financed In whole or in part by
loans or grants from the United States, shall furnish each week a statement with respect to the wages
paid each of its employees engaged on work covered by these regulations during the preceding weekly
payroll period. The statement shall be executed by the contractor or subcontractor or by an author-
ized officer or employee of the contractor or subcontractor who supervises the payment of wages, and
shall be in the following form:
WEEKLY STATEMENT OF COMPLIANCE
19 -
I.
(Nose of signatory party) (Title)
do hereby state:
(1) That I pay or supervise.the payment of the persons employed by
on the ; that
(Contractor or subcontractor) (Building or work)
during the payroll period commencing on the day of
19-, and ending on the day of , 19 - , all persons
employed on said project have been paid the full weekly wages earned, that
no rebates have been or will be made either directly or indirectly to or on
behalf of said from the full weekly
(Contractor or subcontractor) _
wages earned by any person and that no deductions have been made either di-
rectly or indirectly from the full wages earned by any person, other than
permissible deductions as defined in Regulations. Part 3 (29 CFR Part 3),
issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat.
948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 537; 40 U.S.C. 276c), and described
below:
(Paragraph describing deductions If any)
(2) That any payrolls otherwise under this contract required to be sub-
mitted for the above period are correct and complete; that the wage rates for
laborers or mechanics contained therein are not less than the applicable wage
rates contained in any wage determination incorporated into, the contract;
that the classifications set forth therein for each laborer or mechanic con-
form with the work he performed.
(3) That any apprentices employed in the above period are duly registered
in a bona fide apprenticeship program registered with a State apprenticeship
agency recognized by the [Bureau of Apprenticeship and Training,] United
States Department of Labor, or if no such recognized agency exists in a
State, are registered with the Bureau of Apprenticeship and Training, United
States Department of Labor.
(Signature and title)
-3-
f
Section 1001 of Title 18 of the United States Code (Criminal Code, and Criminal Procedure) shall apply
to such statement as provided at 72 Star. 967 (18 U.S.C. 1001, among other things, provides that who-
ever knowingly and willfully makes or uses a document or fraudulent statement of entry, in any matter
within the jurisdiction of any department or agency of the United States, shall be fined not more than
$10,000 or imprisoned not more than five years, or both).
(c) The requirements of this section shall not apply to any contract of $2,000 or less. !i
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide t
reasonable limitations, variations, tolerances, and exemptions from the requirements of this section
subject to such conditions as the Secretary of Labor may specify.
Sec. 3.4 Submission of weekly statements and the preservation and inspection of weekly
payroll records.
(a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or sub-
contractor, within seven days after the regular payment date of the payroll period, to a representa-
tive of a Federal or State agency in charge at the site of the building or work, or, if there is no
representative of a Federal or State agency at the site of the building or work, the statement shall
be mailed by the contractor or subcontractor, within such time, to a Federal or State agency con-
tracting for or financing the building or work. After such examination and check as may be made, t
such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a
report of any violation, in accordance with applicable procedures prescribed by the United States
Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of
three years from date of completion of the contract. The payroll records shall set out accurately
and completely the name and address of each laborer and mechanic, his correct classification, rate
of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such pay-
roll records shall be made available at all times for inspection by the contracting officer or his
authorized representative, and by authorized representatives of the Department of Labor.
Sec. 3.5 Payroll deductions permissible without application to or approval of the f .
Secretary of Labor. fp
Deductions made under the circumstances or in the situations described in the paragraphs of
this section may be made without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law,
such as Federal or State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bone fide prepayment of wages
when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is
considered to have been made only when cash or its equivalent has been advanced to the person em-
ployed in such manner as to give him complete freedom of disposition of the advanced funds. f
(c) Any deduction of amounts required by court process to be paid to another, unless, the de-
duction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or
collaboration exists.
(d) Any deduction constituting a contribution on behalf of the person employed to funds estab-
lished by the employer or representatives of employees, or both, for the purpose of providing either
from principal or income, or both, medical or hospital care, pensions or annuities or retirement,
death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insur-
ance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
- 4 - f
similar payments for the benefit of employees, their families and dependents: Provided, however,
That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it
is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in
which the work is to be done and such consent is not a condition either for the obtaining of or for
the continuation of employment, or (11) provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of its employees; (3) no profit or other
benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any
affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall
serve the convenience and interest of the employee.
. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds
when voluntarily authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase
shares in credit unions organized and operated in accordance with Federal and State. credit union
statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to
governmental or quasi-governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to
Community Chests, United Givers Funds, and similar charitable organizations.
(1) Any deductions to pay regular union initiation fees and membership dues, not including
fines or special assessments: Provided, however, That a collective bargaining agreement between the
contractor or subcontractor and representatives of its employees provides for such deductions and the
deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities
meeting the requirements of section 3(6) of the Fair Labor Standards Act of 1938, as amended, and
Part 531 of this title. When such a deduction is made the additional records required under Sec.
516.25(a) of this title shall be kept.
Sec. 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any
deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that:
(a)' The contractor, subcontractor, or any affiliated person does not make a profit or benefit
directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in ad-
vance of the period in which the work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bar-
gaining agreement between the contractor or subcontractor and representatives of its employees; and
(d) The deduction serves the convenience and interest of the employee.
Sec. 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under Sec. 3.6 shall comply with the re-
quirements prescribed in the following paragraphs of this section:
5-
E
Ir
(a). The application shall be in writing and shall be addressed to the Secretary of Labor. I
(b) The application shall identify the contract or contracts under which the work in question
is to be performed. Permission will be given for deductions only on specific, identified contracts, i
except upon a showing of exceptional circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set ;
forth in the provisions of Sec. 3.6. The affirmation shall be accompanied by a full statement of the
facts indicating such compliance. j.
(d) The application shall include a description of the proposed deduction, the purpose to be
served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction C
would be made.
(e) The application shall state the name and business of any third person to whom any funds ob-
tained from the proposed deductions are to be transmitted and the affiliation of such person, if any,
with the applicant.
Sec. 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under
provisions of Sec. 3.6; and shall notify the applicant in writing of his decision.
Sec. 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible i
under Sec. 3.6 are prohibited.
Sec. 3.10 Methods of payment of wages.
The payment of wages shall be.by cash, negotiable instruments payable on demand, or the addi-
tional forms of compensation for which deductions are permissible under this part. No other methods
of payment shall be recognized on work subject to the Copeland Act. ( {
Sec. 3.11 Regulations part of contract.
n
All contracts made with respect to the construction, prosecution, completion, or repair of any
public building or public work or building or work financed in whole or in part by loans or grants
from the United States covered by the regulations in this part shall expressly bind the contractor
or subcontractor to comply with such of the regulations in this part as may be applicable. In this ,
regard, see Sec. 5.5(a) of this subtitle.
W. Willard Wirtz,
Secretary of Labor.
f
I
i
t
* U.S. GOVERNMENT R FMTING Orncc: INE O-xn-on
_6_ i
T_
i
i
HUD-3200
(4-66)
I
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL LABOR STANDARDS PROVISIONS
i
1. APPLICABILITY
The Project or Program to which the work covered by this Contract
pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance. IfI
2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS I
1
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once each
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are made mandatory by law and such other
payroll deductions as are permitted by the applicable regulations issued i
by the Secretary of Labor, United States Department of Labor, pursuant
to the Anti-Kickback Act hereinafter identified), the full amounts due
at time of payment computed at wage rates not less than those contained
in the wage determination decision of said Secretary of Labor (a copy of
which is attached and herein incorporated by reference), regardless of
any contractual relationship which may be alleged to exist between the I
Contractor or any subcontractor and such laborers and mechanics. All
laborers and mechanics employed upon such work shall be paid in cash,
except that payment may be by check if the employer provides or secures
satisfactory facilities approved by the Local Public Agency or Public
Body for the cashing of the same without cost or expense to the employee.
For the purpose of this clause, contributions made or costs reasonably
anticipated under Section 1(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations. Also for the purpose of this clause, regular
contributions made or costs incurred for more than a weekly period under
plans, funds, or programs, but covering'the particular weekly period,
are deemed to be constructively made or incurred during such weekly period.
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afforded
it under this Contract shall withhold from the Contractor, out of any
payments due the Contractor, so much thereof as the Local Public Agency
or Public Body may consider necessary to pay such laborers or mechanics
_1-
the full amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public Agency or Public Body,
for and on account of the Contractor or the subcontractor (as may be
appropriate), to the respective laborers or mechanics to whom the same
is due or on their behalf to plans, funds, or programs for any type of
fringe benefit prescribed in the applicable wage determination.
4. ANTICIPATED COSTS OF FRINGE BENEFITS.
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or,
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of labor which ishas
part of this Contract: Provided, however, The Secretary of labor found, upon the written request of the Contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program. A copy of any
findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK,HOURS STANDARDS
ACT (76 Stat. 357-360; Title 40 U.S.C., Sections 327-332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require
involve the employment of laborers or mechanics, including watchmen and
guards, shall require or permit any laborer or mechanic in any workweek
in which he is employed on such work to work in excess of eight hours
in any calendar day or in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than
one and one-half times his basic rate of pay for all hours worked in
excess of eight hours in any calendar day or in excess of forty hours
in such workweek, as the case may be.
(b) Violation liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in paragraph (a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed $10 violation
o of the clause set forth in paragraph (a), in the sum of calendar day on which such employee was required or permitted to wor4
in excess of eight hours or in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set
forth in paragraph (a). .
-2- '
(c) Withholding for liquidated damages. The Local Public Agency or
Public Body shall withhold or cause to be withheld, from any moneys payable
on account of work performed by the Contractor or subcontractor, such sums,
as may administratively be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for liquidated damages as
provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
6. EMPLOYMENT OF APPRENTICES
Apprentices will be permitted to perform work covered by this Contract
only under a bona fide apprenticeship program registered with a State
Apprenticeship Agency which is recognized by the Bureau of Apprenticeship
and Training, United States Department of Labor, or, if no such recognized
Agency exists in a State, under a program registered with the Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to journey-
men in any craft classification shall not be greater than the ratio permitted
to the Contractor as to his entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage rate, who is not
registered as above, shall be paid the wage rate determined by the Secretary
of Labor, United States Department of Labor, for the classification of work
he actually performed. The Contractor or subcontractor shall furnish the
Local Public Agency or Public Body with written evidence of the registration
of his program and apprentices, as well as of the appropriate ratios and
wage rates for the area of construction, prior to using any apprentices on I
the contract work. I
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time,
is serving sentence in a penal or correctional institution shall be employed
on the work covered by this Contract.
I
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT"
j
The Contractor shall comply with the applicable regulations (a copy of
which is attached and herein incorporated by reference) of the Secretary
of Labor, United States Department of Labor, made pursuant to the so-called
"Anti-Kickback Act" of June 13, 1934 (48 Stat, 948; 62 Stat. 862; Title 18
U.S.C., Section 874; and Title 40 U.S.C.., Section 276c), and any amendments
or modifications thereof, shall cause appropriate provisions to be inserted
in subcontracts to insure compliance therewith by all subcontractors subject
thereto, and shall be responsible for the submission of affidavits required
by subcontractors thereunder, except as said Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances,
and exemptions from the requirements thereof.
' -3-
9.. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken shall
be submitted by the Local Public Agency or Public Body, through the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor. In the event the interested parties
cannot agree on the proper classification or reclassification of a
particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay a cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established. In
the event the interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred, through the Secretary f.
of Housing and Urban Development, to the Secretary of Labor for determination. 1
11. POSTING WAGE DETERNINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of i
said Secretary of Labor with respect to the various classifications of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classifications,
shall be posted at appropriate conspicuous points at the site of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor standards applicable
under this Contract to his employer.
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13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of
laborers and mechanics employed upon the work covered by this Contract shall
be promptly reported by the Contractor in writing to the Local Public Agency
or Public Body for referral by the latter through the Secretary of Housing
and Urban Development to the Secretary of Labor, United States Department of
Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti-Kickback Act,
(b) the Contract Work Hours Standards Act, (c) the aforesaid Davis-Bacon
Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards
provisions of any other pertinent Federal.statute, shall be referred,
through the Local Public Agency or Public Body and the Secretary of Housing
and Urban Development, to the Secretary of Labor, United States Department
of Labor, for said Secretary's appropriate ruling or interpretation which
shall be authoritative and may be relied upon for the purposes of this
Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls on
forms satisfactory to and in accordance with instructions to be furnished
by the Local Public Agency or Public Body. The Contractor shall submit
weekly to the Local Public Agency or Public Body two certified copies of
all payrolls of the Contractor and of the subcontractors, it being understood
that the Contractor shall be responsible for the submission of copies of
payrolls of all subcontractors. Each such payroll shall contain the "Weekly
Statement of Compliance" set forth in Section 3.3 of Title 29, Code of
Federal Regulations. The payrolls and basic payroll records of the.
Contractor and each subcontractor covering all laborers and-mechanics
employed upon the work covered by this Contract shall be maintained during
the course of the work and preserved for a period of three years thereafter.
Such payrolls and basic payroll records shall contain the name and address
of each such employee, his correct classification, rate of pay (including
rates of contributions or costs anticipated of the, types described in
Section 1(b)(2) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code I
of Federal Regulations, that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, I .
the Contractor or subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that.the plan or program f
is financially responsible, and that the plan or program has been communicated `
in writing to the laborers or mechanics affected, and records which show the '
costs anticipated or the actual cost incurred in providing such benefits. j
The Contractor and each subcontractor shall make his emplbyment records
with respect to persons employed by him upon the work covered by this
Contract available for inspection by authorized representatives of the
Secretary of Housing and Urban Development, the Local Public Agency or
Public Body, and the United States Department of Labor. Such representatives
shall be permitted to interview employees of the Contractor or of any
subcontractor during working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site of
the Project or Program to which this Contract pertains by persons employed
by the Contractor or by any subcontractor, shall, for the purposes of this C
Contract, and without limiting the generality of the foregoing provisions 1
of this Contract, be deemed to be work to which these Federal Labor Standards
Provisions are applicable. ;
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by
this Contract or permit subcontracted work to be further subcontracted
without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at the
time ineligible under the provisions of any applicable regulations issued
by the Secretary of Labor, United States Department of Labor, to receive
an award of such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS I..
The Contractor shall include or cause to be included in each subcontract,
covering any of the work covered by this Contract, provisions which are G
consistent with these Federal Labor Standards Provisions and also a clause
requiring the subcontractors to include such provisions in any lower tier
subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein
elsewhere set forth, the local Public Agency or Public Body reserves
the right to terminate this Contract if the Contractor or any subcontractor I
whose subcontract covers any of the work covered by this Contract shall
breach any of these Federal Labor Standards Provisions. A breach of these
Federal Labor Standards Provisions may also be grounds for debarment as.
provided by the applicable regulations issued by the Secretary of Labor,
United Statee Department of Labor. If
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HUD-32008
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (7-67)
i
NONRESIDENTIAL REHABILITATION LOANS AUTHORIZED UNDER SECTION 312
OF THE HOUSING ACT OF 1964, AS AMENDED
j
ADDENDUM TO FEDERAL LABOR STANDARDS
PROVISIONS, FORM HUD-3200
Except as hereinafter provided, the term "Public Body" is used to
refer to the
Name of Public Body
Section 3 is revised to read as follows:
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Name of property owner, tenant, or other appropriate designation
in addition to such other rights as may be afforded under this
Contract may, upon receiving instructions from the Public Body,
withhold from the Contractor, out of any payments due the Contractor,
so much thereof as the Public Body may determine to be necessary to
pay such laborers or mechanics the full amount of wages required by
this Contract. The amount so withheld shall be paid by the Small
Business Administration per instructions by the Public Body, which
may disburse such amount, for and on account of the Contractor or the
subcontractor (as may be appropriate), to the respective laborers or
mechanics to whom the same is due or on their heialf to plans, funds,
or programs for any type of fringe benefit prescribed in the applicable
wage determination.
Section 5(c) is revised to read as follows:
(c) Withholding for liquidated damages. At the direction of
the Public Body, the Small Business Administration, on behalf of
Name of property owner, tenant, or other appropriate designation
shall withhold or cause to be withheld, from any moneys payable on
account of work performed by the Contractor or subcontractor, such
sums as may administratively be determined to be necessary to satisfy
any liabilities of such Contractor or subcontractor for liquidated
damages as provides: in the clause set forth in paragraph (b).
2
Section 19 is revised to read as follows:
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the
Name of property owner, tenant, or other
appropriate designation
hereby reserves the right to terminate this Contract if the Contractor f
or any subcontractor whose subcontract covers any of the work covered
by this Contract shall breach any of these Federal labor Standards
Provisions. A breach of these Federal Labor Standards Provisions may
also be grounds for debarment as provided by the applicable regulations
issued by the Secretary of labor, United States Department of Labor.
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1219555-P HUD-Wash., D. C. HUD-32008 (7-67)
E OProject No. Ore. OsC-40(DL)
Exhibit "A"
OS - 101 LITHIA PARK EXTENSION LE;;AL.'DESCRI'PTIO'NS
Legal descriptions for properties to be acquired through
this application are described by parcel as foiloas:
Block 2 - Parcel No. L
From the southeast corner of Lot 9 in Block 1, as
shown on the official 1888 Map of r.he City of Ashland,
Jackson County Oregon, measure South 3`33' East 20
feet, more or less, Lo the center 1i, of Miii
Street (now Winourn 'Way), in said city,. thence South
83`20' West i84„4 feet, thence South 12`46' West 23.1
feet to a point on the wester:iy sideline of M;11
Street, and thence South 82`'50' West l6 feet to the .
true p-:)Int of beginn:_ng; thence South 82`50' West
46.20 feet to the northwest corner of tact described
in Volume 118, page, 508, of the Deed Records of Jackson
County, Oregon; thence South 22`20' Went 53.3 feet,
along the westerly line of said tract, to the sovch
west corner thereof; thence South 22' West :58 feet,
more or :Less, along the westerly line of tract described
in Volume 45 Deeds, page 346, to the souz:hariy I.ne of
tract described in Volume 2.16 Deeds, page 48; rhence
North 680' west 53.5 feet; thence Nor*_h 22•`0' East
:110.3 feet; thence South 68'0' East 7.8 Le_t; thence
North 25435' East 24.3 feet to a point SoLitn 8s 20'
West from the northwest corner' of tact described Ln
Volume 109, page 236, of the Deed Records of Jackson
County, Oregon;.thenoe North 83'•20' East 91.3 feet,
more oz less, to the northwest corner of exact described
in Volume 109 Deeds, page 236; thence, soutnwastariy,
along the westerly line of said last described tract,
44:3 feet to the true point of beginning.
Block 2 - Parcel No. 2
Tract A: Beginning at the southeast corner of Lot 9
an Block I of. the City of Ashland, Jackson County,
Oregon; thence North 3030' West along the easterly
y line of said Block 1, a distance of 46.0 feet; thence
South 86''30' West 173,3 feet; thence North 3'3.3' West
25.15 feet, more or :Less, to the southeast corner of
tract described in Volume 50 page 1:1.8 of the Dead
Records of Jackson County, Oregon; thence South 8620'
West 24,7 feet; thence North 01157' West 6'7.1 feet; thence
North 56"10' West 37.85 -feet to the northeast corner
of tract described in Volume :149 page 347., said Dead
Records; thence South 5`45' East 55.2 zeet; thence South
9030' West 16.7 feet; thence South 25°35' West 70.0
feet; thence South 56'20' East 55.0 feet, more or less,
to an intersection with the northerly sideline of M~*Ll
Street extended westerly; thence North 83°20' Eas'•,. along
said northerly sideline 223.9 feet, more.or less to the
southeast corner of Lot 9 in Block 1, the point of
Block 2 - Parcel No. 6
Beginning at a point on the easterly sideline of
Granite Street in'the City of Ashland, JacKson County,
Oregon, from which the stone monument at the inter-
section of the center line of Granite Street with
the center line of High Street in said City, bears
South 42`15' West 208,40 feet;. thence South 52'•30'
East 55,20 feet; thence South 46.95 feet; thence
South 86°20' West.4.60 feet; thence North 52.30' West
19.40 feet to the center line of Ashland Creek; thence
along said creek center line South 3133' East 31.55
feet; thence South 11034' West 15,80 feet; thence
North 52130' West 87.50 feet to the easterly lire of
Granite Street; thence along said street line North
36045' East 78.26 feet to the point of beginning.
Block 2.- Parcel No, 7
Beginning at.the northeast corner,of Lot 1, Block 1,
..in said City of Ashland; thence South 86'27' West,
95.feet, more or less, to the West line of property
described in Dead from A. DePeatt, io James Barrett
and R. P. Campbell, recorded in volume 62 at page
385, Deed Records of Jackson County, Oregon; thence
North to the easterly sideline of Granite Street;
thence northerly along. the easterly sideline of
Granite Street, 84 feet, more or less, to the westerly
sideline of Main Street; thence southerly along the
westerly sideline of Main Street, 100.70 feet to,the
point of beginning; ALSO
Beginning at a point on the easterly sideline of
Gran:~te Street, in the City of Ashland, Jackson
County, Oregon, from which point a stone monument at
the intersection of the center 'Line of Granite Street
and High Street bears South 42•'15' West, 208.40 feet
(said point also being the most northerly corner of
tract described in Volume 48, page 166, of the Deed
Records of Jackson County, Oregon); thence South
52030' East, 55.20 feet; thence North, 92.25 feet,
more or less, to the easterly sideline of Granite
Street; thence South 36145' West, along the easterly
sideline of Granite Street, 73.10 feet to the point
of beginning.
Block 2 - Parcel No.' 8.
Lot 1 in Block 1 of the City of Ashland, Jackson
County, Oregon, according to the official 1888 Map
of said city, EXCEPTING THEREFROM the following;
Beginning at the southeasterly corner of said .-lot;
thence northerly along the easterly line of said lot,
a distance of 7,0 feet; thence at right angles to
said easterly line of said Lot 1, in a westerly di-
rection,'to the westerly line of said lot; thence.
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southerly along the westerly line of saidlot,.to
the southwesterly corner thereof; thence easterly
along the southerly line of said lot to the point
of beginning.
Also, beginning at the northwesterly corner of Lot
1 in Block 1 of the City of Ashland, Jackson County,
Oregon, according to the official 1888 Map of said
city; thence southerly along the westerly line of
said lot, a distance of 24 feet 9 inches, to within
One (1) inch of the Odd Fellows building; thence
westerly parallel with said northerly wall 52 feet
to a stake set for corner, set 8.0 feet East of the
flume of the Ashland Woolen Manufacturing Company;.
thence northeasterly, parallel with said flume, a
distance of 17 feet 10 inches to stake for corner;'
thence easterly 50 feet 10 inches to the point of
beginning.
Also, beginning at the northwesterly corner of Lot
1 in Block 1 of the City of Ashland, Jackson County,
Oregon, according to the official 1888 Map of said
city; thence South 86027' West 59.0 feet, more or
less, to the westerly line of tract described in
Volume 62,, page 385, of the Deed Records of Jackson
County, Oregon; thence South 10.0 feet, more.or less,
to the southwest corner of said tract; thence North
'78045' East to the point of beginning.
Block 2 - Parcel No.' 14
Beginning at the southeast corner of Lot 5 in Block
1 of the City of Ashland, Jackson County, Oregon,
according to the official 1888 plat thereof, now of
record; thence South 8.6020' West, along the south
line of said lot, 137.00 feet to the center of
Ashland Creek; thence North 11134' East, along said
creek, 38.85 feet; thence North 86020' East 126.85
feet to the west line of Main Street in said city;
thence South 3033' East, along said line, 37.50 feet
to the point of beginning.
Block 3 - Parcel No. 2
Beginning at a point, from which the stone monument
at the center line of Main Street with the center
line of Oak Street in the City of Ashland, Jackson
County, Oregon, according to the official City plat
adopted in November of 1888, bears North 3023' West
45.50 feet; thence South 21033' West 72.00 feet the
the true point of beginning; thence continue South
21°33' West 31.00 feet, more.or less, to the northerly
line of the alley which adjoins said property on the
southerly side; thence North .55°27' West along the
northwesterly projection of the northerly'-line of
said alley, 46.83 feet; thence North 21033' East'....
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21.70 feet, along the northwesterly boundaz'y of that
tract described in Volume 48, page 181, of the Deed
Records of Jackson County', Oregon; thence southeasterly
45.63 feet more or less, to the true point of beginning.
Said tract of.la'nd being the most southerly portion of
:land described in P. J. Volume 164, page 110, of Records ~
of Jackson County,Oregon.
i
Block 3 - Parcel No. 7
Beginning at a point on the northwesterly sideline of
South Pioneer Avenue (formerly known as First Avenue
and as Hargadine Avenue), from which the stone monu-
ment at the intersection of the center line of main
Street with the center line of Oak Street as laid
down and designated upon the official map of the City
of Ashland, Jackson County, Oregon, adopted November 5,
1888, bears North 17°35' West 2:33.80 feet distant, said
point being the intersection of the,northwasterly side-
line of said South Pioneer Avenue with the southwesterly
line of an alley as described in Volume 56, page 150, of
the Deed Records of Jackson County, Oregon; thence
South 35'02' West along the northwesterly sideline of
South Pioneer Avenue, a distance of 64.40 feet, to
the most easterly corner of tract described in Volume
116, page 585,.said Deed Records; thence North 56-19'
West along the northeasterly line of said czact, a
distance of 118.40.feet to the easterly line of the
Chautauqua tract as described in Volume 26, page 606,
said Deed Records; thence North 16°15' East 64,60 feet;
to the southwesterly :line of said alley; -chance South
56`19' East along said alley line, a distance of 139.20
feet to the point of beginn=ing. EXCEPTING THEREFROM
the following: Beginning at the most northerly to=ner
of the above described tract;•thence South 56'19' East
along the southwesterly line of said alley, a distance
of 30,0 feet; thence South 16015' West a distance of
60.0 feet; thence North 56°19" West a distance of 30.0 .
feet to the easterly line of said Chautauqua tract;
thence North 16`15' East.a distance of 60.0 feet to
the point of beginning.
Block 3 - Parcel No:8
Beginning at the southwest corner, of Lot 1 in Block 2
\17 of the City of Ashland, Jackson County, Oregon, 'accord-
ing to the official plat of said city adopted November 5,
1888; thence North 21°30' East 19.25 feet along the
westerly line of said lot; thence South 68'30' East
50.16 feet; thence South 21°30' West along said line
4.25 feet; thence southwesterly 30.89 feet to a point
which lies South 69"00' East, 23.16 feet from said
southwest corner of Lot 1; thence North 69°00' West
'23.16 feet to the point of beginning.
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on
Said property being the, southerly most porti of
" land described in Volume 367,.page 10, of Deed
Records at Jackson CounLy, Oregon.
• f
CERTIFICATE
1
The undersigned hereby certifies that: 4
1. (He) (}SKo is duly qualified and acting City Recorder --li
_ (herein called the "Public Body")
and the keeper of-its records.
The attached Resolution is a true and correct copy of the Resolution
as finally adopted at a meeting of the Public Body held on the 3rd.
day of _June _ 19 69 and duly recorded.
3. Said meeting was duly convened and held in all respects in accordance
with law and to the extent required b9 law, due and proper notice of
the meeting was given. A legal quorum was present throughout the
meeting, and a legally sufficient number of members of the Public Body
voted in the proper manner for the adoption of said Resolution. All
other requirements and proceedings under law incident to the proper
adoption or passage of said Resolution have been duly fulfilled,
carried out, and otherwise observed.
4. If an impression of the seal has been duly affixed below, it constitutes,
the official seal of the Public Body, and this certificate is hereby
executed under such official seal. If no seal ,has been affixed, the
Public Body does not have and is not legally required to have an official
seal.
5. The undersigned is duly authorized to execute this certificate.
IN WITNESS WHEREOF, the undersigned has hereunto set (his) (kW hand
this 4th day of _ June 19 69 .
(SEAL) .
P.4''. By ll~Cfl~vf -
Title City Recorder
,ATTEST.:..
Sigttatu;e.toof.•Attesting Officer
Allen A. Alsing, P.E.
Director of Public Works
Title of Attesting Officer
.„.".,.;Notary Public MY COMMISSION EXPIRES JUNE 14, 1971
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Y
CITY OF ASHLAND
ASHLAND, OREGON
~nmoua `os ~ea~t~-~iuGt9 ~inexar ~ntei~ ci{ume of F~c .~ra,~eiaeazean je~tw~C
OFFICE OF THE CITY ATTORNEY
Common Council
City of Ashland
City Hall
Ashland, Oregon
Gentlemen:
I have examined the proposed Contract for Grant To
Acquire Open-Space Land (herein called the "Contract"),
identified as Contract No. ORE. OSC-40 (DL)(G) to be
entered into between yourself and the United States of
America. I have also examined the two counterparts of
the Contract.
I have further examined that certain Resolution
adopted by you on June 3, 1969, wherein the execution
of the Contract was authorized.
I have made appropriate inquiry and I am satisfied
that said Resolution is still in full force and effect,
that there is no pending or threatened litigation
(either in Federal or State courts) challenging your
authority to enter into the Contract, and that no legis-
lation (either State or local) has been enacted which
affects your power or authority to enter into the
Contract and carry out the Program set out therein.
I am, therefore, of the opinion that you are author-
ized to enter into the Contract, that it has been executed
as authorized by said Resolution and by law, and that,
when the Contract has been executed by the Government, it
will constitute a valid, binding, and legal agreement
between yourself and the Government.
Respectfull ,
lar ,
orney Law
Z w
s'"`", aF
O o DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICES
Portland, O,egon
~ q~Qq oO O~ N`
AREA OFFICE
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W' IIIIIIII c' CASCADE BUILDING, 520 S.W. SIXTH AVENUE, PORTLAND, OREGON 77204 Seattle, Washington
~''"aa May 24, 1972
REGION X
REGIONAL OFFICE
SEATTLE. WASHINGTON IN REPLY REFER TO:
10.2G-Stephens
Mr. Brian L. Almquist
City Administrator
City Hall
Ashland, Oregon 97520
Dear Mr. Almquist:
Subject: Project No. ORE-OSC-40(DL)
Contract No. ORE-OSC-40(DL)(G)
We are please to enclose herewith one fully executed counterpart
of Amendment No. 2 for your files and information.
Sin ly,
,
Re sell Dawson
Area Director
Encl.
UNITED STAPES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECOND AMENDATORY CONTRACT AMENDING CONTRACT FOR GRANT TO ACQUIRE OPEN-SPACE
LAND UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Project No. ORE-OSC-40(DL)
City of Ashland
Contract No. ORE-OSC-40(DL)(C)
Amendment No. 2
THIS AMENDATORY CONTRACT made and entered into on the date hereinbelow specified,
by.and between the City of Ashland (herein called the "Public Body") and the United
States of America (he-rein called the "Government"),
WITNESSETH:
WHEREAS, the parties hereto entered into that certain Contract for Grant to Acquire
Open Space Land, Contract No. ORE-OSA-40(DL)(C) dated June 9, 1969, as amended
September 30, 1971, (herein called the "Existing Contract") and it now appears that the
Existing Contract should be amended;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representa-
tions contained herein and in the the Existing Contract, the parties hereto do agree as
follows:
The Existing Contract, Part 3, is hereby amended by deleting the figure $57,270
and inserting in lieu thereof $47,854. Section 3 is hereby further amended by deleting
therefrom the figure $90,584 and inserting in lieu thereof $100,000.
IN WITNESS WHEREOF, the Public Body has caused this Amendatory Contract to be duly
executed in its behalf and its seal to be hereunto affixed and attested; and, there-
after, the Government has caused the same to be duly executed in its behalf by the
undersigned official.
CITY OF ASHLAD
BY `fXyr^
Alf ed Willstatter
(~E'L) Title Acting Mayor, City of Ashland
ATTEST, /
By
Jo eph M. Butler
Title City Recorder/Treasurer
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
(HUD SEAL)
By
Area Director
Portland Area Office, Region X
May 24, 1972
Date of Execution by-;overc,mell