Jobs Creation. The Parties acknowledge that (i) the City has entered into that certain Funding Approval/Agreement (B-02-MC-06-0501) with the United States Department of Housing and Urban Development (“HUD”) pursuant to which HUD has provided Ten Million Dollars ($10,000,000) to the City to pay for certain costs associated with the Project (the “Section 108 Loan for the Project”), (ii) pursuant to that certain Second Amended and Restated Cooperation Agreement (Lincoln/Beach Section 108 Loan) dated as of July 1, 2004 between the City and Successor Agency (the “City/Agency Cooperation Agreement”), the Successor Agency utilized the proceeds of the Section 108 Loan for the Project, and (iii) in consideration for making the Section 108 Loan for the Improvements, HUD requires, among other things, that the City provide that at least fifty-one percent (51%) of the jobs created by the operation of the Project (the “Project Jobs”) be held by, or be made available to, persons of low and moderate income (the “HUD Jobs Creation National Objective”). Accordingly, the Parties intend to satisfy the HUD Jobs Creation National Objective as set forth in this Section 404. 404.1 Project Jobs Description. Prior to commencing construction of the Improvements with respect to each of the Major Retailer(s), Developer shall provide City a description, in a form reasonably acceptable to City, of all of the Project Jobs, indicating which of the Project Jobs are full time equivalent positions (the “Project Jobs Description”); the Project Jobs Description shall denote which of the Project Jobs have job qualifications requiring no more than a high school education and/or one (1) year of training or work experience (“Qualifying Project Jobs”). Developer shall update the Project Jobs Description promptly upon a substantial change in such jobs and/or job qualifications, but in no event less than annually.
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Jobs Creation. The Parties acknowledge that (i) the City has entered into that certain Funding Approval/Agreement (B-02-MC-06-0501) with the United States Department of Housing and Urban Development (“HUD”) pursuant to which HUD has provided Ten Million Dollars ($10,000,000) to the City to pay for certain costs associated with the Project (the “Section 108 Loan for the Project”), (ii) pursuant to that certain Second Amended and Restated Cooperation Agreement (Lincoln/Beach Section 108 Loan) dated as of July 1, 2004 between the City and Successor Agency (the “City/Agency Cooperation Agreement”), the Successor Agency utilized City has agreed to transfer the proceeds of the Section 108 Loan for the ProjectProject to the Successor Agency promptly upon the City’s receipt of such proceeds, and (iii) in consideration for making the Section 108 Loan for the ImprovementsProject, HUD requires, among other things, that the City Successor Agency (on behalf of the City) provide that at least fifty-one percent (51%) of the jobs created by the operation of the Project (the “Project Jobs”) be held by, or be made available to, persons of low and moderate income (the “HUD Jobs Creation National Objective”). Accordingly, the Parties intend to satisfy the HUD Jobs Creation National Objective as set forth in this Section 404Section.
1. 404.1 Project Jobs Description. Prior to commencing construction of the Improvements improvements with respect to each of the Major Retailer(s)Tenants, Developer shall provide City Successor Agency a description, in a form reasonably acceptable to CitySuccessor Agency, of all of the Project Jobs, indicating which of the Project Jobs are full time equivalent positions (the “Project Jobs Description”); the Project Jobs Description shall denote which of the Project Jobs have job qualifications requiring no more than a high school education and/or one (1) year of training or work experience (“Qualifying Project Jobs”). Developer shall update the Project Jobs Description promptly upon a substantial change in such jobs and/or job qualifications, but in no event less than annually.
2. Project Jobs Available to Low and Moderate Income Persons. Developer shall provide that at least fifty-one percent (51%) of the Project Jobs are made available to low and moderate income persons. Accordingly, Developer shall do the following:
(a) Concurrently with Developer’s delivery of the Project Jobs Description, Developer shall submit to Successor Agency for Successor Agency review and approval a list of which employers within the Project shall provide “First Consideration” to “Qualifying Job Applicants” in accordance with (b), below. The list shall include employers of not less than 75% of the jobs available within the Project. (The employers included on the list are hereinafter referred to as the Participating Employers.) Successor Agency shall approve such list provided that the Project Jobs Description demonstrates that the Participating Employers will provide Qualifying Project Jobs greater than or equal to fifty-one percent (51%) of the aggregate Project Jobs.
(b) Developer shall require that Participating Employers enter into a First Source Agreement with the Workforce Development Department of the City of Anaheim (“WDD”) containing the following terms:
(i) WDD will conduct community outreach designed to assemble a pool of potential low to moderate income job applicants for the Qualifying Project Jobs (“Potential Qualifying Job Applicants”).
(ii) WDD will prescreen and verify which of the Potential Qualifying Job Applicants are persons of low to moderate income (“Qualifying Job Applicants”).
(iii) Participating Employers will notify WDD of openings for Qualifying Project Jobs.
(iv) With respect to initial hires, WDD will direct Qualifying Job Applicants to Participating Employers; with respect to subsequent hires, WDD will create and update quarterly a list of Qualifying Job Applicants who are interested in seeking employment with Participating Employers (“Employment Interest List”).
(v) Participating Employers will review the job applications submitted by Qualifying Job Applicants (i) for a period of thirty (30) days prior to making such jobs available to the general public, with respect to the initial hires, and (ii) for a period of three (3) days prior to making such jobs available to the general public, with respect to all subsequent hires, provided such period shall earlier terminate in the event that job applications from all persons on the Employment Interest List have been reviewed.
(vi) Participating Employers will notify WDD which of the Qualifying Job Applicants were interviewed and the results of such interviews as to whether or not the Qualifying Job Applicants were hired.
(vii) Participating Employers will provide WDD with the names for all persons holding Project Jobs on an annual basis.
(viii) WDD will provide HUD with the documentation required under the HUD Jobs Creation National Objective.
(ix) The requirements of this Section shall not apply to construction or remodeling of improvements on property owned or leased by Participating Employers within the Project.
(x) Nothing in this Section shall prohibit a Participating Employer from transferring an existing employee to a job located within the Project without complying with the requirements of (b)(v) above.
(xi) Nothing in this Section shall require a Participating Employer to hire individuals who are not qualified for the intended position, and Participating Employers shall have the right to determine the most appropriate person to be hired.
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Jobs Creation. The Parties acknowledge that (i) the City has entered into that certain Funding Approval/Agreement (B-02-MC-06-0501) with the United States Department of Housing and Urban Development (“HUD”) pursuant to which HUD has provided Ten Million Dollars ($10,000,000) to the City to pay for certain costs associated with the Project (the “Section 108 Loan for the Project”), (ii) pursuant to that certain Second Amended and Restated Cooperation Agreement (Lincoln/Beach Section 108 Loan) dated as of July 1, 2004 between the City and Successor the Anaheim Redevelopment Agency (the “City/Agency Cooperation Agreement”), the Successor Agency utilized City has agreed to transfer the proceeds of the Section 108 Loan for the ProjectProject to the City promptly upon the City’s receipt of such proceeds, and (iii) in consideration for making the Section 108 Loan for the ImprovementsProject, HUD requires, among other things, that the City (on behalf of the City) provide that at least fifty-one percent (51%) of the jobs created by the operation of the Project (the “Project Jobs”) be held by, or be made available to, persons of low and moderate income (the “HUD Jobs Creation National Objective”). Accordingly, the Parties intend to satisfy the HUD Jobs Creation National Objective as set forth in this Section 404Section.
1. 404.1 Project Jobs Description. Prior to commencing construction of the Improvements improvements with respect to each of the Major Retailer(s)Retailers, Developer Grantee shall provide City a description, in a form reasonably acceptable to City, of all of the Project Jobs, indicating which of the Project Jobs are full time equivalent positions (the “Project Jobs Description”); the Project Jobs Description shall denote which of the Project Jobs have job qualifications requiring no more than a high school education and/or one (1) year of training or work experience (“Qualifying Project Jobs”). Developer Grantee shall update the Project Jobs Description promptly upon a substantial change in such jobs and/or job qualifications, but in no event less than annually.
2. Project Jobs Available to Low and Moderate Income Persons. Grantee shall provide that at least fifty-one percent (51%) of the Project Jobs are made available to low and moderate income persons. Accordingly, Grantee shall do the following:
(a) Concurrently with Grantee’s delivery of the Project Jobs Description, Grantee shall submit to City for City review and approval a list of which employers within the Project shall provide “First Consideration” to “Qualifying Job Applicants” in accordance with (b), below. The list shall include employers of not less than 75% of the jobs available within the Project. (The employers included on the list are hereinafter referred to as the Participating Employers.) City shall approve such list provided that the Project Jobs Description demonstrates that the Participating Employers will provide Qualifying Project Jobs greater than or equal to fifty-one percent (51%) of the aggregate Project Jobs.
(b) Grantee shall require that Participating Employers enter into a First Source Agreement with the Workforce Development Department of the City of Anaheim (“WDD”) containing the following terms:
(i) WDD will conduct community outreach designed to assemble a pool of potential low to moderate income job applicants for the Qualifying Project Jobs (“Potential Qualifying Job Applicants”).
(ii) WDD will prescreen and verify which of the Potential Qualifying Job Applicants are persons of low to moderate income (“Qualifying Job Applicants”).
(iii) Participating Employers will notify WDD of openings for Qualifying Project Jobs.
(iv) With respect to initial hires, WDD will direct Qualifying Job Applicants to Participating Employers; with respect to subsequent hires, WDD will create and update quarterly a list of Qualifying Job Applicants who are interested in seeking employment with Participating Employers (“Employment Interest List”).
(v) Prior to opening, Participating Employers will meet with the Manager of the City of Anaheim’s Workforce Development Division (WDD) to establish protocol specific to the tenant that address the following:
(1) Priority status for qualifying job applicants;
(2) Status of qualified job applicants considered by the participating employer, and;
(3) Appropriate documentation of qualified job applicants vitae for audit purposes for Federal Funding Program(s).
(vi) WDD will provide HUD with the documentation required under the HUD Jobs Creation National Objective.
(vii) The requirements of this Section shall not apply to construction or remodeling of improvements on property owned or leased by Participating Employers within the Project.
(viii) Nothing in this Section shall prohibit a Participating Employer from transferring an existing employee to a job located within the Project without complying with the requirements of (b)(v) above.
(ix) Nothing in this Section shall require a Participating Employer to hire individuals who are not qualified for the intended position, and Participating Employers shall have the right to determine the most appropriate person to be hired.
Appears in 1 contract
Jobs Creation. The Parties acknowledge that (i) the City has entered into that certain Funding Approval/Agreement (B-02-MC-06-0501) with the United States Department of Housing and Urban Development (“HUD”) pursuant to which HUD has provided agreed to provide up to Ten Million Dollars ($10,000,000) to the City to pay for certain costs associated with the Project (the “Section 108 Loan for the Project”), (ii) pursuant to that certain Second Amended and Restated Cooperation Agreement (Lincoln/Beach Section 108 Loan) dated as of July 1, 2004 between the City and Successor Agency (the “City/Agency Cooperation Agreement”), the Successor Agency utilized City has agreed to transfer the proceeds of the Section 108 Loan for the ProjectProject to the Agency promptly upon the City’s receipt of such proceeds, and (iii) in consideration for making the Section 108 Loan for the ImprovementsProject, HUD requires, among other things, that the City Agency (on behalf of the City) provide that at least fifty-one percent (51%) of the jobs created by the operation of the Project (the “Project Jobs”) be held by, or be made available to, persons of low and moderate income (the “HUD Jobs Creation National Objective”). Accordingly, the Parties intend to satisfy the HUD Jobs Creation National Objective as set forth in this Section 404Section.
1. 404.1 Project Jobs Description. Prior to commencing construction of the Improvements improvements with respect to each of the Major Retailer(s)Tenants, Developer shall provide City Agency a description, in a form reasonably acceptable to CityAgency, of all of the Project Jobs, indicating which of the Project Jobs are full time equivalent positions (the “Project Jobs Description”); the Project Jobs Description shall denote which of the Project Jobs have job qualifications requiring no more than a high school education and/or one (1) year of training or work experience (“Qualifying Project Jobs”). Developer shall update the Project Jobs Description promptly upon a substantial change in such jobs and/or job qualifications, but in no event less than annually.
2. Project Jobs Available to Low and Moderate Income Persons. Developer shall provide that at least fifty-one percent (51%) of the Project Jobs are made available to low and moderate income persons. Accordingly, Developer shall do the following:
(a) Concurrently with Developer’s delivery of the Project Jobs Description, Developer shall submit to Agency for Agency review and approval a list of which employers within the Project shall provide “First Consideration” to “Qualifying Job Applicants” in accordance with (b), below. The list shall include employers of not less than 75% of the jobs available within the Project. (The employers included on the list are hereinafter referred to as the Participating Employers.) Agency shall approve such list provided that the Project Jobs Description demonstrates that the Participating Employers will provide Qualifying Project Jobs greater than or equal to fifty-one percent (51%) of the aggregate Project Jobs.
(b) Developer shall require that Participating Employers enter into a First Source Agreement with the Workforce Development Department of the City of Anaheim (“WDD”) containing the following terms:
(i) WDD will conduct community outreach designed to assemble a pool of potential low to moderate income job applicants for the Qualifying Project Jobs (“Potential Qualifying Job Applicants”).
(ii) WDD will prescreen and verify which of the Potential Qualifying Job Applicants are persons of low to moderate income (“Qualifying Job Applicants”).
(iii) Participating Employers will notify WDD of openings for Qualifying Project Jobs.
(iv) With respect to initial hires, WDD will direct Qualifying Job Applicants to Participating Employers; with respect to subsequent hires, WDD will create and update quarterly a list of Qualifying Job Applicants who are interested in seeking employment with Participating Employers (“Employment Interest List”).
(v) Participating Employers will review the job applications submitted by Qualifying Job Applicants (i) for a period of thirty (30) days prior to making such jobs available to the general public, with respect to the initial hires, and (ii) for a period of three (3) days prior to making such jobs available to the general public, with respect to all subsequent hires, provided such period shall earlier terminate in the event that job applications from all persons on the Employment Interest List have been reviewed.
(vi) Participating Employers will notify WDD which of the Qualifying Job Applicants were interviewed and the results of such interviews as to whether or not the Qualifying Job Applicants were hired.
(vii) Participating Employers will provide WDD with the names for all persons holding Project Jobs on an annual basis.
(viii) WDD will provide HUD with the documentation required under the HUD Jobs Creation National Objective.
(ix) The requirements of this Section shall not apply to construction or remodeling of improvements on property owned or leased by Participating Employers within the Project.
(x) Nothing in this Section shall prohibit a Participating Employer from transferring an existing employee to a job located within the Project without complying with the requirements of (b)(v) above.
(xi) Nothing in this Section shall require a Participating Employer to hire individuals who are not qualified for the intended position, and Participating Employers shall have the right to determine the most appropriate person to be hired.
Appears in 1 contract
Jobs Creation. The Parties acknowledge that (i) the City has entered into that certain Funding Approval/Agreement (B-02-MC-06-0501) with the United States Department of Housing and Urban Development (“HUD”) pursuant to which HUD has provided Ten Million Dollars ($10,000,000) to the City to pay for certain costs associated with the Project (the “Section 108 Loan for the Project”), (ii) pursuant to that certain Second Amended and Restated Cooperation Agreement (Lincoln/Beach Section 108 Loan) dated as of July 1, 2004 between the City and Successor Anaheim Redevelopment Agency (the “City/Agency Cooperation Agreement”), the Successor Anaheim Redevelopment Agency utilized the proceeds of the Section 108 Loan for the Project, and (iii) in consideration for making the Section 108 Loan for the ImprovementsProject, HUD requires, among other things, that the City provide that at least fifty-one percent (51%) of the jobs created by the operation of the Project (the “Project Jobs”) be held by, or be made available to, persons of low and moderate income (the “HUD Jobs Creation National Objective”). Accordingly, the Parties intend to satisfy the HUD Jobs Creation National Objective as set forth in this Section 404. 404.1 Project Jobs Description. Prior to commencing construction of the Improvements Project with respect to each of the Major Retailer(s), Developer shall provide City a description, in a form reasonably acceptable to City, of all of the Project Jobs, indicating which of the Project Jobs are full time equivalent positions (the “Project Jobs Description”); the Project Jobs Description shall denote which of the Project Jobs have job qualifications requiring no more than a high school education and/or one (1) year of training or work experience (“Qualifying Project Jobs”). Developer shall update the Project Jobs Description promptly upon a substantial change in such jobs and/or job qualifications, but in no event less than annually. Project Jobs Available to Low and Moderate Income Persons. Developer shall provide that at least fifty-one percent (51%) of the Project Jobs are made available to low and moderate income persons. Accordingly, Developer shall do the following: Concurrently with Developer’s delivery of the Project Jobs Description, Developer shall submit to City for City review and approval a list of which employers within the Project shall provide “First Consideration” to “Qualifying Job Applicants” in accordance with (b), below. The list shall include employers of not less than 75% of the jobs available within the Project. (The employers included on the list are hereinafter referred to as the “Participating Employers.”) City shall approve such list provided that the Project Jobs Description demonstrates that the Participating Employers will provide Qualifying Project Jobs greater than or equal to fifty-one percent (51%) of the aggregate Project Jobs. Developer shall require that Participating Employers enter into a First Source Agreement with the Workforce Development Department of the City of Anaheim (“WDD”) containing the following terms: WDD will conduct community outreach designed to assemble a pool of potential low to moderate income job applicants for the Qualifying Project Jobs (“Potential Qualifying Job Applicants”). WDD will prescreen and verify which of the Potential Qualifying Job Applicants are persons of low to moderate income (“Qualifying Job Applicants”). Participating Employers will notify WDD of openings for Qualifying Project Jobs. With respect to initial hires, WDD will direct Qualifying Job Applicants to Participating Employers; with respect to subsequent hires, WDD will create and update quarterly a list of Qualifying Job Applicants who are interested in seeking employment with Participating Employers (“Employment Interest List”). Prior to opening, Participating Employers will meet with the Manager of the City of Anaheim’s Workforce Development Division (WDD) to establish protocol specific to the tenant that address the following:
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