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HomeMy WebLinkAboutRESOLUTION - 11-94 - 2/8/1994 - AGREEMENT/IL HOUSING DEVELOP. AUTHORITYRESOLUTION NO. 11-94 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: MORTGAGE CREDIT CERTIFICATE PROGRAM PROGRAM ADMINISTRATION AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: The credit rate is hereby established at 30%. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 8th APPROVED this 8th ATTEST: Patricia S. Smith Village Clerk day of February , 1994. day Of February , 1994. Dennis J. Gallitano Village President MORTGAGE CREDIT CERTIFICATE PROGRAM PROGRAM ADMINISTRATION AGREEMENT This Program Administration Agreement ("Agreement") dated as of February 8, 1994, is made by and between the Illinois Housing Development Authority ("The Authority") ("Program Administrator") and The Village of Elk Grove Village ("Issuer"). WITNESSETH WHEREAS, the Internal Revenue Code of 1986 ("Tax Code") provides for the issuance of Mortgage Credit Certificates ("MCC's") as a means of assisting qualified individuals with the acquisition of new and existing single family housing; and WHEREAS, the Issuer desires to establish the MCC Program ("Program") with the allocation of its 1993 bond volume cap as defined in Section 146 of the Tax Code and agrees to issue MCC's in connection with mortgage loans which meet the requirements of the Tax Code in the approximate amount of $1,671,450; and WHEREAS, the Authority wishes to administer the MCC Program for the Issuer. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Issuer and the Authority agree as follows: 1. Issuer hereby appoints the Authority as its agent for receipt and Tax Code compliance review of applications for MCC's under the Program. 2. The Authority warrants that it is familiar with Section 25 of the Tax Code and all temporary and permanent regulations applicable thereto as well as all applicable provisions of State law. The Authority hereby agrees to be bound by and comply with all applicable provisions of the Tax Code in effect or that may become effective in the future. 3. The Authority hereby agrees to assist the Issuer prepare and file its election to issue MCC's with the Internal Revenue Service, and its report to the Governor's Office on volume cap allocated and issued. 4. The Authority hereby agrees to assist the Issuer market the Program to lenders, realtors, homebuilders and the general public. 5. The Authority hereby agrees to provide the Issuer with all documents for the MCC Program, including Lender Participation Agreements, Procedural Manuals, Program Forms and Affidavits. 6. The Authority hereby agrees to develop and maintain a first come, first served MCC reservation system. 7. To the extent MCC authority remains available, the Authority hereby agrees to review MCC applications for eligibility and Tax Code compliance, and issue MCC's as Issuer's agent following loan closing. 8. The Authority hereby agrees to maintain records regarding the issuance of MCC's and prepare for the Issuer quarterly and annual reports to the Internal Revenue Service on MCC's issued. 9. The Authority hereby agrees to furnish data to participating lenders and monitor their annual reporting to the Internal Revenue Service. 10. The Authority hereby agrees that the Issuer has the authority to examine and inspect all books and records in the Authority's possession relating to any MCC and the Program. 11. The Authority may charge each borrower an administration fee in an amount equal to $350.00 or one percent (1%) of the mortgage loan, whichever is less, due and payable at closing. 12. The Issuer hereby agrees to demand strict performance by lenders of all provisions of the Lender Participation Agreement, and further agrees not to waive or modify any provision of the Lender Participation Agreement without written consent of the Authority. 13. This Agreement shall remain in full force and effect until terminated. This Agreement shall terminate one year from the date of this Agreement dated above, or upon issuing all MCC's and filing all reports to the Internal Revenue Service, whichever occurs the latter. Village Of Elk Grove Village Issuer BY: Dennis J. Gallitano ITS: PRESIDENT BY: Patricia S. Smith ITS: VILLAGE CLERK The Illinois Housing Development Authority - Program Administrator BY:- ITS:- BY:- ITS: Y:ITS:BY:ITS: