HomeMy WebLinkAboutContract 45978-A1 cmr sEcRETAR'L S L-A k
CONTRACT NO.
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45978
WHEREAS, on September 23, 2014, the City Council of the City of Fort Worth ("City")
authorized the expenditure of a total of $1,300,000.00 in HOME Investment Partnerships
Program ("HOME") grant funds to the Fort Worth Housing Finance Corporation ("FWHFC"),
for an affordable housing development in the Diamond Hill--Jarvis neighborhood and the sale of
21 lots to FWHFC for the construction of new single family houses to be sold to HOME-eligible
buyers (M&C C-27008);
WHEREAS, the Board of Directors of FWHFC, a Texas housing finance corporation and
public instrumentality of the City, approved contracts with City to purchase the lots and for the
HOME funds in order to act as developer of affordable housing for low and moderate income
home buyers(Resolution No. FWHFC-2014-13);
WHEREAS, on September 25, 2014, City and FWHFC made and entered into City
Secretary Contract No. 45978 for the purpose of funding the construction of up to 21 single
family houses as part of the Hardy Street Single Family Infill Development (the "Original
Contract");
WHEREAS, the Original Contract provided funding to FWHFC pursuant to a grant from
the United States Department of Housing and Urban Development through the HOME Program,
Catalog of Federal Domestic No. 14.239, with which the City desires to promote activities that
expand the supply of affordable housing and the development of partnerships among City, local
governments, lenders, private industry and non-profit housing organizations,
WHEREAS, the Original Contract specifically provided FWHFC with City HOME funds
for the construction of a single family house to be located at 3601 Eagle Nest Street as part of the
development;
WHEREAS, the City is required to spend a portion of its annual award of HOME funds
on projects with Community Housing Development Organizations ("CHDO") and has requested
that the HOME contracts for the development be assigned by FWHFC to Tarrant County
Housing Partnership, Inc., a CHDO, in order to assist City in meeting its CHDO spending and
commitment goals with the United States Department of Housing and Urban Development;
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WHEREAS, it is the mutual desire of City and FWHFC to assign FWHFC's rights and
rri obligations as Developer under the Original Contract to Tarrant County Housing Partnership,
a Inc. in order to meet the City's strategic goal of development and revitalization of the City's
n affordable housing stock and to accomplish the objectives of the Original Contract;
�.p WHEREAS, Tarrant County Housing Partnership, Inc., a Texas non-profit corporation
Q and CHDO (hereinafter"Developer") is willing to assume all of FWHFC's rights and obligations
as Developer under the Original Contract;
OFFICIAL RECORD
CHDO SINGLE FAMILY CONTRACT CITY SECRETARY Page 1
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WHEREAS, Developer has requested that 3616 Eagle Nest Street be substituted for the
original address of 3601 Eagle Nest Street and City has agreed to the substitution;
WHEREAS, in order to facilitate the development and to assist the City in meeting its
CHDO commitment and spending goals and requirements, City and Developer have agreed to
amend and restate the Original Contract and incorporate their agreement as set forth below,
which agreement shall substitute for and supersede the terms of the Original Contract. City and
Developer may be referred to individually as a"Party" and collectively as"the Parties"_
NOW THEREFORE, in consideration of the mutual agreements in the Original Contract
as amended and restated herein, and the further consideration of the mutual covenants,
obligations and responsibilities contained herein, including all Exhibits and Attachments, and
subject to the terms and conditions hereinafter stated, City and Developer agree that the
following is substituted for and supersedes the Original Contract:
"This contract ("Contract") is made and entered into by and between the City of Fort
Worth thereafter "City") and Tarrant County Housing Partnership, Inc. (hereafter "Developer"),
a Texas non-profit corporation. City and Developer may be referred to individually as a "Party"
and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has received a grant from the United States Department of Housing and
Urban Development ("l IUD") through the HOME Investment Partnerships Program., Catalog of
Federal Domestic Assistance No. 14.239, with which City desires to promote activities that
expand the supply of affordable housing and the development of partnerships among City, local
governments, lenders,private industry, and non-profit housing organizations;
WHEREAS, the primary purpose of the HOME program pursuant to the HOME
Investment Partnerships Act at Title 11 of the Cranston Gonzales National Affordable Housing
Act of 1990, as amended, 42 U.S.C. 12701 et seq. and the HOME Investment Partnerships
Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME Regulations" or
"Regulations") is to benefit low-income citizens by providing them with affordable housing;
WHEREAS, a portion ofCity�s HOME funds are reserved for the use of certain housing
development entities that qualify under the HOME Regulations as a Community Housing
Development Organization or CHDO;
WHEREAS, Developer is a Texas non-profit corporation managed by a volunteer Board
of Directors working to increase the number of quality, accessible, and affordable ownership
housing units available to low and moderate income individuals and families and has fulfilled the
requirements of the HOME Program to be a CHDO;
WHEREAS, City has certified that Developer is a Community Housing Development
Organization;
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WHEREAS, Developer requested HOME CHDO funds for an eligible project under the
HOME Regulations whereby Developer will construct a single family house located at 361.6
Eagle Nest Street, Fort Worth, TX 761.06 for sale to a low- to moderate-income homebuyer;
WHEREAS, City citizens and the City Council have determined that the development of
quality, accessible, affordable housing is needed for moderate-, low-, and very low-income City
citizens;
NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to the
terms and conditions hereinafter stated, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Developer hereby agree that the recitals set forth above are true and correct and
form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the following terms shall have
the definitions ascribed to them as follows:
Affordable House means a house purchased by a HOME Eligible Buyer for which the monthly
payment of principal, interest, property taxes, and hazard insurance is not more than 30% or less
than 20% of the homebuyer's monthly gross income. In the case of new house construction, the
percentage of the homebuyer's monthly gross income shall not exceed 32%.
Act means the HOME Investment Partnerships Act at Title 11 of the Cranston Gonzales National
Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 el seq.
Affordability Period means the period of time that a house purchased or constructed with
HOME funds must remain affordable and subject to recapture provisions in 24 CFR Part 92.254
of the HOME Regulations.
The Affordability Period for the house constructed under this Contract is 5 years unless
otherwise required as set forth in Section 7.3.2. The Affordability Period begins on the
date the project status is changed to "complete" in IDIS.
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as determined annually by HUD.
Business Diversity Enterprise Ordinance or BDE means City's Business Diversity Ordinance,
Ordinance No. 20020-12-2011.
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Complete Documentation means the following documentation as applicable.
• Attachments i and 11, with supporting documentation as follows:
o Proof of expense: copies of timesheets, invoices, leases, service contracts
or other documentation showing that payment is due by Developer.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Developer were actually
paid by Developer.
■ Other documentation: (i) final lien releases signed by the general contractor or
subcontractors, if applicable; (ii) copies of all City permits and City-issued "pass"
inspections for such work; (iii) documentation showing compliance with BDE or
DBE bidding process for procurement or Contract activities, if applicable; (iv)
proof of contractor, subcontractor or vendor eligibility as described in Section 6.6;
and (v) any other documents or records reasonably necessary to verify costs spent
for the house.
• Complete Documentation shall meet the standards described in the attached
Exhibit "J"- Standards for Complete Documentation.
Community Housing Development Organization or CHDO means, as defined in 24 CFR 92.2
as amended from time to time, a private non-profit organization, that:
(1) Is organized under State or local laws;
(2) Has no part of its net earnings inuring to the benefit of any member, founder,
contributor, or individual;
(3) Is neither controlled by, nor under the direction of, individuals or entities seeking to
derive profit or gain from the organization. A CHDO may be sponsored or created by
a for-profit entity, but:
(i) The for-profit entity may not be an entity whose primary purpose is the
development or management of housing, such as a builder, developer, or real
estate management firm;
(ii) The for-profit entity may not have the right to appoint more than one-third of
the membership of the organization's governing body, and board members
appointed by the for-profit entity may not appoint the remaining two-thirds of
the board members; and
(iii) The CHDO must be free to contract for goods and services from vendors of
its own choosing; and
(iv)The officers and employees of the for-profit entity may not be officers or
employees of the CHDO.
(4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c)
(3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)-1), is classified
as a subordinate of a central organization non-profit under section 905 of the Internal
Revenue Code of 1986, or if the private nonprofit organization is an wholly owned
entity that is disregarded as an entity separate from its owner for tax purposes (e.g., a
single member limited liability company that is wholly owned by an organization that
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qualifies as tax-exempt), the owner organization has a tax exemption ruling from the
Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code
of 1986 and meets the definition of a CHDO;
(5) Is not a governmental entity (including the participating jurisdiction, other
jurisdiction, Indian tribe, public housing authority, Indian housing authority, housing
finance agency, or redevelopment authority) and is not controlled by a governmental
entity. An organization that is created by a governmental entity may qualify as a
CHDO; however, the governmental entity may not have the right to appoint more
than one-third of the membership of the organization's governing body and no more
than one-third of the board members may be public officials or employees of the
governmental entity. Board members appointed by a governmental entity may not
appoint the remaining two-thirds of the board members. The officers or employees of
a governmental entity may not be officers or employees of a CHDO;
(6) Has standards of financial accountability that conform to 24 CFR 84.21 "Standards
for Financial Management Systems";
(7) Has among its purposes the provision of decent housing that is affordable to low-
income and moderate-income persons, as evidenced in its charter, articles of
incorporation, resolutions, or by laws;
(8) Maintains accountability to low-income community residents by:
(i) Maintaining at least one-third of its governing board's membership for
residents of low-income neighborhoods, other low-income community
residents, or elected representative of low-income neighborhood
organizations. For urban areas, "community" may be a neighborhood or
neighborhoods, city, county or metropolitan area; for rural areas, it may be a
neighborhood or neighborhoods, town, village, county, or multi-county area
(but not the entire State); and
(ii) Providing a formal process for low-income-program beneficiaries to advise
the organization in its decisions regarding the design, siting, development, and
management of affordable housing;
(9) Has a demonstrated capacity for carrying out activities assisted with HOME funds. A
designated organization undertaking development activities as a developer or sponsor
must satisfy this requirement by having paid employees with housing development
experience who will work on projects assisted with HOME funds. For its first year of
funding as a CHDO, an organization may satisfy this requirement through a contract
with a consultant who has housing development experience to train appropriate key
staff of the organization. An organization that will own housing must demonstrate
capacity to act as owner of a project and meet the requirements of§ 92.300(a)(2). A
nonprofit organization does not meet the test of demonstrated capacity based on any
person who is a volunteer or whose services are donated by another organization; and
(10) Has a history of serving the community within which housing to be assisted with
HOME funds is to be located. In general, an organization must be able to show one
year of serving the community before HOME funds are reserved for the organization.
However, a newly created organization formed by local churches, service
organizations or neighborhood organizations may meet this requirement by
demonstrating that its parent organization has at least a year of serving the
community.
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Completion means the substantial completion of the house as evidenced by a Neighborhood
Services Department Minimal Acceptable Standard Inspection Report, HUD Compliance
Inspection Report, and any other applicable final inspection approval from City.
Completion Deadline means January 1, 2017.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
1)ced of Trust means any deed of trust from Developer in favor of City covering the Property
and securing the indebtedness evidenced therein and Developer's performance of the
requirements of this Contract and the of the HOME Regulations, as the same may be extended,
amended, restated, supplemented or otherwise modified. The fora of the Deed of Trust is
attached as part of Exhibit "E"—Loan Documents.
Developer Fee means 10% of the total HOME eligible development costs actually spent for the
Required Improvements to be paid to Developer.
Director means the Director of City's Neighborhood Services Department.
Effective Date means September 25, 2014.
HAP or HAP Program means City's Homebuyer Assistance Program which provides
subordinate forgivable deferred payment loans with HOME funds for closing cost and/or down
payment assistance to eligible homebuyers under the HAP Guidelines_
HAP Guidelines means any rules, regulations, guidelines and requirements by City or HUD that
a homebuyer must meet in order to (i) qualify for HAP down payment and/or closing cost
assistance, and (ii) fulfill the homebuyer's obligations under the HOME Program during the
Affordability Period.
HAP Loan means the subordinate purchase money loan from City under its HAP Program to a
HOME Eligible Buyer in the minimum amount of$1,000.00
HAP Loan Documents means the HOME Written Agreement between City and the HOME
Eligible Buyer, the promissory note in favor of City in the amount of the HAP assistance and the
deed of trust securing the HAP Loan, as well as any other instruments evidencing, securing or
guaranteeing the HAP Loan, as the same may be extended, amended, restated, supplemented or
otherwise modified.
HOME means the HOME Investment Partnerships Program.
HOME Eligible Buyer means a homebuyer, whether one or more, (i) whose annual income
adjusted for family size does not exceed 80% of AMI, and (ii) who meets HAP Guidelines and
qualifies for and receives a minimum of $1,000.00 of down payment and/or closing cost
assistance in the form of a HAP loan.
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HOME Funds means the HOME Program grant funds supplied by City to Developer under the
terms of this Contract not to exceed $179,850.00, which includes the costs set forth in Exhibit
"B"--Budget and the Developer Fee.
HOME Regulations means the HOME Investment Partnerships Program Final Rule found at 24
CFR Part 92 et seq.
HOME Requirements means that the house constructed with the HOME Funds must be sold by
Developer to a HOME Eligible Buyer who has received a minimum HAP Loan of$1,000.00 and
who will occupy the house as his or her Principal Residence throughout the Affordability Period
in accordance with the HAP Loan Documents and HAP Guidelines.
HUD means the United States Department of Housing and Urban Development.
IDIS means HUD's Integrated Disbursement Information System.
Loan means the HOME Funds provided to Developer by City in the form of a forgivable
deferred payment loan under the terms of this Contract as more particularly described in the
Loan Documents.
Loan Documents means security instruments including without limitation, City's Promissory
Note and Deed of Trust, or any other similar security instruments evidencing, securing or
guaranteeing City's interest in the Required Improvements constructed by Developer in
accordance with the terms of this Contract as the same may from time to time be extended,
amended, restated, supplemented or otherwise modified.
Neighborhood Services Department means City's Neighborhood Services Department created
on February 17, 2015 in Ordinance No. 21651-02-2015-
Plans means the elevations and site plans related to the Required Improvements prepared by
Developer's architect which have been delivered to and then reviewed and approved by City on
or before the Effective Date, and any and all amendments thereto approved by City. The
elevations for the house are attached as Exhibit"A-1"—Final Elevations.
Principal Residence means the house purchased from Developer by a HOME Eligible Buyer
who will occupy it continuously throughout the Affordability Period in accordance with the HAP
Guidelines and the HAP Loan Documents.
Promissory Note means any note in the amount of the HOME Funds executed by Developer
payable to the order of City, as the same may be extended, amended, restated, supplemented or
otherwise modified. The form of the Promissory Note is attached as Exhibit "E" — Loan
Documents.
Property means the lot or lots on which the Required Improvements shall be constructed as
more particularly described in and encumbered by the Deed of Trust.
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Required Improvements or the house means all the improvements for a single family house to
be constructed on the Property, together with all fixtures, improvements and appurtenances now
or later to be located on the Property and/or in such improvements. The house will be commonly
known as 3616 Eagle Nest Street, Fort Worth, TX 76106. The Required Improvements are
part of an infill housing development project known as the Hardy Street Single Fancily Infill
Development in which Developer will construct and sell single family houses in the Diamond
Hill-Jarvis neighborhood to HOME Eligible Buyers (the"project").
Reimbursement Request means all reports and other documentation described in Section 10-
Sales Proceeds means the funds resulting from the sale of the house to a HOME Eligible Buyer
and consisting of the sales price of the house less (i) any construction loan repayment (other than
the HOME Funds) and (ii) any common and customary seller's closing costs approved by City
shown on the HUD- 1 Settlement Statement, or as otherwise defined in the HOME Regulations.
3. TERM AND EXTENSION
3.1 Term.
The term of this Contract begins on the Effective Date and terminates in 5 years unless
earlier terminated as provided in this Contract.
3.1.1 Extension of Contract.
This Contract may be extended for I year upon Developer submitting a request for an
extension in writing at least 64 calendar days before the end of the Contract term. The request
for extension shall include the reasons for the extension and Developer's anticipated budget,
construction schedule and goals for the extended term. It is specifically understood and agreed
that it is in City's sole discretion whether to approve or deny Developer's request for an
additional term. Any such extension shall be in the form of an amendment to this Contract
executed by the Parties.
3.2 Term of Loan.
The term of the Loan commences on the date of the Promissory Note and terminates in 5
years so long as the terms and conditions of this Contract and the Loan Documents have been
met.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide HOME Funds.
City shall provide up to $163,500.00 of 14OME1 Funds in the form of the Loan for eligible
expenses for the development of the house under the terms and conditions described herein.
4.2 City Will Monitor.
City will monitor the activities and performance of Developer and any of its contractors,
subcontractors or vendors annually as required by 24 CFR Part 92.544.
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S. I]F.VELOPER OBLIGATIONS.
5.1 Construction of Required Improvements.
Developer shall complete the construction of the Required Improvements as described in
Exhibit "A" — Project Summary and Scope of Work in accordance with the Plans, the
schedule in Exhibit "C" — Construction and Reimbursement Schedule, and the terms and
conditions of this Contract.
5.I.I Written Cost Estimates, Constructions Contracts and Construction
Documents.
Developer shall submit to City the construction contracts and construction documents to
show the work to be undertaken for the Required Improvements in sufficient detail that City can
perform all required inspections in accordance with 24 CFR fart 92.251 (a)(2)(iv). City shall
review written cost estimates for the construction of the Required Improvements to determine
that such costs are reasonable. In the event City, in its sole discretion, determines that such costs
are unreasonable, Developer shall revise said costs estimates to City's satisfaction.
5.2 Use of HOME Funds.
5.2.1 Sale of Required Improvements to a HOME Eligible Buyer.
Developer shall sell the house to HOME Eligible Buyers under the terms and conditions
of this Contract.
5.2.2 Costs in Compliance with HOME Rep_ul_ations and Contract.
Developer shall be reimbursed for eligible costs for the Required Improvements with
HOME Funds only if City determines in its sole discretion that:
5.2.2.1 Costs are eligible expenditures in accordance with the HOME
Regulations.
5.2.2.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.2.3 Complete Documentation, as applicable, is submitted by Developer.
5.2.3 Budizet.
Developer agrees that the HOME Funds will be paid on a reimbursement basis in
accordance with Exhibit "B"—Budget and Exhibit "C" — Construction and Reimbursement
Schedule. Developer may increase or decrease line-item amounts in the Budget with the
Director's prior written approval, which approval shall be in the Director's sole discretion. Any
such increase or decrease in line items in the Budget shall comply with Section 5.2.2, Exhibit
"A"—Project Summary and Scope of Work, and shall not increase the total amount of HOME
Funds_
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5.2.4 Change in Budget.
5.2.4.1 Developer will notify City promptly of any additional funds it receives
for construction of the Required Improvements, and City reserves the
right to amend this Contract in such instances to ensure compliance
with HUD regulations governing cost allocation.
5.2.4.2 Developer agrees to utilize the HOME Funds to supplement rather
than supplant funds otherwise available for the house.
5.3 Payment of HOME Funds to Developer.
HOME Funds will be disbursed to Developer upon City's approval of Developer's
written and signed Reimbursement Requests, including submission of Complete Documentation
to City in compliance with Section 10. It is expressly agreed by the Parties that any HOME
Funds not reimbursed to Developer shall remain with City.
5.4 Identify Expenses Paid with HOME Funds.
Developer will keep accounts and records in such a manner that City may readily identify
and account for expenses reimbursed with HOME funds. These records shall be made available
to City for audit purposes and shall be retained as required hereunder.
5.5 Acknowledgement of City Payment of HOME Funds.
Within 94 calendar days after the sale of the house, Developer shall sign an
acknowledgement that City has paid all HOME Funds due under this Contract, or shall deliver a
document executed by an officer of Developer identifying all or any portion of the HOME Funds
that City has not paid to Developer. Once City has met all of its obligations for payment of
HOME Funds hereunder, an officer of Developer shall sign an acknowledgement of same.
5.6 Security for City's Interest.
To secure City's interest in the Required Improvements and the performance of
Developer's obligations hereunder, Developer shall execute the Loan Documents and record the
Deed of Trust at the earlier of(i) the acquisition of the Property, or (ii) before any construction
materials are delivered to the Property or any work is commenced on the Required
Improvements. No HOME Funds will be paid or reimbursed until the Loan Documents are
executed and the Deed of Trust is recorded. City will release the Deed of Trust upon the closing
of the sale of the house to a HOME Eligible Buyer.
5.6.1 Loan Terms and Conditions.
Developer will be required to:
5.6.1.1 Execute the Promissory Note and Deed of Trust along with any other
Loan Documents required by City.
5.6.1.2 Provide City with a Mortgagee's or Lender's policy of title insurance
in the amount of the Loan.
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5.6.1.3 Pay all costs associated with closing the Loan.
5.6.1.4 Provide City with a copy of an estimated settlement statement from the
title company at least 1 business day before closing of the Loan.
5.6.1.5 Ensure City's lien is in first lien position unless otherwise approved in
writing by City. In addition, City must approve in writing any secured
financing for the Required Improvements that is to be subordinate to
the Loan.
5.6.1.6 The term of the Loan shall be as specified in Section 3.3.
5.6.1.7 No interest shall accrue on the Loan provided that Developer complies
with the terms and conditions of the Promissory Note.
5.6.1.8 The Loan is a forgivable deferred payment loan. The Loan will be
forgiven provided that (i) the house is sold to a HOME Eligible Buyer
in accordance with the HOME Requirements, (ii) City receives the
Sales Proceeds, and (iii) Developer is not otherwise in default of the
Loan terms or Contract provisions.
5.6.1.9 Early repayment of the Loan shall not relieve Developer of its
obligations under this Contract or the HOME Regulations including
but not limited to the HOME Requirements. The Deed of Trust shall
secure both repayment of the HOME Funds, if required, and
performance by Developer of its obligations under this Contract.
5.6.1.10 Refinancing of the Loan or any approved subordinate financing by
Developer shall require City's prior written approval for the purpose of
ensuring compliance with the HOME Requirements, which approval
shall not be unreasonably conditioned or withheld.
5.6.1.11 Failure by Developer to comply with. this Section. 5.6.1 will be an
event of default under this Contract and the Loan Documents.
5.7 Maintain HOME Requirements.
Developer shall ensure that the house is sold to a HOME Eligible Buyer as required by
this Contract and the HOME Regulations. Developer must notify City in writing if Developer
has not entered into a binding sales contract for the house with a HOME Eligible Buyer within 6
months of Completion. Such notice must be given within 14 calendar days of the 6 month
deadline and Developer shall have 7 calendar days from the date of the notice to submit a
detailed plan describing how the house will be sold to a HOME Eligible Buyer within 9 months
of Completion. If Developer has not sold the house within 9 months of Completion, then the
default provisions of Section 11.3 of this Contract shall apply.
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5.8 HOME Reg uirements Survive Transfer.
Any sale or transfer of the Property by Developer during the Contract term, other than a
sale of the house to a HOME Eligible Buyer or a transfer due to condemnation or to obtain utility
services, may at City's sole discretion require the repayment of the HOME Funds. At a
minimum, any such sale or transfer will require the new owner or transferee to assume in writing
the HOME Requirements as well as all of Developer's other obligations under this Contract.
Failure of the new owner or transferee to promptly assume all of Developer's obligations under
this Contract and the Loan Documents will result in immediate termination of this Contract and
any HOME Funds already paid to Developer must be repaid to City within 30 days of such
termination. In addition, City may pursue any of its remedies under the Loan Documents if the
new owner or transferee fails to assume all of Developer's obligations hereunder.
5.9 CHDO Certification.
5.9.1. CHDO Requirements Met.
By the execution of this Contract, Developer represents that it meets the requirements for
designation as a CHDO set forth in 24 CFR Part 92.2.
5.9.2 Status Reports.
Developer has a continuing duty to provide City with all documentation or information in
regard to any change in its status as a CHDO or as a 501(c)(3) tax exempt entity within 10
business days of said change_ Developer shall provide an annual board roster and proof of its
continued status as a CHDO to City by January 30`h of each year. CHDO shall replace any
board member who resigns or is otherwise no longer able to serve within 3 months of the
vacancy. The failure of Developer to maintain its status as a CHDO and a 501(c)(3) tax exempt
entity shall result in termination of this Contract and return of all HOME Funds to City if CHDO
is unable to cure any violations of this Section within 30 calendar days of written notice from
City.
6.1 Construction Schedule.
Developer will construct the Required Improvements in accordance with the schedule set
forth in the attached Exhibit "C" — Construction and Reimbursement Schedule. Developer
shall not begin construction until City sends a Notice to Proceed. Developer's failure to meet
the Construction Schedule or the Completion Deadline shall be an event of default. Developer
may not change the Construction Schedule without the Director's prior written approval, which
approval shall be in the Director's sole discretion.
6.1.1 Construction Inspections.
City shall conduct progress and final inspections of the construction of the house to
ensure that work is done in accordance with applicable codes, Developer's construction contract
and the construction documents in accordance with 24 CFR Part 92.251 (a)(2)(v). The
construction of the house must pass a Neighborhood Services Department Minimal Acceptable
Standard Inspection report, a HUD Compliance Inspection Report and any other applicable
HUD-required inspections during the construction period, along with any applicable final
inspection approval from City at the completion of the construction of the house.
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6.2 Applicable Laws Buildina Codes and Ordinances.
The Plans and construction for the house shall (i) conform to all applicable Federal, State,
City and other local laws, ordinances, codes, rules and regulations, including the HOME
Regulations; (ii) meet all City building codes; (iii) meet the Energy Conservation requirements
as required by the State of Texas in Chapter I I of the International Residential Code; (iv) if new
construction, must conform to the Model Energy Code published by the Council of American
Building Officials.
6.3 Proper Standards During Construction.
If applicable, Developer shall comply with the following during the construction of the
house: (i) the Uniform Physical Condition Standards ("UPCS") contained in 24 CFR 5.703 and
(ii) City property standards.
6.4 Lead-Based Paint Requirements.
If applicable, Developer will comply with all Federal lead-based paint requirements
including lead screening in housing built prior to 1978 in accordance with 24 CFR Part 92.355
and 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation, Repair and
Painting Program Final Rule, 40 CFR Part 745 in the construction and/or rehabilitation of the
Required Improvements.
6.5 Approval of Plans by City Not release of Responsibility.
Approval of the Plans by City shall not constitute or be deemed (i) to be a release of the
responsibility or liability of Developer or any of its architects, contractors or subcontractors, or
their respective officers, agents, employees and lower tier subcontractors, for the accuracy or the
competency of the Plans, including, but not limited to, any related investigations, surveys,
designs, working drawings and specifications or other documents; or (ii) an assumption of any
responsibility or liability by City for any negligent act, error or omission in the conduct or
preparation of any tests, investigations, surveys, designs, working drawings and specifications or
other documents by Developer or any of its architects, contractors or subcontractors, and their
respective officers, agents, employees and lower tier subcontractors.
6.6 Contractor, Vendor and Subcontractor Requirements.
Developer will use commercially reasonable efforts to ensure that all contractors or
vendors utilized by Developer, or subcontractors utilized by Developer's general contractor, are
appropriately licensed and such licenses are maintained throughout the construction of the house.
For purposes of this Contract, the term "vendors" shall include real estate brokers, other real
estate marketing professionals, title companies, as well as surveyors and appraisers if Developer
pays for the survey or the appraisal. The term "vendors" does not include suppliers and
materialmen. Developer shall ensure that all subcontractors or vendors utilized by Developer or
subcontractors utilized by Developer's general contractor in the construction of the house, or
vendors utilized by Developer in the marketing or sale of the house are not debarred or
suspended from performing the contractor's, subcontractor's or vendor's work by City, the State
of Texas or the Federal government. Developer acknowledges that 24 CFR Part 85.35 forbids
Developer from hiring or continuing to employ any contractor, subcontractor or vendor
that is listed on the Federal Excluded Parties List System for Award Management,
www.sam.gov ("SAM"). Developer must confirm by search of SAM that all contractors,
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subcontractors or vendors are not listed by SAM as being debarred, both prior to hiring and
prior to submitting a Reimbursement Request which includes invoices from any such
contractor, subcontractor, or vendor. Failure to submit such proofs of search shall be an
event of default. In the event that City determines that any contractor, subcontractor or vendor
has been debarred, suspended, or is not properly licensed, Developer or Developer's general
contractor shall immediately cause such contractor, subcontractor or vendor to stop work on the
house and Developer shall not be reimbursed for any work performed by such contractor,
subcontractor or vendor. However, this Section shall not be construed to be an assumption of
any responsibility or liability by City for the determination of the legitimacy, quality, ability, or
good standing of any contractor, subcontractor or vendor. Developer acknowledges that the
provisions of this Section pertaining to the SAM shall survive the termination of this
Contract and he applicable for so long as Developer owns the house which was constructed
in whole or in part with the HOME Funds.
7. SALE OF REQUIRED IMPROVEMENTS TO HOME ELIGIBLE BUYER.
7.1 Income Eligibility.
Homebuyer eligibility will be determined using the definition of annual income in 24
CFR 5.609.
7.2 Sales Price of Required Improvements; Market Anal sis.
The sales price of each house shall not exceed 95% of the median purchase price for the
area as set by HUD in accordance with 24 CFR 92.254. The sales price of the house shall be
established by a market analysis obtained by Developer and furnished by Developer to City
within 30 calendar days of Developer applying for building permits from City. The sales price
established by the market analysis shall only be valid for 9 months from the date of the market
analysis. If Developer has not sold the house to a HOME Eligible Buyer within the 9 month
period during which the market analysis is valid, a new market analysis must be performed to
establish the sales price of the house. City in its sole discretion may extend this 9 month period
for up to 60 days if Developer has entered into a binding sales contract for the house before the
end of the 9 month period and needs the extension to close the sale of the house.
7.3 HOME Eligible Buyer.
All purchasers of the house must be HOME Eligible Buyers. Developer must verify that
a prospective purchaser is a HOME Eligible Buyer and must timely supply City with all
information necessary to prove eligibility for the HAP Loan. Any attempted sale of a house to
a purchaser who is not a HOME Eligible Buyer shall be an event of default and shall result
in automatic termination of this Contract. HOME Eligible Buyers must complete a
homeownership training and counseling program prior to closing their purchase of the house
from Developer. This requirement shall be evidenced by a completion certificate from a HUD-
certified housing counseling agency provided to City. Failure to provide a copy of such
certificate shall be an event of default.
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7.3.1 HAP Participation.
All prospective purchasers of a house must apply and qualify for a HAP loan of at least
S1,000.00 of down payment and/or closing cost assistance at least 30 calendar Clays prior to
closing of the sale of the house. Eligibility for a HAP Loan shall be determined by City in its
sole discretion using the HAP Guidelines. City shall enter into a HOME Written Agreement
with the prospective purchaser as part of the HAP Loan. If requested by City, Developer shall
use its best efforts to timely provide City with all documents necessary for City to process the
HAP Loan application, including verification of homebuyer income eligibility.
7.3.2 Other HOME Assistance.
HOME Regulations require that the amount of HOME investment that is subject to
recapture is based on the amount of HOME assistance that enabled the homebuyer to buy the
dwelling unit. The sales price of the house will be determined by a market analysis performed
by Developer in accordance with Section 7.2. In the event that the price of the house is reduced
below the sales price set by the market analysis or a lender's appraisal, whichever is lower, and
the amount of the reduction in the sales price plus the amount of the HAP Loan exceeds
$15,000.00, then the Affordability Period will be 10 years. If the amount of the reduction in the
sales price plus the amount of the HAP Loan exceeds $40,000.00, then the Affordability Period
will be 15 years.
7.3.2.1 If required, the additional Affordability Period will be more
particularly described in the HOME Written Agreement and evidenced
by a note to City in the amount of the other HOME Assistance
described in this subsection and secured by a deed of trust in favor of
City. The loan will be a subordinate forgivable deferred payment loan
for the term of the additional required Affordability Period.
7.3.2.2 Developer shall notify City, and if necessary, the prospective
homebuyer and the prospective homebuyer's first lien mortgage
company within 5 business days of determining that the sales price of
the house will require an additional Affordability Period.
7.4 Sales Contract.
Developer shall provide City with a copy of a proposed sales contract for the house for
City approval prior to execution by Developer. City will review and approve the sales contract
or request changes within 1 business day. The sales contract must contain the following
provision.
7.4.1 "The Property was constructed with Federal funds which require that the
Buyer occupy it as Buyer's principal residence for up to 15 years. To assure performance
of this Federal requirement, Buyer must apply for and obtain a subordinate loan of at least
$1,000.00 from the City of Fort Worth's Homebuyer Assistance Program for closing cost
and/or down payment assistance. City's loan will be secured with a Deed of Trust which
will remain on the Property for a minimum of 5 years. If Buyer occupies the Property as
Buyer's principal residence for the full affordability period based on the amount of direct
assistance calculated in accordance with Federal requirements, City will forgive its loan. if
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Buyer does not meet the Federal requirements for City's loan, Seiler shall terminate the
contract by giving notice to Buyer and the Earnest Money will be refunded to Buyer."
7.5 Develo er to Provide Settlement Statement.
Developer shall provide City the estimated HUD-1 Settlement Statement at least 5
business days prior to the closing of the sale of the house to a HOME Eligible Buyer. The HUD-
1 shall show any homebuyer subsidies, the HAP Loan, any loan for the other HOME Assistance
and the Sales Proceeds to be returned to City. Developer shall not close the sale of a house
without receiving City's written approval of the final HUD-1. Written approval from City to the
title company closing the sale of the house shall be deemed written approval of the final HUD-1
for purposes of this Section.
7.6 Deadline for Sale of Re uired Improvements.
The house must be sold to a HOME Eligible Buyer within 9 months of Completion.
Developer shall submit monthly status reports to City regarding the sale of each house beginning
with the first month after Completion and continuing until the house is sold.
7.7 Marketing
7.7.1. Affirmative Marketing.
Developer must adopt affirmative marketing procedures and requirements for the
Required Improvements consistent with City policies and procedures. The procedures and
requirements must include methods for informing the public, owners and potential homebuyers
about fair housing laws and policies so as to ensure that all individuals, without regard for sex,
age, race, color, creed, nationality, national origin, religion, handicap status, disability, familial
status, sexual orientation, gentler identity, gender expression or transgender, are given an equal
opportunity to participate in the project. Affirmative marketing procedures and requirements
must include the following as required by 24 CFR Part 92.351:
7.7.1.1 Methods for informing the public, owners, and potential purchasers
about Federal fair housing laws and City's affirmative marketing
policy
7.7.1.2 Requirements and practices Developer must adhere to in order to carry
out City's affirmative marketing procedures and requirements
7.7.1.3 Procedures to be used by Developer to inform and solicit potential
purchasers of the houses constructed as part of the project in the
housing market area who are not likely to seek to purchase a house
without special outreach;
7.7.1.4 Records that will be kept describing actions taken by Developer to
affin-natively market the program and houses constructed as part of the
project and records to assess the results of these actions; and
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7.7.1.5 A description of how Developer will annually assess the success of
affirmative marketing actions and what corrective actions will be taken
where affirmative marketing requirements are not met.
7.7.2. City Approval,
All Developer marketing procedures related to the house and the project, including but
not limited to the affirmative marketing described in Section 7.7.1, are subject to approval by
City. Developer shall submit all marketing plans for City approval no later than 30 calendar
days after the Effective Date.
7.7.3 Effective Marketing.
Developer will be solely responsible for the effective marketing responsibilities necessary
to achieve the HOME Requirements. Documentation supporting these efforts shall be submitted
to City upon request and shall include, but not be limited to, brochures, sign-in sheets for open
houses, listings, and advertisements for the house and the project.
7.8 Developer Fee.
Developer shall be paid the Developer Fee as more particularly described in Exhibit "C"
— Construction and Reimbursement Schedule upon the closing of the sale of the house to a
HOME Eligible Buyer so long as City has received copies of all of the inspections set forth in
Section 6.1.1. City shall pay Developer Fee at City's sole option (i) outside of closing upon
receipt from Developer of an invoice including Complete Documentation showing the total
amount of HOME Funds actually spent to develop the Required Improvements, or(ii) at closing.
City, in its sole discretion, may elect to pay a portion of the Developer Fee before closing. If
City so elects, such early partial payment shall be more particularly described in Exhibit "S" —
Budget and Exhibit"C"—Construction and Reimbursement Schedule.
7.9 Sales Proceeds.
All Sales Proceeds shall be returned to City.
8. ADDITIONAL HOME REQUIREMENTS.
Developer agrees to comply with all requirements of the HOME Program as stated in the
HOME Regulations, including, but not limited to the following:
8.1 Environmental Review.
HOME Funds will not be paid and costs may not be incurred until City has conducted an
environmental review and completed an Environmental Review Record as required by 24 CFR
Part 58. The environmental review may result in a decision to proceed with, modify, or cancel
the project_ Further, Developer will not undertake or commit any funds to physical or choice
limiting actions, including if applicable, property acquisition, demolition, movement,
rehabilitation, conversion, repair or construction prior to the environmental clearance. Any
violation of this Section will (i) cause this Contract to terminate immediately, and (ii)
require Developer to repay to City any HOME Funds received and forfeit any future
payments of HOME Funds.
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8.1.2 Mitilzation.
Developer must take the mitigation actions outlined in Exhibit "A-2"—Environmental
Mitigation Action. Failure to complete the required mitigation action is an event of default
under this Contract.
8.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of HOME Funds, and that such commitment or
approval may occur only upon satisfactory completion of environmental review and receipt by
City of an authorization to use grant funds from HUD under 24 CFR Part 58.
8.3. Monitoring.
8.3.1 Developer understands and agrees that it will be subject to monitoring by City for
compliance with the HOME Regulations, the terms of this Contract and the Loan Documents
until the project is closed in IDIS and for 5 years thereafter. Developer will provide reports and
access to project files as requested by City during the term of the Contract and for 5 years after
the project is closed in IDIS. In order to assist City with its monitoring, Developer shall comply
with all the reporting requirements set out in this Contract.
8.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United
States Comptroller General shall have access during regular business hours, upon 48 hours' prior
notice, to Developer's offices and records that are related to the use of the HOME Funds, and to
Developer's officers, agents, and records that are related to the use of the HOME Funds, and to
Developer's officers agents, employees, contractors, subcontractors and vendors for the purpose
of such monitoring.
8.3.3 In addition to other provisions of this Contract regarding frequency of monitoring,
City reserves the right to perform desk reviews or on-site monitoring of Developer's compliance
with the terms and conditions of this Contract and the Loan. City shall provide Developer with a
written report of the monitor's findings after each monitoring visit. If the monitoring report
notes deficiencies in Developer's performance, the report shall include requirements for the
timely correction of said deficiencies by Developer. Failure by Developer to take the action
specified in the monitoring report may be cause for suspension or termination of this Contract as
provided herein or City may take all actions allowed in the Loan Documents.
8.3.4 This Section 8.3 shall be applicable for the duration of the Contract term and
for 5 years thereafter and shall survive the earlier termination or expiration of this
Contract.
8.4 Compliance with the Uniform Relocation Act.
If applicable, Developer shall comply with the relocation requirements of 24 CFR Part
92.353 and all other applicable Federal and State laws and City ordinances and requirements
pertaining to relocation.
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8.5 Compliance with Davis-Bacon Act.
If applicable, Developer and its general contractor and all lower tier subcontractors will
comply with the Davis-Bacon Act as described in Section 14.14 and Exhibit "H"—Federal
Labor Standards Provisions - Davis-Bacon Requirements-.
8.6 Developer Procurement Standards.
Developer shall ensure that procurement of materials and services is done in a cost
effective manner. Developer shall comply with all applicable Federal, State and local laws,
regulations, and ordinances for making procurements under this Contract.
8.7 Copyright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this Contract
shall be the subject of an application for copyright by or on behalf of Developer. HUD and City
shall possess all rights to invention or discovery, as well as rights in data which may arise as a
result of Developer's performance under this Contract.
8.8 Terms Annlicable to Contractors, Subcontractors and Vendors.
Developer understands and agrees that all terms of this Contract, whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of Developer which
are in any way paid with HOME Funds or who perform any work in connection with the
construction or sale of the house. Developer shall cause all applicable provisions of this Contract
to be included in and made a part of any contract or subcontract executed in the performance of
its obligations hereunder, including its obligations regarding the HOME Requirements and the
HOME Regulations. Developer shall monitor the services and work performed by its
contractors, subcontractors and vendors on a regular basis for compliance with the HOME
Requirements, the HOME Regulations and Contract provisions. Developer is responsible to cure
all violations of the HOME Regulations committed by its contractors, subcontractors or vendors
pertaining to this Contract. City maintains the right to insist on Developer's full compliance with
the terms of this Contract and the HOME Regulations and Developer is responsible for such
compliance regardless of whether actions to fulfill the requirements of this Contract or the
HOME Regulations are taken by Developer or by Developer's contractors, subcontractors or
vendors. Developer acknowledges that the provisions of this Section shall survive the
earlier termination or expiration of this Contract and be applicable for 5 years after the
termination of this Contract.
8.9 Payment and Performance Bonds.
Subject to the requirements of 24 CFR 85.36(h), Developer shall famish City with
payment and performance bonds in a form acceptable to City in the amount of the construction
cost for the house but not less than $163,500.00.
9. RECORD KEEPING, REPORTING AND DOCUMENTATION
REQUIREMENTS, RIGHT TO AUDIT.
9.1 Record Keeping.
Developer shall maintain a record keeping system as part of its performance of its
obligation under the terms of this Contract and shall promptly provide City with copies of any
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document City deems necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Developer will keep or cause to be kept an accurate record of all
actions taken and all funds spent, with supporting and back-up documentation. Developer will
maintain all records and documentation related to this Contract for 5 years after the Contract
terminates. If any claim, litigation, or audit is initiated before the expiration of the 5 year period,
the relevant records and documentation must be retained until all such claims, litigation or audits
have been resolved.
9.1.2 Access to Records.
Representatives of City and HUD and any duly authorized officials of the Federal
government will have full access to, and the right to examine, audit, excerpt and/or transcribe
any of Developer's records pertaining to all matters covered by this Contract for 5 years after the
Contract terminates. Such access shall be during regular business hours and upon at least 7
calendar days prior notice.
9.2 Reports
Developer will submit to City all reports and documentation described in this Contract in
such form as City may prescribe. Developer may also be required to submit a final performance
and/or final financial report if required by City at the termination of this Contract and/or the end
of the Loan in such form and within such times as City may prescribe. Failure to submit any
report or documentation described in this Contract to City shall be an event of default of this
Contract and City may exercise all of it remedies for default under this Contract and Loan
Documents.
9.2.1 Additional Information.
Developer shall provide City with additional information as may be required by State or
Federal agencies to substantiate HOME Program activities and/or expenditure eligibility.
9.3 Change in Reporting Reguircments and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
will notify Developer in writing at least 30 calendar days prior to the effective date of such
change, and the Parties shall execute an amendment to this Contract reflecting such change if
necessary.
9.4 City Reserves the Right to Audit.
City reserves the right to perform an audit of Developer's project operations and finances
at any time during the term of this Contract or for 5 years after the Contract terminates, if City
determines that such audit is necessary for City's compliance with the HOME Regulations or
other City policies, and Developer agrees to allow access to all pertinent materials as described
herein. If such audit reveals a questioned practice or expenditure, such questions must be
resolved within 15 business days after notice to Developer of such questioned practice or
expenditure_ If questions are not resolved within this period, City reserves the right to withhold
further funding under this Contract and/or other contracts with Developer. IF AS A RESULT
OF ANY AUDIT IT IS DETERMINED THAT DEVELOPER HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED HOME
FUNDS OR SPENT HOME FUNDS ON ANY INELIGIBLE ACTIVITIES, DEVELOPER
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AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE
AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED
AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
10. REIMBURSEMENT REQUIREMENTS.
Developer shall provide City with Complete Documentation and the following reports as
shown in Exhibit"F"— Reimbursement Forms with each Reimbursement Request:
10.1 Attachment I—Invoice.
This report shall contain the amount requested for reimbursement in the submitted
request, and the cumulative reimbursement requested to date (inclusive of the current request).
This report must be signed by an authorized signatory of Developer. By signing Attachment I,
Developer is certifying that the costs are valid, eligible, and consistent with the terms and
conditions of this Contract, and the data contained in the report is true and correct.
10.2 Attachment II—Expenditure Worksheet.
This report shall itemize each expense requested ,for reimbursement by Developer. In
order ,for this report to be complete the following must be submitted:
10.2.1 Invoices ,for each expense with an explanation as to how the expense pertains
to the house or project, if necessary; and
10.2.2 Proof that each expense was paid by Developer, which can be satisfied by
cancelled checks, wire transfer documentation, paid receipts or other appropriate banking
documentation.
10.3 Deadline for Submitting Reimb u rsemen t-Req nests.
All Reimbursement Requests along with Complete Documentation shall be submitted by
Developer to City within 60 calendar days from each of the deadlines as shown in Exhibit"C"--
Construction and Reimbursement Schedule.
10.3.1 CITY SHALL HAVE NO OBLIGATION TO PAY ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60 CALENDAR
DAYS OF THE DEADLINES SHOWN IN EXHIBIT "C" — CONSTRUCTION AND
REIMBURSEMENT SCHEDULE. In addition, Developer's failure to timely submit
Reimbursement Requests and Complete Documentation along with any required reports
shall be an event of default.
10.3.2 CITY SHALL HAVE NO OBLIGATION TO MAKE PAYMENT ON
ANY REIMBURSEMENT REQUUEST THAT IS NOT RECEIVED WITHIN 30
CALENDAR DAYS OF THE COMPLETION DEADLINE.
10.3.3 Final Payment.
Developer shall not be reimbursed for Final Payment until it submits Exhibit "G" —
HOME Project Compliance Report to City regarding the HOME Eligible Buyer.
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10.4 Withhuldin,r Payment.
10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS
CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED.
10.4.2 FINAL REIMBURSEMENT SHALL NOT BE MADE UNTIL ALL
LIENS ARE RELEASED TO CITY'S SATISFACTION AND THE CLOSING OF THE
SALE OF THE HOUSE TO A HOME ELIGIBLE BUYER. Developer shall furnish City
with a copy of an Affidavit of Completion sworn to by Developer's general contractor that
has been filed by Developer in the Tarrant County Real Property Records in compliance
with the Texas Property Code,Section 53.106 as proof that all subcontractors, laborers and
materialmen have been paid in full for all labor and materials provided to the general
contractor for the house and project.
10.5 Timm of Payment.
Provided that Developer submits Complete Documentation to the Director with respect to
the Required Improvements in conformance with this Contract, City will reimburse Developer
for eligible expenses within 15 calendar days.
11. DEFAULT AND TERMINATION.
11.1 Failure to Begin or Complete the Required Improvements
11.1.1 The Property shall be acquired by Developer within 12 months of the
Effective Date. If Developer fails to begin construction of the house within 12 months of the
acquisition of the Property or, if Developer already owns the Property, the Effective Date, this
Contract shall automatically terminate without further notice or opportunity to cure, and with no
penalty or liability to City.
11.1.2 If City determines that the Required Improvements were not completed by the
Completion Deadline or have failed to pass any of the inspections described in Section 6.1.1,
City shall have the right to terminate this Contract effective immediately upon written notice to
Developer of such intent with no penalty or liability to City after giving Developer 30 calendar
days to cure. City shall also be entitled to demand repayment of the HOME Funds already
disbursed to Developer and enforce any of the provisions of Loan Documents for default.
11.2 Failure to Submit Complete Documentation During Construction.
11.2.1 If Developer fails to submit Complete Documentation during construction of
the Required Improvements in accordance with Exhibit "C" - Construction and
Reimbursement Schedule, or if any report or documentation submitted as part of Complete
Documentation is not in compliance with this Contract or the HOME Regulations as determined
by City in its sole discretion, City will notify Developer in writing and Developer will have 30
calendar days from the date of City's written notice to submit or resubmit any such report or
documentation. If Developer fails to submit or resubmit any such report or documentation
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within such time, City shall have the right to withhold payments. If such failure continues for an
additional 30 calendar days (a total of calendar 60 days), City shall have the right to terminate
this Contract effective immediately upon written notice of such intent to Developer with no
penalty or liability to City. Notwithstanding anything to the contrary herein, City will not be
required to pay any HOME Funds to Developer during the period that any such report or
documentation is missing or otherwise not in compliance with this Contract or the HOME
Regulations.
112.2 If any of Developer's Reimbursement Requests are incomplete or otherwise
not in compliance with this Contract or the HOME Regulations as determined by City in its sole
discretion, City will notify Developer in writing of such default and Developer will have 15
calendar days from the date of the written notice to resubmit any such Reimbursement Request
to cure the default. If Developer fails to cure the default within such time, Developer shall
forfeit any payments otherwise due under such Reimbursement Request. If such failure to
resubmit such Reimbursement Request continues for an additional 15 calendar days (a total of 30
calendar days), City shall have the right to terminate this Contract effective immediately upon
written notice of such intent with no penalty or liability to City. Notwithstanding anything to the
contrary herein, City will not be required to pay any HOME Funds to Developer during the
period that any such Reimbursement Request is not in compliance with this Contract or the
HOME Regulations.
11.2.3 In the event of more than 2 instances of default, cured or uncured, under
Sections 11.2.1 or 11.2.2, City reserves the right at its sole option to terminate this Contract
effective immediately upon written notice of such intent to Developer with no penalty or
liability to City.
11.2.4 Notwithstanding anything to the contrary herein, City will not be required to
pay any HOME Funds to Developer during the period that any Reimbursement Request, report
or other documentation is missing, past due or is not in compliance with this Contract or the
HOME Regulations, or during any period during which Developer is in default of this Contract.
11.2.5 In the event of termination under this Section 11.2, all HOME Funds awarded
but unpaid to Developer pursuant to this Contract shall be immediately forfeited and Developer
shall have no further right to such funds. Any HOME Funds already paid to Developer must be
repaid to City within 30 calendar days of termination under this Section. Failure to repay such
HOME Funds will result in City exercising all legal remedies available to City under this
Contract and the Loan Documents.
11.3 Failure to Sell Required Improvements.
Developer must notify City in writing if Developer fails to sell the house to HOME
Eligible Buyers within 9 months of Completion as described in Section 5.7. Developer must
notify City in writing no later than 8 months after Completion which of the following options
Developer plans to elect if a house will not be sold to a HOME Eligible Buyer within 9 months
of Completion:
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11.3.1 Convert the house to a rental unit as described in 24 CFR Part 92.252.
Developer will be responsible for maintenance and management of the rental house. If
Developer selects this option, City will enter into a separate agreement with Developer setting
forth the HOME requirements applicable for HOME rental units; or
11.3.2 Repay City all HOME Funds provided to Developer under this Contract for
the unsold house within 34 calendar days of notifying City of this option. If Developer selects
this option, this Contract may be terminated at City's sole election.
11.4 Failure to Maintain or Submit Required Ile orfs and Documentation.
If Developer fails to maintain all records and documentation as required in Section 9, or
fails to submit any report or documentation required by this Contract after the Required
Improvements are completed, or if the submitted report or documentation is not in compliance
with this Contract or the HOME Regulations as determined by City in its sole discretion, City
will notify Developer in writing and Developer will have IS calendar days from the date of the
written notice to obtain or recreate the missing records or documentation, or submit or resubmit
any such report or documentation to City. If Developer fails to maintain the required reports or
documentation, or submit or resubmit any such report or documentation within such time, City
shall have the right to terminate this Contract effective immediately upon written notice of such
intent with no penalty or liability to City. In the event of termination under this Section 11.4,
any HOME Funds paid to Developer must be repaid to City within 34 calendar days of
termination. Failure to repay such HOME Funds will result in City exercising all legal
remedies available to City under this Contract and the Loan Ilocuments.
11.5 In General.
11.5.1 Subject to Sections 11.1, 11.2, 11.3 and 11.4, and unless specifically provided
otherwise in this Contract, Developer shall be in default under this Contract if Developer
breaches any term or condition of this Contract. In the event that such a breach remains uncured
after 34 calendar days following written notice by City (or such other notice period as may be
specified herein), or if Developer has diligently and continuously attempted to cure following
receipt of such written notice but reasonably required more than 34 calendar days to cure, as
determined by both Parties mutually and in good faith, City shall have the right to elect, in City's
sole discretion, to (i) extend Developer's time to cure, (ii) terminate this Contract effective
immediately upon written notice of such intent to Developer, or (iii) pursue any other legal
remedies available to City under this Contract or the Loan Documents.
11.5.2 City's remedies may include:
11.5.2.1 Direct Developer to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
11.5.2.2 Direct Developer to establish and follow a management plan that
assigns responsibilities for carrying out the remedial activities.
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11.5.2.3 Cancel or revise activities likely to be affected by the performance
deficiency, before expending HOME Funds for the activities_
11.5.2.4 Reprogram HOME Funds that have not yet been expended from
affected activities to other eligible activities or withhold HOME
Funds.
11.5.2.5 Direct Developer to reimburse City in any amount of HOME
Funds not used in accordance with the HOME Regulations.
11.5.2.6 Suspend reimbursement of HOME Funds for affected activities_
11.5.2.7 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions,termination of this Contract or any other contracts with
Developer, and any other available remedies.
11.5.3 In the event of termination under this Section 11.5, all HOME Funds awarded
but unpaid to Developer pursuant to this Contract shall be immediately rescinded and Developer
shall have no further right to such funds and any HOME Funds already paid to Developer must
be repaid to City within 30 calendar days of termination. Failure to repay such HOME Funds
will result in City exercising all legal remedies available to City under this Contract or the
Loan Documents.
11.5.4 If this Contract terminates prior to the sale of the house to a HOME Eligible
Buyer or to conversion to a lease purchase or rental unit, Developer waives all right to the
Developer Fee.
11.6 No Funds Disbursed while in Breach.
Developer understands and agrees that no HOME Funds will be paid to Developer until
all defaults are cured to the satisfaction of City.
11.7 No Compensation After Date of Termination.
Developer will not receive any HOME Funds for work undertaken after the date of
termination.
11.8 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Developer, or which may thereafter accrue because of such default, and this provision shall be in
addition to any and all other rights and remedies available to City under the law and loan
Documents including, but not limited to, compelling Developer to complete the Required
Improvements in accordance with the terms of the Contract. Such termination does not
terminate any applicable provisions of this Contract that have been expressly noted as surviving
the term or termination of this Contract. No delay or omission by City in exercising any right or
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remedy available to it under this Contract shall impair any such right or remedy or constitute a
waiver or acquiescence in any CHDO default.
11.9 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract or
the Loan Documents shall not operate as a waiver of any subsequent breach of the same or any
other terra, covenant or condition hereof or thereof.
11.10 Civil, Criminal and Administrative Penalties.
Failure to perform all Contract terms may result in civil, criminal or administrative
penalties, including, but not limited to those set out in this Contract.
11.11 Termination for Cause.
11.11.1 City may terminate this Contract in the event of Developer's default, inability,
or failure to perform subject to notice, grace and cure periods. In the event City terminates this
Contract for cause, all HOME Funds awarded but unpaid to Developer pursuant to this Contract
shall be immediately rescinded and Developer shall have no further right to such funds and any
HOME Funds already paid to Developer must be repaid to City within 30 calendar days of
termination. Failure to repay such HOME Funds will result in City exercising all legal remedies
available to City under this Contract or the Loan Documents. DEVELOPER
ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT
FOR CAUSE, NEITHER DEVELOPER NOR ANY AFFILIATES OF DEVELOPER
WILL BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR HOME FUNDS
FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION.
11.11.2 This Contract shall be terminated immediately in the event Developer
loses its CHDO certification or status after the cure period stated in Section 5.9.2.
11.11.3 Developer may terminate this Contract if City does not provide the HOME
Funds substantially in accordance with this Contract.
11.12 Termination for Convenience.
In terminating in accordance with 24 C:.F.R_ 85.44, this Contract may be terminated in
whole or in part only as follows:
11.12.1 By City with the consent of Developer in which case the Parties shall agree
upon the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated, or
11.12.2 By Developer upon at least 30 calendar days' written notice to City setting
forth the reasons for such termination, the effective date, and in the case of partial termination,
the portion to be terminated. In the case of a partial termination, City may terminate this
Contract in its entirety if City determines in its sole discretion that the remaining portion of the
Contract to be performed or HOME Funds to be spent will not accomplish the purposes for
which this Contract was made.
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11.13 Dissolution of Developer Terminates Contract.
This Contract shall terminate in the event Developer is dissolved or ceases to exist. In
the event of termination under this Section, all HOME Funds are subject to repayment and/or
City may exercise all of its remedies under this Contract and the Loan Documents.
11.14 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired by
Developer with the HOME Funds including but not limited to plans, drawings, surveys,
renderings, construction documents and any other real or personal property owned by Developer
that was improved with the HOME Funds shall belong to City and shall automatically transfer to
City or to such assignees as City may designate.
12. REPAYMENT OF HOME FUNDS.
All HOME Funds are subject to repayment in the event the house or the project does not
meet the requirements of this Contract or of the HOME Regulations. If Developer takes any
action that results in City being required to repay all or any portion of the HOME Funds to
HUD, Developer agrees it will reimburse City for such repayment.
13. MATERIAL OWNERSHIP CHANGE.
If ownership of Developer materially changes after the date of this Contract, City may
but is not obligated to, terminate this Contract. City has 30 calendar days to make such
determination after receipt of written notice from Developer and failure to make such
determination will constitute a waiver. In the event of termination by City under this Section 13,
all HOME Funds awarded but not yet paid to Developer pursuant to this Contract shall be
immediately rescinded and Developer shall have no further right to such funds. Any HOME
Funds already paid to Developer must be repaid to City within 30 calendar days of termination
under this Section.
14. GENERAL PROVISIONS
14.1 Developer an Independent_ Contractor.
Developer shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Developer shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, contractors, subcontractors, vendors, tenants, licensees or
invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Developer, its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, tenants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Developer. City does not have the legal right to control the details
of the tasks performed hereunder by Developer, its officers, members, agents, employees,
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contractors, subcontractors, vendors, tenants, licensees or invitees.
14.3 Developer Property.
City shall under no circumstances be responsible for any property belonging to
Developer, its officers, members, agents, employees, contractors, subcontractors, vendors,
tenants, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and
DEVELOPER IIEREBV INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS
OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS
PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.4 Religious Ormanization.
No portion of the HOME Funds shall be used in support of any sectarian or religious
activity. In addition, there must be no religious or membership criteria for buyers of a HOME-
funded property.
14.5 Venue.
Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law
or in equity, arising out of the execution, performance, attempted performance or
non-performance of this Contract.
14.6 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the
execution, performance or non-performance of this Contract or on the basis of any provision
herein, for any issue not governed by Federal law, the choice of law shall be the Iaws of the State
of Texas.
14.7 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
14.8 Written Agreement Entire Agreement.
This written instrument and the Exhibits, Attachments and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the work and services to be performed under this
Contract. Any prior or contemporaneous oral or written agreement which purports to vary the
terms of this Contract shall be void. Any amendments to the terms of this Contract must be in
writing and executed by the Parties.
14.9 Para rah Ileadin s for Reference Only, No Legal Si nificance• Number
and Gender.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this Contract.
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When context requires, singular nouns and pronouns include the plural and the masculine gender
shall be deemed to include the feminine or neuter and the neuter gender to include the masculine
and feminine_ The words "include" and "including" whenever used herein shall be deemed to be
followed by the words "without limitation'.
14.10 Compliance With All Applicable Laws and Regulations.
Developer agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the performance of this Contract. Those
laws include, but are not limited to:
➢ HOME Investment Partnerships Act as set out above
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of Federal assistance to ensure meaningful access by
person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 el seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U_S.C. Sections 794 et seq.) and 24
CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et
seq. ("NEPA")and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean
Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.), related Executive
Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15.
In no event shall any amount of the assistance provided under this Contract be
utilized with respect to a facility that has given rise to a conviction under the Clean
Air Act or the Clean Water Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 el seq.)
specifically including the provisions requiring employer verifications of legal status
of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and
the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part
23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
y Regulations at 24 CFR Part 882.708(c) pertaining to site and neighborhood standards
for new construction projects
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➢ Regulations at 24 CFR Part 983.6 for Site and Neighborhood Standards Review
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR fart 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback"Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 5
For construction contracts in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers, Sections 103 and
107 of the Contract Work Hours and Safety Standards Act (40 U.S-C. 327A 300) as
supplemented by 29 CFR Part 5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C_ 4801 et seq.), as amended by
the Residential Lead.-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R
➢ Regulations at 24 CFR Part 92, Home Investment Partnerships Program Final Rule
14.11 HUD-Assisted Projects and Employment and_ other Economic
Opportunities; Section 3 Requirements.
14.11.1 Requirement that Law Be Quoted in Covered Contracts. — Certain
Requirements Pertaining to Section 3 of the Housinsr and Urban
Development Act of 196$ as Amended (12 U.S.C. Sections 1701 et seg.)
and its Related Regulations at 24 CFR Part 135
If the construction of the Required Improvements will cause the creation of new
employment, training, or contracting opportunities on a contractor or subcontractor level
resulting from the expenditure of the HOME Funds, Developer shall comply with the following
and will ensure that its contractors also comply. If the work performed under this Contract is on
a project assisted under a program providing direct Federal financial assistance from HUD,
Section 3 of 24 CFR Part 135 ("Section 3") requires that the following clause, shown in italics,
be inserted in all covered contracts("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of 1968, as
amended, 12 U.S C. section 1701u (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD
assisted or HUD-assisted projects covered by Section 3, shall to the greatest
extent feasible, be directed to low- and very-low income persons, particularly
persons who are recipients ofHUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 135, which implement Section 3. As evidenced by their execution of
this contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the Part 135
regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or workers'
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representatives of the contractor's commitments under this Section 3 clause and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprentice and
training positions, the qualifications for each: and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in every
subcontract to comply with regulation in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause. upon finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the subcontractor has been
found in violation of regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions that are filled (1) after the contractor is selected but
before the contract is executed, and(2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
The contractor will not subcontract with any subcontractor where it has notice or
knowledge that the subcontractor has been found in violation of regulations in 24
CFR 135.
F. Noncompliance with IUD's regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be
performed under this Contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section
7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 Developer Responsibilities for Section 3 Requirements.
City and Developer understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall
be a condition of the Federal financial assistance provided to the project binding upon City and
Developer and their respective successors, assigns, contractors and subcontractors. Failure to
fulfill these requirements shall subject Developer and its contractors and subcontractors and their
respective successors and assigns to those sanctions specified by the grant agreement through
which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
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Developer's responsibilities include:
14.11.2.1 Implementing procedures to notify Section 3 residents and
business concerns about training, employment, and contracting
opportunities generated by Section 3 covered assistance;
14.11.2.2 Notifying potential contractors working on Section 3 covered
projects of their responsibilities;
14.11.2.3 Facilitating the training and employment of Section 3 residents
and the award of contracts to Section 3 business concerns;
14.11.2.4 Assisting and actively cooperating with the Neighborhood
Services Department in making contractors and subcontractors
comply;
14.11.2.5 Refraining from entering into contracts with contractors that are
in violation of Section 3 regulations;
14.11.2.5 Documenting actions taken to comply with Section 3; and
14.11.2.7 Submitting Section 3 Annual Summary Reports (Form HUD-
60002) in accordance with 24 CFR Part 135.90.
14.11.3 Section 3 Reporting Requirements.
In order to comply with the Section 3 requirements, Developer must submit the forms
attached hereto as Exhibit"I" - Section 3 Reporting Forms and take the following actions:
14.11.3.1 Report to the City all applicants for employment by contractor
and subcontractor on a quarterly basis_ This shall include name,
address, zip code, date of application, and status (hired/not hired)
as of the date of the report.
14-11.3.2 Advertise available positions to the public for open competition,
and provide documentation to City with the quarterly report that
demonstrates such open advertisement, in the form of printout of
Texas Workforce Commission posting,copy of newspaper
advertisement, copy of flyers and listing of locations where
flyers were distributed, and the like.
14.11.3.3 Report to City all contracts awarded by contractor and
subcontractor on a quarterly basis. This shall include name of
contractor and/or subcontractor, address, zip code, and amount of
award as of the date of the report.
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14.12 Prohibition Against Discrimination.
14.12.1 General Statement.
Developer shall comply in the execution, performance or attempted performance of this
Contract with all non-discrimination requirements of 24 CFR Part 92.350 and Chapter 17,
Article III, Division 4-Fair Housing of the City Code. Developer may not discriminate against
any person because of race, color, sex, gender, religion, national origin, familial status, disability
or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor
will Developer permit its officers, members, agents, employees, vendors or project participants
to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
II1, Division 3 - Employment Practices of the City Code, and Developer hereby covenants and
agrees that Developer, its officers, members, agents, employees, vendors and contractors, have
fully complied with all provisions of same and that no employee, or applicant for employment
has been discriminated against under the terms of such ordinances by either or its officers,
members, agents, employees, vendors or contractors.
14.12.2 No Discrimination in Employment during the Performance of this
Contract.
During the performance of this Contract Developer agrees to the following provision, and
Will require that its contractors, subcontractors and vendors also comply with such provision by
including it in all contracts with its contractors, subcontractors or vendors:
[Contractor's, Subcontractor's or Vendor's Name]_ will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression or transgender. �fCyntructyf 's, Subcontractor's or Vendors Hamel will
take affirmative action to ensure that applicants are hired without regard to race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender and that employees are treated
fairly during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression or transgender. 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. [Contractors, Subcontractor's or Vendor's Namej agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
[Contractor's. Subcontractor's or Vendor's Name] will, in all solicitations or
advertisements for employees placed by or on behalf of Contractor's Subcontractor's or
Vendor'sNamel__ , state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender_
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_ LCanlractar's, Sirbcontraclor's nr Vendor's Nanae� covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this Contract,
shall, in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of bona fide occupational qualification,retirement plan or statutory requirement.
Conlraclor's Subconlraclor's or Vendor's Name further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
14.12.3 Developer's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Developer warrants that it and any of its contractors will not unlawfully discriminate
on the basis of disability in the provision of services to the general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or employees of
Developer or any of its contractors. DEVELOPER WARRANTS IT WILL FULLY
COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE
FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL
DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR
ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS,
SUBCONTRACTORS OR VENDORS AGAINST CITY ARISING OUT OF
DEVELOPER'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS',
AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-
REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS CONTRACT.
14.13. Prohibition A ainst Interest/Conflict of Interest.
14.13.1 Developer shall establish safeguards to prohibit its employees, board
members, advisors and agents from using positions for a purpose that is or gives the appearance
of being motivated by a desire for private gain for themselves or others, particularly those with
whom they have family, business or other ties. Developer shall disclose to City any such conflict
of interest or potential conflict of interest immediately upon discovery of same_
14.13.2 No employees, agents, consultants, officers or elected officials or appointed
officials of City or of Developer who exercise or have exercised any functions or responsibilities
with respect to activities assisted with HOME funds or who are in a position to participate in a
decision-making process or gain inside information with regard to these activities may occupy a
HOME-assisted housing unit, may obtain a financial interest or benefit from a HOME-assisted
activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for themselves or those with whom they have family or business ties,
during their tenure or for 1 year thereafter, unless they are accepted in accordance with the
procedures set forth at 24 CFR Part 92.356.
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14.13.3 Developer affirms that it will adhere to the provisions of the Texas Penal
Code which prohibits bribery and gifts to public servants.
14.13.4 If applicable, the conflict of interest provisions of 24 CFR Part 85.36 and 24
CFR Part 84.42, respectively, shall apply in the procurement of property and services by
Developer. In all cases not governed by those sections, the provisions of 24 CFR Part 92.356 of
the HOME Regulations shall apply.
14.14 Labor Standards.
14.14.1 As applicable, Developer agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act (40 U_S.C. 276a-7) as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seg.) and all
other applicable Federal, state and local laws and regulations pertaining to labor standards
insofar as those acts apply to the performance of this Contract. Developer agrees to comply with
the Copeland Anti-Kick Back Act (18 U.S.C_ 874 et seq.) and its implementing regulations of the
United States Department of Labor at 29 CFR Part 5. Developer shall maintain documentation
that demonstrates compliance with hour and wage requirements of this Contract and the HOME
Regulations. Such documentation shall be made available promptly to City for review upon
request.
14.14.2 ❑eveloper agrees that, except with respect to the rehabilitation or construction
of residential property containing less than 12 units assisted with HOME funds, all contractors
engaged under contract for construction, renovation or repair work financed in whole or in part
with assistance provided under this Contract, shall comply with Federal requirements adopted by
City pertaining to such contracts and with the applicable requirements of the regulations of the
Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio
of apprentices and trainees to journey workers; provided that, if wage rates higher than those
required under these regulations are imposed by state or local law, nothing hereunder is intended
to relieve Developer of its obligation, if any, to require payment of the higher wage. Developer
shall cause or require to be inserted in full provisions meeting the requirements of this paragraph
in all such contracts subject to such regulations.
14.14.3 If Davis-Bacon is applicable, Developer shall provide City access to employee
payrolls, contractor and subcontractor payrolls and other wage information for persons
performing construction of the Required Improvements. Payrolls must be submitted to the
Neighborhood Services Department with each Reimbursement Request, and must be available to
Neighborhood Services Department staff upon request. In addition, Developer shall ensure that
City will have access to employees, contractors and subcontractors and their respective
employees in order to conduct onsite interviews with laborers and mechanics. Developer shall
inform its contractors and subcontractors that City staff or representatives of Federal agencies
may conduct periodic employee wage interview visits during construction of the project to
ensure compliance.
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14.15 Subcontracting with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.15.1 For pfoeurement eontraets $50,000.00 or larger, Developef agrees to abide*
City's poliey to involve MinoFity Business EiaierpFises and Small Business
hwerprises and to provide them equal oppoftunity to eempete for-eontrae
supplies and pr-ai,isioa of other-ser-vi6es required by City. Develepef!agFees t
pr -efnent $50,000.00 or lafg�d ill further require allp�er-sens e
entities with whieh i! go eanir-aets to eemply with said ordinanee.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority
business enterprises ("MBEs"), and women's business enterprises ("WBEs").
Accordingly, affirmative steps must be taken to assure that DBEs, SBEs,
MBEs, and WBEs are utilized when possible as sources of supplies,
equipment, construction and services.
14.15.3 In order to comply with the reporting requirements of 24 CFR Part 92.508
(a)(7)(ii) , DeveIoper must submit the form attached hereto as Exhibit "K"
— MBE Reporting Farm for each contract or subcontract with a value of
$25,400 or more paid, or to be paid, with HOME funds. This form shall be
submitted with the final Reimbursement Request_
14.16 Other Laws.
The failure to list any Federal, State or City ordinance, law or regulation that is applicable
to Developer does not excuse or relieve Developer from the requirements or responsibilities in
regard to following the law, nor from the consequences or penalties for Developer's failure to
follow the law, if applicable.
14.17 Assignment.
Developer shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this Contract.
14.18 Right to Inspect Developer Contracts.
It is agreed that City has the right to inspect and approve in writing, prior to any charges
being incurred, any proposed contracts between Developer and (i) its general contractor and
subcontractors, including any lower tier subcontractors engaged in any activity that is funded as
part of the construction of the Required Improvements, (ii) vendor contracts arising out of the
construction or sale of the Required Improvements, and (iii) any third party contracts to be paid
with HOME Funds.
CHDO SINGLE FAMILY CONTRACT Page 36
Hardy Street Infill Project
TCI IP- 3616 Eagle NCst Slrs:ct Rcv 4-30-2815
14.19 Force Ma'eure.
If Developer becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court, board, department, commission or agency of the United States or of
any States, civil disturbances, or explosions, or some other reason beyond Developer's control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such event and the completion date for such
obligations shall be extended for a like period. Developer will gine City written notice of the
existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the
occurrence of the event. Failure to give notice will result in the continuance of Developer's
obligation regardless of the extent of any existing Force Majeure Event. Developer will use
commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.20 Survival.
Any provision of this Contract that pertains to the HOME requirements, auditing,
monitoring, homebuyer income eligibility, record keeping and reports, City ordinances, the
provisions of Section 6.6 pertaining to SAM, or any other HOME Program requirements, and
any default and enforcement provisions necessary to enforce such provisions, shall survive the
term or earlier termination of this Contract for 5 years after the termination date and shall be
enforceable by City against Developer.
15. INDEMNIFICATION AND RELEASE.
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR
NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY, AND DEVELOPER HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CHDO SINGLE FAMILY CONTRACT Page 37
Hardy Street Infill Project
TCHP—3616 Eagle(Vest Street Rev 4-30-2015
CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER LIKEWISE
COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION
WITH ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, MEMBERS,
AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, VENDORS,
INVITEES, LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE
OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES,CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH DEVELOPER
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY DEVELOPER TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE
INJURY,DAMAGE OR DEATH.
DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS,
SUBCONTRACTORS AND VENDORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY DEVELOPER.
If Developer, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Developer hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
17. INSURANCE AND BONDING.
Developer will maintain coverage in the form of insurance or bond in the amount of
$163,500.00 to insure against loss from the fraud, theft or dishonesty of any of Developer's
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall
be used to reimburse City for any and all loss of 110ME Funds occasioned by such misconduct.
To effectuate such reimbursement, such fidelity coverage shall include a rider stating that
reimbursement for any loss or losses shall name City as a Loss Payee.
CHDO SINGLE FAMILY CONTRACT mage 38
Hardy Street Infill Project
TCHP—3616 Eagle Nest Street Rev 4-30-20115
Developer shall furnish to City, in a timely manner, but not later than 10 calendar days
after the Effective Date, certificates of insurance as proof that it has secured and paid for policies
of commercial insurance as specified herein. If City has not received such certificates as set
forth herein, Developer shall be in default and City may at its option terminate this Contract.
Such insurance shall corner all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract. Developer
shall maintain, or require its general contractor to maintain, the following coverages and limits
thereof.
Commercial General Liability CGL Insurance
$1,000,000 each occurrence
$2,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$1,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto" defined as autos awned,
hired and non-owned. Pending availability of the above coverage and at the discretion
of City, the policy shall be the primary responding insurance policy versus a personal
auto insurance policy if or when in the course of Developer's business as contracted
herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Developer or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Developer shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Developer shall revise such amounts within 30 days
following notice to Developer of such requirements.
CHDO SINGLE FAMILY CONTRACT Page 39
Hardy Street Infill Project
TCHP--3616 Eagle Nest Street Rev 4-30-2015
Developer will submit to City documentation that it, and its general contractor, have obtained
insurance coverage and have executed bonds as required in this Contract prior to payment of any
monies provided hereunder_
Where applicable, insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City_
Any tailure on part of City to request certificate(s) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Developer's insurance policies shall be licensed to do business in the State of Texas
by the Department of Insurance or be otherwise eligible and authorized to do business in the state
of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key hating Guide rating of A: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event there are any local, Federal or other regulatory insurance or bonding requirements
for the project, and such requirements exceed those specified herein, the former shall prevail.
Developer shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and, Developer shall require its contractors to
provide Developer with certificate(s) of insurance documenting such coverage. Also, Developer
shall require its contractors to have City and Developer endorsed as additional insureds (as their
interest may appear)on their respective insurance policies.
Professional Liability coverage shall be in force and may be provided on a claims made basis.
This coverage may also be referred to as Management Liability, and shall protect the insured
against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts
arising out of their management duties.
Developer shall require its general contractor to maintain builders risk insurance at the value of
the construction.
18. CERTIFICATION REGARDING LOBBYING.
Developer hereby certifies,to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
Developer, to any person for influencing or attempting to influence an officer or
CH DO SINGLE FAMILY CONTRACT Page 40
Hardy Street Infill Project
TCHP—3616 Eagle Nest Street Rev 4-30-2015
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
1f any funds other than federally appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, Developer shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in
accordance with its instructions.
This certification is a material representation of./act upon which reliance was
placed when this Contract was made or entered into. Submission o,f' this
certificate is a prerequisite for making or entering into this Contract imposed by
31 U S.C. Section 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$1 0,004.40 for each such failure.
Developer shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
1.9. LITIGATION ANIS CLAIMS.
Developer shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Developer in conjunction with this
Contract or the project. Developer shall furnish immediately to City copies of all pertinent
papers received by Developer with respect to such action or claim. Developer shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision
of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and shall be effective
upon receipt when (i) sent by U.S. Mail with proper postage, certified mail return receipt
requested or by a nationally recognized overnight delivery service; and (ii) addressed to the other
Party at the address set out below or at such other address as the receiving Party designates by
proper notice to the sending Party.
City
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Vicki S. Ganske
Telephone: 817-392-7600
CHDO SINGLE FAMILY CONTRACT Page 41
Hardy Street Infill Project
TCHP—3616 Eagle Nest Street Rev 4-30-2015
Copy to:
Neighborhood Services Department
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Assistant Director
Telephone: 817-392-7540
I]cveloper:
Tarrant County Housing Partnership, Inc.
3204 Collinsworth Street
Fort Worth,TX 76107
Attention: President
21. DEVELOPER HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Developer represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this Contract
and to perform the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument which may be sufficiently
evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
CH DO SINGLE FAMILY CONTRACT Page 42
Hardy Street Infill Project
*rCHP—3616 Eagle Nest Street Rev 4-30-2015
EXECUTED to be effectiv e I:ffective Date.
ATTEST: 8 TY OF FORT WORTH
00
ry J. KaS cret ID * Fernando Costa, Assistant City Manager
M&C C-27x e yser Date:
M&C C-27264 Date: 4114
APPROVED AS TO FO A I) LEGALITY:
�-
Vicki S. Ganske, Senior Assistant City Attorney
TARRANT COUNTY HOUSING
PAR IP,
an esident
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on __ , 2015 by
Fernando Costa, Assistant City Manager of the City of Fort Weh, on behalf the City of Fort
Worth.
TRIKINYA L.JOHNSON Notary PuAc, St of Texas
�__ Notary Pubtic.Stole of Texas
i.•. '� My Commission Expires
Via: April 11, 2418
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 2015 by Donna
VanNess, President of Tarrant County Housing Partnership, 16.dtexas nonprofit corporation,
on behalf of such corporation. ,
22/
NotAU Public,-ZZEatc of Texas OFFICIAL RECORD
CITY SECRETARY
,.,..
i�ATTIE L.SAN�HS FT.WORTH,TX
NiY CDMMISSIQN EXPIRES
CO SINGLE FAMILY CONTRACT March 17,2018 Page 43
Hardy Street Infill Project
TCHP—3616 Eagle Nest Street Rev 4-30-2015
EXHIBIT "A"
PROJECT SUMMARY- SCOPE OF WORK
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
3616 EAGLE NEST STREET
Capitalized terms not defined herein shall have meanings assigned to them in the Contract.
DESCRIPTION:
Developer will construct an approximately 1,200-1,800 square feet, 3- or 4-bedroom, 2-Bath single-
family house on a lot size of approximately 5,000-6,000 (range) square feet. Construction will include
a two-car detached garage. Fencing will be located at the rear and side yards. The front yard will be
landscaped.
The construction of the house shall contain any reasonable and necessary accessibility requirements
requested by a disabled HOME Eligible Buyer. If the cost of such accessibility requirements exceeds
the Budget for the construction of the house, such additional expense shall be paid by the HOME
Eligible Buyer.
The following appliances and related amenities will be included in the sale of the house:
• Washer and Dryer hookups
■ Central Air Conditioning
• Stove
• Oven
• Dishwasher
• Vent-a-hood
■ Garbage Disposal
• Electric Garage Door with Remote
• Mailbox located at door
■ Refrigerator is not required to be furnished by Developer
The following materials shall be used for the construction of the house:
• Fence(back yard)
■ Landscaping(front yard)
• Roofing Materials 3 TAB 25 YR
• Siding(percentage) 100%
• Foundation Type Post Tension
• HVAC 15 Seer Heat Pump
CHDD Funds—Exhibits"A"thru"A-2" Page I
Tarrant County Housing Partnership,Inc.—36I6 Eagle Nest Street Rev.4-30-I5
EXHIBIT 66A-1"
FINAL ELEVATIONS
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
3616 EAGLE NEST STREET
Final Elevations will be agreed upon between the Parties and attached to a future Contract
Amendment.
CHDQ Funds—Exhibits"A"thru"A-2" Page 2
Tarrant County Housing Partnership, Inc.—3616 Eagle Nest Street Ilea.4-30-15
EXHIBIT 66A-2"
ENVIRONMENTAL MITIGATION ACTION
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
3616 EAGLE NEST STREET
HOME Funds may be reimbursed for exempt activities; however, HOME funds will not be
paid, and costs cannot be incurred until City has conducted and completed an
environmental review of the proposed project site as required under 24 CFR Part 58. The
environmental review may result in a decision to proceed with, modify, or cancel the
project. Further, Developer will not undertake or commit any funds to physical or choice
limiting actions, including property acquisition, demolition, movement, rehabilitation,
conversion, repair or construction until satisfactory completion of environmental review
and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58.
EA MITIGATION MEASURES AND CONDITIONS FOR PROJECT APPROVAL_
The noise level at the project exceeds 65 dB. The City had RPGA Design Group, the
architect firm for the project issue a letter stating the typical materials that would be used
to construct the units would attenuate the noise. RPGA stated the wall assembly should
consist of fiber cement siding on 15132"exterior OSB sheathing, 2x4 wood framing spaced
16" o.c. with R-13 batt insulation between the studs and 518" interior gypsum wall board,
and double pane glazed windows. The STC rating should range from 33-42 depending on
the windows used.
Special conditions, procedures, and requirements identified for the project may include and
are not limited to mitigation of adverse effects identified in the Section 106 (24 CFR Part
58.5(a) - Historic Properties) review process. The special conditions, procedures, and
requirements may differ and are subject to approval by City and HUD.
CHDO Funds—Exhibits"A"thru"A-2" Page 3
Tan-ant County Housing Partnership,Inc.--3616 Eagle Nest Street Rev.4-30-1 5
EXHIBIT "B"
BUDGET
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
3616 Eagle Nest Street
HOME Funds for Project Related Development Costs: $16500
Developer Fee$16,350.00*
Development Budget
Use of Funds Source of Funds
Predevelopment Cost HOME S OTHER$ SOURCE OF OTHER TOTAL$
FUNDS FUNDS FUNDS FUNDS
(1] (2) (Names) (1+2)
1. Market Study 117 117
2.Feasibility(i.e.: Soil Test, Bond, 3,549 3,549
Insurance
3.Other
Total Predevelo ment Cost(1+2=3) 3,666 3,666
Development Cost
4.Land and/or building acquisition 7,587 7,587
5.Site Preparation
6.Construction Cost 146,422 146,422
7.Fence
8. Landsca e
9.Contingency
10. Appraisal Proceeds of Sale"
11.Architect&Engineering Fees 3,000 3,000
12. Property Survey 250 Proceeds of Sale** 250
13.Legal Fees Proceeds of Sale"*
14.Real Estate Commission 4,800 Proceeds of Sale** 4,800
15.Utility Hookup/Impact Fees 1,575 1,575
16. Title and Recording Fees 225 Proceeds of Sale** 225
17.Temporary Utilities 1,000 1,040
Total Development Cost(Total of items 159,834 0 164,859
4-20
Total Project Cost 163,500 5,025 — 168,525
**Seller paid closing costs as shown on the HUD-I Settlement Statement paid from gross sales proceeds from the
sale of the house.
*Developer Fee shall be paid from HOME Funds by invoice after the closing of the sale of the house to a HOME
Eligible Buyer. Developer Fee consists of 10%of the project related development costs. City in its sole discretion
may elect to pay a portion of the Developer Fee Before closing.
CHDO Funds—Exhibit"B"—Budget
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
3616 Eagle Nest Street
Phase Activity Reimbursement Amount
PHASE I:
Contract signed $0
Construction Plans $1,500
PHASE I DEADLINE:
May 1,2015 fo Payment* $1,500*
PHASE H:
Acquisition $7,587
Final Payment on Construction Plans $1,500
PHASE H DEADLINE: 2nd payment* 591087*
Xay 5,2415
PHASE III:
Mobilization(Site clean-up, Site prep, $15,973.20
Energy Star, Permits,Printing Plans,
Mobilization
Survey $254
Bonds $2,755
Insurance $550
Market Study $117
Soil Test $244
PHASE M DEADLINE: 3`d Payment* $19,889.20*
May 10,2015
PHASE IV:
Construction Materials(Garage Doors, $15,846.25
Signs,Appliances, Plumbing,
Electrical,Paint, Cabinets,Fencing,
Flooring,HVAC,Brick, Trim,
Drywall, Windows
Impact Fees $1,417.50
PHASE FV DEADLINE: 4'Payment* $17,263.75*
May 25,2415
PHASE V:
Foundation $2.0,622.60
Plumbing $10,165.50
Flatwork(Driveway) $4,410
Fence Footer $439.20
Temporary Utilities $900
PHASE V DEADLINE:
.lune 12,2015 5"`Payment* $*35,537.34
PHASE VI:
CHDO Funds—Exhibit"C"—Project and Reimbursement Schedule
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
Framing and Siding $20,250
Termite Treatment $258.30
Roofing Materials and Labor $5,040
Windows Labor $2,051.10
HVAC $2,810.70
Fencing $1,890
PHASE VI DEADLINE: 6h payment* $32,300.10*
.lune 25,2015
PHASE VII:
Finish Out(Labor and Install:
Electrical, Paint,Cabinets, Sheetrock,
Foam Insulation, Bathrooms,
Countertops,Flooring,Trim,Doors $33,607.5$
and Hardware, Grading,Landscaping,
Appliances,Garage Door
PHASE VII DEADLINE: 7m Payment* $33,607.58*
October 1,2015
RETAINAGE FINAL PAYMENT"* S13,315.07**
CONSTRUCTION TOTAL $163,500
DEVELOPER FEE*** Paid after closing of sale to HOME 10%of project related
Eligible Buyer per Section 7.$*** development costs'
*Developer will be reimbursed for eligible expenses only. All amounts are estimates and are subject to change.
**Final Payment will be made after closing of sale of the house to a HOME Eligible Buyer_ Exhibit"G"-HOME
Project Compliance Report must be submitted prior to reimbursement for Final Payment per Section 10.3.3.
***10%of project related development costs as shown on Exhibit"B"—Budget. City in its sole discretion may
elect to pay a portion of the Developer Fee before closing.
CHDO Funds—Exhibit"C"—Project and Reimbursement Schedule
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
EXHIBIT "D"
AUDIT CERTIFICATION FORM
TARRANT COUNTY HOUSING PARTNERSHIP, INC
3616 EAGLE NEST STREET
CHDO Funds —EXHIBIT"D"—AUDIT CERTIFICATION FORM 1
Tarrant County Housing Partnership,Inc.-3616 Eagle Nest Street Rev.4-30-2015
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: Tarrant County Housing Partnership, Inc.
Fiscal Year Ending: September 30,2015
❑ During the fiscal year in which funds will be received, we will exceed the federal
expenditure threshold of $500,000. We will have our Single Audit or Program Specific
Audit completed and will submit the A-133 audit report within seven (7) months after the
end of the audited fiscal year or thirty (30) days within its completion, whichever is the
earlier date.
❑ During the fiscal year in which funds will be received, we will not exceed the $500,000
federal expenditure threshold required for a Single Audit or a Program Specific Audit to be
performed this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
MUST be filled out if Sin le Audit or Program.Audit is NOT re uired.
.f,r
Pass Through Progar Name& Contract
Federal Grantor Expenditures
Grantor CFDA Number Number
Total Federal Expenditures for this Fiscal Year:
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in OMB Circulars A-133 by
the required due date may result in suspension of funding and may affect eligibility for future
funding. Notwithstanding the alcove, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
CHDO Funds —EXHIBIT"D"—AUDIT CERTIFICATION FORM 2
Tarrant County Housing Partnership,Inc.-3616 Eagle Nest Street Rev.4-30-2015
EXHIBIT "E"
LOAN DOCUMENTS
TARRANT COUNTY HOUSING PARTNERSHIP, INC
3616 EAGLE NEST STREET
CHDO Funds—Exhibit"E"—Loan Documents
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
PROMISSORY NOTE
HOME CHDO Funds
Date: 12015
Borrower: Tarrant County Housing Partnership, Inc.,
a Texas non-profit corporation
Borrower's Mailing Address: _ -
3204 Collinsworth St., Fort Worth, TarrafWuntr-, TX 76107
Lender: City of Fort Worth,Texas, a Texas�WCITE9corporation
Place for Payment: ~
CIO Director of Neighbor�rvices Departrnent�--
1000 Throckmorton St.
Fort Worth,Tarrant County, R-576 102
or at any other place that Lender rija)dziaie in writing
Principal Amount: $
Loan Authority-
The loan ervlden.ced by this ItiofF�-js beingiffi �.�ursuanf the HOME Investment
Partnerships Program authorizedimdtie II Cranston-Gonza[e�National
Affordable'l-lo-using Acf�f 1990JUWended, 4TTJ SC 12701 et seq. ("HOME
Program") and. the I]OME Investment Partnerships Program Final Rule, as
ew.ed. 24 CI{R fart 92 t y,_(the T,SME Regulations")with HOME funds.
Annual-Interest die;_ 7e- o PercenTTO!A)
Maturity Date: �, 2
Terms of Payment(principal and interest):
This Note is the Promissory Note required in City Secretary Contract No.
45978-X1--b tween Borrower and Lender and has been executed and delivered in
accordance901%nd
=contract (the "Contract"). The funds advanced by Lender
are HOME • the Contract requires that the Required Improvements
constructed with the HOME funds on the Property (the "house"), must be sold to
a HOME Eligible Buyer in accordance with the HOME Regulations, all as more
particularly described in the Contract. The Loan evidenced by this Note will be in
default if the house is not sold to a HOME Eligible Buyer and in the event of such
default, Lender may invoke any remedies for default provided in the Contract or
the Deed of Trust.
The Note is subject to all terms and conditions of the Contract. The Loan will be
forgiven provided that (i) the house is sold to a HOME Eligible Buyer in
accordance with HOME Program Requirements, (ii) Lender receives the Sales,
PROMISSORY NOTE—HOME CHDO FUNDS Paget
TCHP—3616 Eagle Nest Street Rev.4-30-15
Proceeds, and (iii) Borrower is not otherwise in default of the Loan terms or the
Contract. In the even the Loan is not forgiven in accordance with the terms of the
Contract, the Principal Amount will be payable in full on the Maturity Date under
the terms and conditions as provided in the Contract.
Security for Payment:
This Note is secured by a Deed of Trust of even date from Borrower to Vicki S.
Ganske or Leann D_ Guzman, Trustee, which covers the following real property:
Lot Block , Jarvis Heights Apartments Addition, an Addition to the
City of Fort Worth, Tarrant County, Texas,. according to the Plat recorded in
County Clerk's File No. of{he Official Public Records,
Tarrant County, Texas, _
commonly known as 361.6 Eagle Nest-treet, Fort Wor#iz=TY 761.06.
Other Security for Payment: As set fMli in the Contract. -
Borrower promises to pa -o_the order of-LOWE --lhe Principal Amount under the
terms and conditions described irri=flee-contract if n r&-- e -wise forgiven. This Note is
payable at the Place for Payment-mid acc�€ling to the exms of Payment. All unpaid
amounts are due by the Maturity Dam Aft maturity, 1SWower promises to pay any
unpaid principal balan't 96—
If Borrower_defaults in_
default or the default is not cured within 180 days after the first notice of default is given.
Notices given to Borrower shall be in writing and delivered to the addresses listed
above,or to such other address as Borrower designates by written notice to Lender. Each
such notice or other communication shall be effective upon receipt when sent by U. S.
Mail, postage prepaid and by certified mail, return receipt requested; or by a nationally
recognized overnight delivery service.
Borrower also promises to pay reasonable attorney's fees and court and other
costs if this Note is placed in the hands of an attorn collect or enforce the Note.
These expenses will bear interest from the date of ad..--.-.. the Annual Interest Rate on
Matured, Unpaid Amounts. Borrower will pay EM&r ffift3 expenses and interest on
demand at the Place for Payment. These expenses and inte wpmll become part of the
debt evidenced by the Note and will be secux� any securityYfo payment.
Borrower may prepay this Note at ariy_tme before the Maturity-Date without
penalty so long as the house located on the Property conrtcted with the—ROME funds is
sold to a HOME Eligible Buyerin-accordance wifh_th_e RIME Program anti°:_the HOME
Regulations and the other terms ani=conditions oft
Interest on the debt evidenced_by &Rlote will n t exceed the maximum rate or
amount of nonusuriquad terest that rxz be contracted for, taken, reserved, charged, or
received under la__ ny ntdrest in exce oft}ai_maxiuium arhount will be credited on
the Principal A:"t or, ifahe PrincOE-4a punt hr=-- en paid, refunded. On any
acceleration or rec(uor pefitted prepp nt, any excess interest will be canceled
automatically as of tne=iacceler tion.-or p�repay�ezat or, if the excess interest has already
been IZairl credztd on the Principal-mount o�_=if the Principal Amount has been paid,
refi ed This-pr vision overrides any odfl ing provisions in this Note and all other
- =ter:-. --._...
st ents concerning the debt._
aeh Borrower is'zesponsil le far all obligations represented by this Note. When
the contexf=wires, singularnouns aril.pronouns include the plural.
A defa@7 Xists under.this Note if(1) (a) Borrower or (b) any other person liable
on any part of 6MM5 ote *_.."Other Obligated Party") fails to timely pay or perform any
obligation or covenant in any written agreement between Lender and Borrower or such
Other Obligated Party;`(2) any warranty, covenant, or representation in this Note or in
any other written agreement between Lender and Borrower or any Other Obligated Party
is materially false when made; (3) a receiver is appointed for Borrower, any Other
Obligated Party, or any property on which a lien or security interest is created as security
(the "Collateral Security") for any part of this Note; (4) any Collateral Security is
assigned for the benefit of creditors; (5) a bankruptcy or insolvency proceeding is
commenced by Borrower or an Other Obligated Party; (6) (a) a bankruptcy or insolvency
proceeding is commenced against Borrower or an Other Obligated Party and (b) the
proceeding continues without dismissal for 90 days, the party against whom the
proceeding is commenced admits the material allegations of the petition against it, or an
order for relief is entered; (7) any of the following parties is dissolved, begins to wind up
PROMISSORY NOTE--HOME CHDO FUNDS Page 3
TCHP-3616 Eagle Nest Street Rev.4-30-15
its affairs, is authorized to dissolve or wind up its affairs by its governing body or
persons, or any event occurs or condition exists that permits the dissolution or winding up
of the affairs of any of the following parties: (i) Borrower, or (ii) an Other Obligated
Party; and (8) any Collateral Security is materially impaired by loss, theft, damage, levy
and execution, issuance of an official writ or order of seizure, or destruction, unless it is
promptly replaced with insurance proceeds, collateral security of like kind and quality or
restored to its former condition.
The execution and delivery of this Note are requiref 9-- hder the Contract_
If any provision of this Note conflicts withnovision of the Contract, the
Deed of Trust or any other document evidencing—*sam ansaction between Lender
and Borrower,the provisions of the Contract overn to tlze�=_etent of the conflict.
This Note will be construed under` l ;laws of the state of Texas without regard to
choice-of-law rules of any jurisdiction.
[SIGNATURE PAGES_1l=MMED A`t.ELY FOLLOW]
_ ==_
-_--
-- X N�6.
IL
PROMISSORY NOTE—HOME CHDO FUNDS Page 4
TCHP—3616 Eagle Nest Street Rev.4-30.15
THE CONTRACT AND THE NOTE CONSTITUTE THE FINAL AGREEMENT
OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRXOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE
PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
TARRANT COUNTY HOUSING PARTNERSHIP,
INC.
Donna VanNess, President
PROMISSORY NOTE—HOME CHDO FUNDS Page 5
TCHP—3616 Eagle Nest St. Rev.4-30-15
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
Deed of Trust
Security Agreement -- Financing Stoternent
HOME CRDO I unds
Terms _-
Date: , 2415
Grantor: Tarrant County Housing Partuaship. Inc.,a Texas notfpwf a corporation
Grantor's Mailing Address: NwTan
rIn-ty,
3204 Coliingsworth St., TX 76147
Trustee: Vicki S. Ganske or (Vann D.'Guzman
1%
Trustees Mailing:Address:
City Aft amey's Office. -
City of Foiorth —
1404'Srockntor4s�n 5�_
F � xth TX'M Q _ -
_JCR�_
Len City of rt Wort _a-7 exas municipal corporation
Elm
Lender's Wailing Address::
City oort Worth
Neighbor- Qd ServiW Department
Attention: �Msta xDirector
1004 Throckxnoz-W treet
Fort Worth,Texas 76102
Tarrant County
Loan Authority:
The loan evidenced by the Note (the "Loan") and secured by this Deed of Trust
Security Agreement — Financing Statement ("Deed of Trust") is being made
pursuant to the HOME Investment Partnerships Program authorized under Title II
of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended,
DEED OF TRUST—HOME CHDO FUNDS Page 1
TCHP—3616 Eagle Nest St Rev.4-30-15
42 USC 12701 et seg. {the "HOME Program"} and the HOME Investment
Partnership Program Final Rule, as amended,24 CFR Part 92 et seq. (the"HOME
Regulations")with HOME funds.
Obligations
Note
Date: , 2015
Original Principal Amount: $
Borrower: Tarrant County Housing Partnership, Inc.
Lender: City of Fort Worth
Terms of Payment: As provided in i4w_
Maturity Date: LT
In addition, Obligations shall inAVA c omplian�by Grantor with the
requirements of the HOME Prog ammmore particularly' cribed in Section F.
below. '
Property (including any improvements): �-
Lot , Block , -Jarvis f[eights Apes Addition, an Addition to the
City of Fort Worth, Tarrant County, Texas;-wording to the Plat recorded in
County Clerk's File No. =_-'the Official Public Records,
Tarrant Count�as,
commonly kno«�n :iS ;3616 Eagle Nest titrect;"Fort Wo th,TX 76106.
Together w1 lz the folly w'Lng personal property:
All Fixtures, supplies, building materials, and other goods of every
;mature now or hereafter located, used, or intended to be located or used on
�Pcrt4•;
'r X11 plaris and Specif' ns for development of or construction of
--
improv eats on tFi 1'raperty;
Afl c'ontracts=an_d subcontracts relating to the construction of
mprovements ail the Property;
ifAll accounts, contract rights, instruments, documents, general
t ibles. and chattel paper arising from or by virtue of any transactions
relafitng=to the Property;
All permits, licenses, franchises, certificates, and other rights and
privileges obtained in connection with the Property;
All proceeds payable or to be payable under each policy of
insurance relating to the Property; and
All products and proceeds of the foregoing.
Notwithstanding any other provision in this Deed of Trust, the term "Property"
does not include personal effects used primarily for personal, family, or
household purposes.
DEED OF TRUST—HOME CHDO FUNDS Page 2
TCHP—3616 Eagle Nest St Rev.4-30-15
In addition to creating a deed-of-trust lien on the Property described, Grantor also
grants to Lender a security interest in all of the above-described personal property
pursuant to and to the extent permitted by the Texas Uniform Commercial Code.
Prior Liens: None
Other Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights,-whether of record or not; all
presently recorded and validly existing recv T7 instruments other than
conveyances of the surface fee estate that affect N be Property; liens described in
this Deed of Trust; and,taxes for the current =_
For value received and to secure performance of the Obffip ions, Grantor conveys
the Property to Trustee in trust. Grantor=wits and agrees fvfend the title to the
Property, subject to the Other Exceptions`d onveyance and Warrffi On performance
of the Obligations including payment of theL arxn if required by the CaMpt and all other
amounts secured by this Deed oI' Trust and per ormance of the req tints of the
HOME Program, this Deed of Trust will have no fii tlier-effect. and Lender will release it
at Grantor's expense. - ---
Glades attd�s ants -
A. Grantor's Obligatim _... _
Grantor agrees-to-
}. keep ilZc I'rctilrGrty, in gar nditiaa mid repair;
-Z. pay all taxes andMspssments on the Property before delinquency, and not
authc7rize:a taxing entitji Mfg trap rr-_it-s tax lien fln the Property to anyone other than
Lender; y= _
3. defend title to7AJe Property subject to the Other Exceptions to Conveyance
and Warranty and pzserve floe lien's priority as it is established in this Deed of Trust;
4. Obey all Laws, ordinances, and restrictive covenants applicable to the
Property;
5. maintain all insurance coverages with respect to the Property, revenues
generated by the Property, and operations on the Property that Lender reasonably requires
("Required Insurance Coverages"), issued by insurers and written on policy forms
acceptable to Lender, and deliver evidence of the Required Insurance Coverages in a
form acceptable to Lender at least 10 days before the expiration of the Required
Insurance Coverages.
DEED OF TRUST—HOME CHDO FUNDS Page 3
TCB?—3616 Eagle Nest St Rev.4-30-15
6. keep any buildings occupied as required by the Required Insurance
Coverages;
7. obey all laws, ordinances, and restrictive covenants applicable to the
Property;
8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid
all prior lien notes pursuant to their respective terms and abide by or cause to be abided
by all prior lien instruments; and
9. notify Lender in writing of any change-6f---- ess.
Grantor agrees not to-
1. do or permit anything to be..OTC that will impair fli=esecurity of this Deed
of Trust.
B. Lender's Rights
I. Lender or Lender's mflrtgage servicer EM appoint in writing a substitute
trustee, succeeding to all rights and-responsibilities of Tnze.
2. If tha-0-:`e s of the Lo=an are use_ �_ _ay any"Opt secured by prior liens,
Lender is subrogA �a allstlae=nights andilien sf k al efs_of any debt so paid.
3. Notes s=tanding_Ahe terms 'off_ the Note to the contrary, and unless
applicable.;aw-prohiW -zll., ay tints_receiv by Lender from Grantor with respect to
the Obligations or this be`ec "bf Trust_tray, at'_ender s discretion, be applied first to
atnt payable uricier_this 17e(I of Trust`andrthen to amounts due and payable to Lender
wid .-pect to the OEil gations f i,-be applied to late charges, principal, or interest in the
order Under in its discrelfvn deteia�es.
•'�__gip' =f =
4. - f Grantor failgao perform any of Grantor's Obligations under this Deed of
Trust, subject fl-. ..prior...prior wr en notice and cure period, Lender may perform those
obligations and be reimbursed by Grantor on demand for any amounts so paid, including
reasonable attorney's fees; plus interest on those amounts from the dates of payment at
the rate stated in the Note for matured, unpaid amounts. The amount to be reimbursed
will be secured by this Deed of Trust.
5. If there is a default on the Obligations or if Grantor fails to perform any of
Grantor's Obligations under this Deed of Trust and the default continues after any
required notice of the default and the time allowed to cure, Lender may-
a. declare any unpaid principal balance and earned interest on the
Obligations immediately due;
DEED OF TRUST—HOME CHDO FUNDS Page 4
TCHP--3616 Eagle Nest 5t Rev.4-30-15
b. exercise Lender's rights with respect to rent under the Texas Property
Code as then in effect;
c. direct Trustee to foreclose this lien, in which case Lender or Lender's
agent will cause notice of the foreclosure sale to be given as provided by
the Texas Property Code as then in effect; and
d. purchase the Property at any foreclosure sale. by offering the highest bid
and then have the bid credited on the Oblzgat ortS.
Notwithstanding anything to the contrary, jf`a_monetary event of default occurs
under the terms of any of the Loan documents,prior=fo-exerci9ng any remedies Lender shall
give Grantor written notice of such default. _Grantor shall have-aperiod of 14 days after
such notice is given within which to cure the__default prior to exerese_of remedies by Lender
under the Loan documents. Notwithstandiig=anything to the contraf a non-monetary
event of default occurs under the terms of aftDhe Loan_document ox to exercising
any remedies, Lender shall give Grantor written notice of such default. Ffifihe default is
reasonably capable of being cured-within 30 days, Grantor shall have such period to effect a
cure prior to exercise of remedies gUbder under tl e=loan documents. if the default is
:,
such that it is not reasonably capalalLe_=of -$ding_cured within 30 days, and if Grantor (a)
initiates corrective action within said=period,--arm_(b diligeiCYL continually, and in good
faith works to effect a= tar oon as possible,then=r _actor shPAI1 have such additional time
as is reasonably n essary _tare the default_P bbno e lse of any remedies by Lender.
In no event shall Wider be preluded fxornTi-g—rosing reme–d s if its security becomes or is
about to become materially jeopardized by ariy�ailure to cure a default or the default is not
cured within-JA0 days after W---rst=notice of defflault is given.
otices given-to Grattox shall be in-_ rriting and delivered to the address listed
abov-r to such otlier-address-as_Grantor designates by written notice to Lender_ Each,
such notice or other coma unicat'dh shall be effective on the date of receipt when sent by
U. S. M; i%ostage prepaid-by certife� mail, return receipt requested or by a nationally
recognized overnight delivery_ ervice.
G. Lender-=may remedy any default without waiving it and may waive any
default without waiv_K% =y-prior or subsequent default.
C. Trustee's )Rights and Duties
If directed by Lender to foreclose this lien,Trustee Will-
i.
ill-1. either personally or by agent give notice of the foreclosure sale as required
by the Texas Property Code as then in effect;
DEED OF TRUST—HOME CHDD FUNDS Page 5
TCHP—3616 Eagle Nest St Rev.4.30-15
2. sell and convey all or part of the Property "AS IS" to the highest bidder for
cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other
Exceptions to Conveyance and Warranty and without representation or warranty, express
or implied, by Trustee;
3. from the proceeds of the sale,pay, in this order-
a. expenses of foreclosure, including a reasonable commission to
Trustee;
b. to Lender, the full amount of principal, interest, reasonable
attorney's fees,and other charges due and unpaid;
C. any amounts required b--1Wvto be paid IiHore payment to Grantor;
d. to Grantor,any balm Viand ==
Property. After deducting any expenses incurred, including reasonable attorney's fees and
court and other costs, Lender will either release any remaining amounts to Grantor or
apply such amounts to reduce the Obligations and any excess proceeds shall be paid to
Grantor. Lender will not be liable for failure to collect or to exercise diligence in
collecting any such amounts. Grantor will immediately give Lender notice of any actual
or known threatened proceedings for condemnation of all or part of the Property.
Notwithstanding the above, in the event of any fire or other casualty to the Property
or eminent domain proceedings resulting in condemnatioq-of the Property or any part
thereof, Grantor shall have the right to rebuild the Propef y, and to use all available
insurance or condemnation proceeds therefore,provided that(a)such proceeds are sufficient
to keep the Obligations in balance and rebuild the Property in a manner that provides
adequate security to Lender for repayment or performance of the Obligations or if such
proceeds are insufficient then Grantor shall have: funded any deficiency, (b) subject to the
rights of senior lien holders, Lender shall ha e right to approve plans and specifications
for any major rebuilding and the riglo, approve disbursements of insurance or
condemnation proceeds for rebuilding under a_c�nstruction_escrow or sz _lar arrangement,
and (c) no material default then exists under the dents other than attributable to
casualty or condemnation. If the casualty or sonde �n affects only part oHhe Property
and total rebuilding is infeasible. then proceeds ma used for partial rebuilding and
partial repayment of the Obligations in a manner that pro a adequate security to Lender
for repayment of the remaining balance oi'the Ot4geons, hany excess proceeds shall
be paid to Grantor.
7. Gray assigns to Lender a ely,not aq as collateral, all present and
future rent and othecome and receipts m the Property. Grantor may as Lender's
licensee collect rent an�c�--Wher incorrze and r is as long as Grantor is not in default
with. t 1blig5, an`or thisT7eed oust. Subject to the terms of the Loan
dogMRts, Gran = l apWINI rent arid- cher income and receipts to payment of the
Obr £at_ions and pe ar%LWnce oflMfiis Deed of Trust, but if the rent and other income and
receipfs exceed the amort_due M espect to the Obligations and the Deed of Trust,
Grantor rxi�.iretain the a ss. If 6ntor defaults in payment or performance of the
Obligationswperformance-==of this Deed of Trust, subject to the rights of senior lien
holders, Lender inay terminate Grantor's license to collect rent and other income and then
as Grantor's agent-may rent the Property and collect all rent and other income and
receipts. Lender neither.has nor assumes any obligations as lessor or landlord with
respect to any occupant 'of the Property. Lender may exercise Lender's rights and
remedies under this paragraph without taking possession of the Property. Lender will
apply all rent and other income and receipts collected under this paragraph as required by
the Texas Property Code then in effect. Lender is not required to act under this
paragraph,and acting under this paragraph does not waive any of Lender's other rights or
remedies.
8. Interest on the debt secured by this Deed of Trust will not exceed the
maximum amount of non-usurious interest that may be contracted for, taken, reserved,
DEED OF TRUST—HOME CHDO FUNDS Page 7
TCHP—3616 Eagle Nest 5t Rev.4-30-15
charged, or received under law. Any interest in excess of that maximum amount will be
credited on the principal of the debt or, if that has been paid, refunded. On any
acceleration or required or permitted prepayment, any excess interest will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the
principal of the debt or, if the principal of the debt has been paid, refunded. This
provision overrides any conflicting provisions in this and all other instruments
concerning the debt.
9. In no event may this Deed of Trust secure payment of any debt that may
not lawfully be secured by a lien on real estate or create—en otherwise prohibited by
law.
I0. When the context requires, singular nouns =and pronouns include the
plural. ---=_
11. The term Note includes alITK(ensions, modifications;-aud renewals of the
Note and all amounts secured by this Deed a€ ` st.
12. Grantor agrees tQ ceep at GranT60-IM ress, or such o place as
Lender may approve, accounts axe tis reflecting-A- he operation of the Property and
copies of all written contracts, leas ,an i- �e� instrum-fit that affect the Property; (b)
prepare financial accounting records—in comp once with gem lly accepted accounting
principles consistently applied; and, ::&at bender s equest vhr=reasonable notice from
time to time, permit Fender-to examiln_e an r►aareIR .- s of such books, records,
contracts, leases,and other ins ments at aA__ sonable fi"me.
13 _ Grantor=ogee -celivr to Lender, at Lenders request from time to time,
intern&l . repaWd finant i.W statexneut not Giar►tor and any guarantor of the Note
pre yedr in aco(YrRai}ce w€I% generally%bp epted accounting principles consistently
appliin detail reasonably satisfactory to Lender and certified to be materially true and
correct--Iy_the chief financial officer.of Grantor or its certified public accountant, as
applicabl% _ -
14. rider or an appraisal of the Property while a default exists or to
comply with IegaTxirena—ents affecting Lender, Grantor, at Lender's request, agrees to
reimburse Lender foft=tlaeasonable cost of any such appraisal. If Grantor fails to
reimburse Lender for any, such appraisal within 20 days of Lender's written request, that
failure is a default under this Deed of Trust.
15. Grantor agrees to allow Lender or Lender's agents to enter the Property
during regular business hours upon at least 48 hours prior notice and inspect it and any
personal property in which Lender is granted a security interest by this Deed of Trust.
16. Grantor may not sell, transfer, or otherwise dispose of any Property,
whether voluntarily or by operation of law, except for condemnation or to obtain utility
DEED OF TRUST—HOME CHDO FUNDS Page S
TCHP—3616 Eagle Nest St Rev.4-30-15
casements, without the prior written consent of Lender. If granted, consent may be
conditioned upon (a) the grantee's integrity, reputation, character, creditworthiness, and
management ability being satisfactory to Lender; and (b) the grantee's executing, before
such sale, transfer, or other disposition, a written assumption agreement containing any
terms Lender may reasonably require, such as a principal pay down on the Obligations,
an increase in the rate of interest payable with respect to the Obligations, a transfer fee, or
any other modification of the Note, this Deed of Trust, or any other instruments
evidencing or securing the Obligations.
Grantor may not cause or permit any Property :tabe encumbered by any liens,
security interests, or encumbrances other than the liens"securing the Obligation and the
liens securing ad valorem taxes not yet due andpayable_and the Permitted Exceptions
without the prior written consent of Lender. If grarited, cod-Mt-may be conditioned upon
Grantor's executing, before granting such==lien, a writterrodification agreement
containing any terms Lender may require;-such as a prind1W pay down on the
Obligations, an increase in the rate of inter-e ayable with respect-t he Obligations, an
approval fee, or any other modification of b=_Note, this, Deed of M or any other
instruments evidencing or securing the Obligatiari
Grantor may not grant a = ez security 'interest, or other encumbrance (a
"Subordinate Instrument") coveririhe- zaeriy that is-subordinate to the liens created
by this Deed of Trust without the priMyrittAftsent of X Winder
If grante W_i& t far loans and documei ts° nay be conditioned upon the
Subordinate Inst M is containing express.Povenants to th'6 effect that-
a _-- the Sub&dinat-c——.- nent is u nditionally subordinate to this Deed of
-- - - -
= nz�t __ _ -=
e. in the event of the bankruptcy of Grantor, all amounts due on or with,
respect to the Obligations and this Deed of Trust will be payable in full
before any payments on the indebtedness secured by the Subordinate
Instrument.
Grantor may not cause or permit any of the following events to occur without the
prior written consent of Lender: if Grantor is (a) a corporation, the dissolution of the
corporation or the sale, pledge, encumbrance, or assignment--of any shares of its stock; (b)
a limited liability company, the dissolution of the c _ any or the sale, pledge,
encumbrance, or assignment of any of its membership= sts, other than an assignment
to a senior lien holder or to the Investor Memb __general partnership or joint
venture, the dissolution of the partnership or ventuFeW the sale, pledge, encumbrance, or
assignment of any of its partnership or joint yerit rre interests�e withdrawal from or
admission into it of any general partner or [ nt venturer; or (d)a=lmited partnership, (1)
the dissolution of the partnership, (2) the §W ledge, encumbrance ofiassignment of any
of its general partnership interests, or the withdrawal from or admi!M into it of any
general partner, or (3) except for._a limited partnership=ra rest in a low='ni"ome housing
project, the withdrawal from ofR ssion into WE any controlling limited partner or
partners. If granted, consent na=be-conditioned ups (a} the integrity, reputation,
character, creditworthiness, and management- ability vf2_the person succeeding to the
_ — _he
ownership interest in Grantor (or sed�ity fniM�t n such.-ownership) being reasonably
satisfactory to Lender the execution, befbiri, event by the person succeeding
=_
to the interest of-Grantor-in=_the Proper ,or ownershW-- terest in Grantor (or security
interest in such o exship) oC-written mo-W�-�' cation or assurription agreement containing
such terms as Leri ay SAM-onably req Tp, such as a principal pay down on the
Obligatio a--�n increa _ th_ to f interest-payable with respect to the Obligations, a
transfer_=fie;=a�ai�y other i cZ�W
e=E%ote, this Deed of Trust, or any other
instruments evideric =nor se�arng tions.
=_= f� -4
_ Grantor awes not 0-.-grant any future lien or security interest in the
Property-M permit anyzture jurl�r encumbrance to be recorded or any existing or
future claire =wherwise beOdzne an encumbrance against the Property. If an involuntary
encumbrance i -=wed against-the Property, Grantor agrees, within 30 days of actual
notice, to either remove th-e-involuntary encumbrance or insure against it or provide a
bond acceptable to Lender against the involuntary encumbrance.
18. This Deed of Trust binds, benefits, and may be enforced by the successors
in interest of all parties.
19. If Grantor and Borrower are not the same person, the term Grantor
includes Borrower.
20. Except as may be specifically stated in this Deed of Trust or the Note,
Grantor and each surety, endorser, and guarantor of the Obligations waive all demand for
DEED OF TRUST-HOME CHDO FUNDS Page 10
TCHP-3616 Eagle Nest St Rev.4-30-15
payment, presentation for payment, notice of intention to accelerate maturity, notice of
acceleration of maturity, protest, and notice of protest, to the extent permitted by law.
21. Grantor agrees to pay reasonable attorney's fees, trustee's fees, and court
and other costs of enforcing Lender's rights under this Deed of Trust if this Deed of Trust
is placed in the hands of an attorney for enforcement.
22. If any provision of this Deed of Trust is determined to be invalid or
unenforceable, the validity or enforceability of any other pry_yisivn will not be affected.
23. The term Lender includes any mortgage- veer for Lender.
_A
24. Grantor represents that this Deed_.of=Trust "n Ahe Note are given for the
following purposes:
Grantor expressly acknowledges a--'vendor's lien on the Prt�p�sty as security for
the Nate secured by this Deed of T t, which_=represents fM8 advanced by
Lender at Grantor's request. The debt evx fence l-=y the Note is in `yment of the
purchase price of the `q_perty and the- e�e_Tapment costs of the Required
Improvements as describe d=ln Elie:Contract; the debt is secured both by the Deed
of Trust and by a vendor's lien Qn=the.Property. This Deed of Trust does not
waive the vend_ae-s lien, and the two liens_and the riglits created by this Deed of
Trust are curd = Lender. ay elec =enforce Fier of the liens without
waiving 001her or may enforce bQth.:
25. If the Property is transferred .by foreclosure, the transferee will acquire
title to all-insurance policies ori:the Property including all paid but unearned premiums.
E. == Constructivnoan Mortgage
_ ___
This Deed - Trust s-a "construction mortgage" within the meaning of
Section 5-334_ of the Texas-_Business-and Commerce Code. The liens and security
interests crest _and granted-by this Deed of Trust secure an obligation incurred for the
construction or rehabilitatiof improvements on land.
2. Grantors to comply with the terms, covenants and conditions of City
Secretary Contract Nd 45978-Al between Grantor and Lender (the "Contract") which
requires the Note and this Deed of Trust. All advances made by Lender under the
Contract will be indebtedness of Grantor secured by the liens created by this Deed of
Trust, and such advances are conditioned as provided in the Contract.
3. All amounts disbursed by Lender before completion of the improvements
to protect the security of this Deed of Trust up to the principal amount of the Note will be
treated as disbursements under the Contract. All such amounts will bear interest from the
date of disbursement at the rate Stated in the Note, unless collections from Grantor of
DEED OF TRUST—HOME CHDO FUNDS Pagel l
TCHP—3616 Eagle Nest St Rev.4-30-15
interest at that rate would be contrary to applicable law,in which event such amounts will
bear interest at the rate stated in the Note for matured, unpaid amounts and will be
payable on notice from Lender to Grantor requesting payment.
4. From time to time as Lender deems reasonably necessary to protect
Lender's interests, Grantor will, on request of Lender, execute and deliver to Lender, in
such form as Lender directs but subject to the rights of any senior lien holders,
assignments of any and all rights or claims that relate to the construction of
improvements on the Property. -
5. In case of breach by Grantor of the to – o;renants and conditions of the
Contract, Lender, at its option, subject to applicabl,- gate and cure periods, with
or without entry on the Property,may(a) invoke anthous or remedies provided in
the Contract, (b) accelerate the amounts secured by this Deaf Trust and invoke the
remedies provided in this Deed of Trust, or(c) do both.
F. THIS CONVEYANCE IS MADE AWD__ ACC = ED SUHUX- T TO THE
FOLLOWING CONDITIONS AND RESTRIG
The Note secured by this-Deed of Trust ism-Note required in the Contract
between Grantor and Lender and has been execute nd delivered in accordance
with its terms. The funds advanced by Lender are H� funds and the Contract
requires that the Required Improvements constructed witme HOME funds on the
Property (the "house") must be sold to a 110N.IE Q0Buyer in accordance with
the HOME Regulations, all i3s more particularly described in the Contract. The
Obligations described in the Contract evidenced by the Note and secured by this
Deed of Trust will be in default if the house is not sold to a HOME Eligible Buyer as
more particularly described in the Contract.
-This Deed of-Trust has also been executed and delivered pursuant to the
terms of the Contract. --Grantor agrees to perform each and every obligation set
forth therein and will net_hermit a=:default to occur thereunder. Any default in the
performance of Grantor's obligations under the terms of the Contract or the
HOME Program or HOME Regulations shall be deemed a default in the terms of
the Note and Lender may invoke any remedies provided herein for default.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
DEED OF TRUST—HOME CHDO FUNDS Page 12
TCI-IP—3616 Eagle Nest St Rev.4-30-15
THE CONTRACT, THE NOTE AND THE DEED OF TRUST
CONSTITUTE THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT
BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
TARRANT COUNTY HOUSING
PARTNERSHIP, INC., a Texas nonprofit
corporation ..r
By:
Doan '_ esS�, sident
STATE OF TEXAS
COUNTY OF TARRANT --
This instrment was ackno■ le(IL,0 before mc on _ . 2015 by
Donna VanNess, the President of 'Tarrant Cowzty HOU'ilI Partnership, Inc., a Texas
nonprofit corporation, on behalf of such corporation. _
_ – Notary Public, State of Texas
T
AFTER RECORDING R&TURN 'r0:
City of Fort Worth 1—ma
City Attorney's 01TIce
Attention: Virlti-4:Gans1�
IODU Thrackmnrton ,trFF
Fort Worth,Texas 76102
DEED OF TRUST—HOME CHDO FUNDS Page 13
TCHP—3616 Eagle Nest St Rev.4-30-15
EXHIBIT "F"
REIMBURSEMENT FORMS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
3616 EAGLE NEST STREET
CHDO Funds--Exhibit"F'—Reimbursement FormsPage l
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
Attachment I
INVOICE
Developer: Tarrant County Housing Partnership, Inc.
Address: 3204 Collinsworth St., Fort Worth, TX 76107
Project Site Address: 3615 Eagle Nest Street, Fort Worth, TX 76106
Tax: I D
Period of Service:
Program Amount -
This Invoice Cumulative to Date
Developer Certification: i certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
Developer. By signing this invoice, I certify that to the best of my
knowledge and belief the data included in this report, Exhibit G, and in all
backup documentation is true and accurate. It is acknowledged that the
provision of false information could leave the certifying official subject to
the penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
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EXHIBIT "G"
HOME PROJECT COMPLIANCE REPORT
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
3616 EAGLE NEST STREET
CHDO Funds--Exhibit"G"—HOME Project Compliance Report Page 1
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
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EXHIBIT "H"
DAVIS BACON REQtiIREMENTS-FEDERAL LABOR STANDARDS PROVISIONS
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
3616 EAGLE NEST STREET
CHDO Funds—Exhibit"H"--Davis Bacon Requirements Page i
Tarrant County Housing Partnership, Inc.—3616 Eagle Nest Street Rev.4-30-15
Exhibit "H"
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification In the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate. Including any bona fide
assistance, fringe benefits, bears a reasonable relationship to the
A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination.
employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
{except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate}, a report
Copeland Act (29 GFR Past 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Flour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 34-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. {Approved by the Office of
under section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140,}
laborers or mechanics, subject to the provisions of 29 CFR
5.5{ay(1}{ivy; also, regular contributions made or Costs (c) In the event the contractor, the laborers or mechanics
incurred for more than a weekly period (but not less often be employed in the classification or their
re
than quarterly) under plans, funds, or programs, which representatives, and HUD ❑r its designee do not agree an
the proposed classification and wage rate (including the
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate},
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of atl interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skM. except as provided in 29 CFR 5.5(a)t4), representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination (including any
additional classification and wage rates conformed under {d} The wage rate {including fringe benefits where
appropriate} determined pursuant to subparagraphs
29 CFR 5.5{a}(1){ii} and the Davis-Bacon paster (WH-
1321} shaft he posted at all times by the contractor and its (1y{ii}{b) or {c} of this paragraph, shall be paid to all
subcontractors at the site of the work in a prominent and workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
the classification,
workers.
(it) (a) Any class of laborers or mechanics which is not (III) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and wage determination or shalt pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof.
have been met: (Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD4010{[]612009}
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor. that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or Its designee shall upon Its own 1215.0140 and 1215-4017.)
action or upon written request of an authorized (II) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but it the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor. or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely ail of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5,5(a)(3)(1) except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or each employee (e.g.. the last four digits of the employee's
helper. employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract, HUD or its Information may be submitted in any form desired,
designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further ht(p'Ilwww[!o1_aovlesalwlydlformslwh347ip,;tr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency Is not such a party, the
contracts. contractor will submit the payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address. and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section 1(h)(2)(B) of the Davis-bacon Act), daily and 1215-0149.]
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance,' signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been correct and complete;
Previous editions are obsolete form HUD-4010(0612009)
Page 2 of 5 ret.Handbook 1344.1
(2) Thal each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above.
apprentice, and trainee) employed on the contract during shall be paid not fess than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned. other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed. as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract, rate) specified in the contractor's or subcontractor's
(c) The weekly submission of a property executed registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
certification set forth on the reverse side of Optional Form registered program fpr the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
'Statement of Compliance" required by subparagraph
A.3.00(b). specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. if the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(111) The contractor or subcontractor shall make the classification. It the Administrator determines that a
records required under subparagraph A.3.(i) avaltable for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. in the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training. Employer and Labor Services, or a State
interview employees during working hours on the job. It Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available. HUD or its designee contractor will no longer be permitted to utilize
may, alter written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (H) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant %to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(1) Apprenttces. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship than permitted under the plan approved by the
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services. or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shalt be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program, if the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee fisted on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010(0&21Da9y
Page 3 of 5 ref.Handbook 1344.1
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any
any trainee performing work on the rob site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
pard not less than the applicable wage rate on the wage or 29 GFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the particlpate in HUD programs pursuant to 24 CFR Part 24,
event the Employment and Training Administration
withdraws approval of a training program, the contractor (iii) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1441. Additionally,
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C..
until an acceptable program is approved. "Federal Housing Administration transactions", provides in
part- "Whoever, for the purpose of . . . influencing in any
(Ill) Equal employment opportunity. The utilization of way the action of such Administration...., makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,444 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both."
amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by
5. Compllance with Copeland Act requirements. The Employees. No taborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary• or other labor standards provisions of this Contract
Part 3 which are lncorporated by reference in this contract are applicable shall be discharged or in any other manner
S. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor at any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 1 S in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The
subcontracts The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terns"laborers"and"mechanics"include watchmen and guards.
paragraph.
(1) Overtime requirements. Na contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shalt require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such taborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning tabor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such Contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, S, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards.
10. (t) Certification of Eligibility. by entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davls-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete farm HUES-4010(0612049)
Page 4 of 5 ref.Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shalt
insert in any subcontracts the clauses set forth in
subparagraph (1y through (4) of this paragraph and also a
clause requiring the subcontractors to include these
cfauses in any tower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph,
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,OW.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). C
3701 et seg.
(3) The contractor shall include the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsoiete form HUD-401 0(M2OO9)
Page 5 of 5 ref.Handbook 1344.1
Page I of 4
General Decision Number: TX150025 01/02/2015 TX25
Superseded General. Decision Number: TX20140025
State: Texas
Construction Type: Residential
Counties: Johnson, Parker and Tarrant Counties in Texas.
Residential Projects consisting of single family homes and
apartments up to and including 4 stories.
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
E0, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
* SUTX1990-020 04/01/1990
Rates Fringes
CARPENTER (excluding drywall
hanging and form setting) . . . . . . .$ 9.315
CEMENT MASON/CONCRETE
FINISHER (Excluding form
setting) . . . . . . . . . . . . . . . . . . . . . . . . .$ 9.48
DRYWALL HANGER. . . . . . . . . . . . . . . . . . .$ 9.00
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 10.214
Form Setter. . . . . . . . . . . . . . . . . . . . . .$ 9.194
HVAC MECHANIC (including
duct, excluding pipe work) . . . . . . .$ 8.337
Laborer, common. . . . . . . . . . . . . . . . . .$ 7.25
Painters:
Brush. . . . . . . . . . . . . . . . . . . . . . .$ 8.85
Spray. . . . . . . . . . . . . . . . . . . . . . .$ 10.00
'LUMBER (Including HVAC WORK) . . . .$ 10.687
ROOFER, Including Built Up,
i,++, //ixnyn:,.:Trr%1 n,mAxrr4n1/vrQfi6,v MniriuknornlTY']S r]v'k'hr—f] 4/27/2015
Page 2 of 4
Composition and Single Ply
Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . .S 8,645
Sheet Metal Worker (Excluding
HVAC-duct work) . . . . . . . . . . . . . . . . . .$ 14 .103
TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 11.50
TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$ 7.25
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
-------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "5U" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198--005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
.indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is duly 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
httn://www_wdol.gov/wdoll.qcafiiesldavisharonrff25.dvh?v=O 4127/2015
Page 3 of 4
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non---union rates. Example: SULA2012--007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indi-cates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey. related matters, initial contact, including requests
for summaries of surveys, should be with the wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.]
and 3. ] should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
t....+.,.11.....�.....,I,.1 .`.... ..,]..51......r:t....la....:..1......,....ImV'1G '7_1.9_n A/)7MnI S
Page 4 of 4
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFA Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 2021.0
4.) All decisions by the Administrative Review Board are final.
EMD OF GENERAL DECISION
httn:llwww.wdol-aov/wdnilscafilesldavisbaenn/TX25.dvb?v--O 4/27/2-01.5
EXHIBIT "X"
SECTION 3 REPORTING FORMS
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
361.6 EAGLE NEST STREET
CHDO Funds—Exhibit"I"—Section 3 Reporting Forms Page I
Tarrant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev.4-30-15
EXHIBIT Itl
Section 3 Summary Report U.S.Depaftment of Housing CMB Approval No: 2529-0043
Economic Opportunities for and Urban development (exp.11/30/2010)
Low—and Very Low-Income Persons Office of Fair Housing
And Equal Opportunity Hun Ftefd Otrnca:
Section back of page for Public Reporting Burden statement
1.Recipient Name S Address: (street,city,state,zip) 2.Federal Ider miicalion: (grant no.) 3. Total Amount of Award:
4.Contact Person 5.Phone: (Include area oodey
fi.Length of Grant 7.Reporting Period
B.Date Report Submilled: 9.Program Cuda: (Use separate sheet 10. Program Name:
for each program code)
Part l: Employment and Training "Columns B,C and F are mand ory fields. Include New Hires in E&
A 8 C 0 E F
Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3
Job Category New Was Hires that are of Staff Hours of New Hires for Section 9 Emptayaes Trainees
Sec 3 Residents that are Sec.3 Residents and Trainees
Professionals
Technicians
Office/Clerical
Construction by Trade(List)
Trade
Trade
Trade
Trade
Trade
Other List
Total
Program Codes 3=Publoo fndlan Housing 4=Homeless Assistance a=CDBG State Administered
1=Flexrble Subsidy A=Development, 5=HOME 9=Ottner CD Programa
P=Section 207117]1 8=Operation 6=HOME State Administered 10=Other Housing ProWams
C=Modernization 7=CaBG aMiement
Page 1 of 2 form HUG 60002(Gr2001)
Ref 24 CFR 135
Part II: Contracts Awarded
1. Construction Contracts-
A. Total dollar amount of all contracts awarded on the project $
B. Total do;lar amount of contracts awarded to Section 3 businesses 5
C. Percentage o1 the total dollar amount that was awarded to Section 3 businesses %
0. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts.
A. Total dollar amount all non-construction contracts awarded on the projectlactivity $
B. Total dollar amount of non-cc nstructon contracts awarded to Section 3 businesses 5
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
ID. Total number of Section 3 businesses receiving non-construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who
are recipients of government assistance for housing. (Check all that apply)
Attempted to recruit low-income residents through; local advertising media,signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area(or
nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business ccncems which meet the
definition of Section 3 business concerns-
Coo rdinated
oncerns.Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other;describe below.
Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
This agency may not collect this information,and you are nat required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C.1701 u,mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to
assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying
information is not included.
Page 2 of 2 form HUD 60002(11/2010)
Rsf 24 CFR 135
Form HUD-50002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-income Persons.
Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at
accomplishments regarding employment and other economic the bottom of the page.
opportunities provided to iow-and very low-income persons under 9. Program Name: Enter the name of HUD Program corresponding
Section 3 of the Housing and Urban Develop ment Act of 1968. The with the"Program Code'in number 8.
Section 3 regulations apply to any public and Indian housing
programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities
Section 5 of the U.S.Housing Act of 1937;(2)operating assistance Column A. Contains variousjob categories. Professionals are
pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e.
modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer
of 1937 and to reclplents of housing and community development programmers). For construction positions,list each trade and provide
assistance In excess of$200,000 expended for, (1)housing data in columns B through F for each trade where persons were
rehabilitation{ncluding reduction and abatement of lead-based paint employed. The category of'Other"includes occupations such as
hazards);(2)housing construcrion;or(3)other public construction service workers.
projects;and to contracts and subcontracts In excess of$744,048 Column 8: (Mandatory Field) Enter the number of new hires for
awarded in connection with the Section-3-covered activity, each category of workers identified in Column A in connection with
Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's
all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the
andfraining.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered
employ mentltraining goals either on the basis of the number of hours assistance.
worked by new hires(columns B.D.E and F). Part II of the form Column C: (Mandatory Field) Enter the number of Section 3 new
relates to contracting,and Part Ill summarizes recipients'efforts to hires far each category of workers identified in Column A in
comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3
Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for
maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or
assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance.
directed toward low-and very Iew-income persons." A recipient of Column D: Enter the percentage of all the staff hours of new hires
Section 3 covered assistance shall submit ane copy of this report to (Section 3 residents)in connection with this award.
HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for
Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected
performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time
same time the program performance report is submitted. Where an positions.
annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3
submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award.
within 19 days of project completion. Only Prime Recipients are Part il: Contract Opportunities
required to report to HUD. The report must include Block 1: Construction Contracts
accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the
contractors and subcontractors. projectlprogram.
HUD Field Office: Enter the Field Office name. Item 8: Enter the total dollar amount of contracts connected with this
1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses.
submitting this report. Item C: Enter the percentage of the total dollar amount of contracts
2. Federal Identification: Enter the number that appears on the connected with this projectlprogram awarded to Section 3 businesses.
award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards.
cooperative agreement or contract. Block 2: Non-Construction Contracts
3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the
nearest dollar,received by the recipient. profectlprogram.
4&5. Contact PersonlPhone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this
of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses.
implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts
8. Reporting Period: Indicate the time period(months and year) connected with this prrojectlprogram awarded to Section 3 businesses.
this report covers. Item D: Enter the number of Section 3 businesses receiving awards.
7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory
Submit one(1)copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent
performance report is subnn#ed to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that
report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction casts
during the period specified in item 8. PHAM HAs are to report all or unusually high-or low-income families_ Very low-Mcom e persons mean
contracts/subcontracts. low-income families(including single persons)whose incomes do not
exceed 50 percent of the median family income area,as determined by the
The terms'low-income persons"and very low-income persons'have Secretary with adjustments or smaller and larger families,except that the
the some meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of
States Housing Act of 1937Low-income persons mean families the median for the area on the basis of the Secretary's findings that such
(including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusual ry high or low family incomes.
the median income for the area,as determined by the Secretary,with
adjustments for smaller and larger families,except that
Page i form HUD 6WOZ(1112410)
Rei 24 CFR 135
EXHIBIT 46X"
STANDARDS OF COMPLETE DOCUMENTATION
TARR.AANT COUNTY HOUSING PARTNERSHIP,INC.
3616 EAGLE NEST STREET
CHDO Funds-Exhibit-T"-Standards of Complete Documentation Page 3
Tarrant County Housing Partnership, Inc.--3616 Eagle Nest Street Rev.4-30-15
FORT WORTH.,
Standard of documentation for Reimbursement of Development Costs
Cost Type documentation Standard
Acquisition of Real Property - Notice to Seller(date must be on or before the date of options agreement
or sales contract and signed by the buyer and seller)
Recorded Deed of trust
Purchase Agreement wJ Required HUD language
Master Settlement Statement/HUD-1
Appraisal or other document used to determine purchase price
Proof of Payment(bank statement/cancelled check)
Verification of Vacant Status (as applicable)
Pre-development and Soft . Invoice
Costs(Architect, Engineer, - Invoice should include:
Landscape Design,Surveys, date;
Appraisals, Environmental, Legal company's letterhead;
Fees,Other Consultants,Etc.) address for which service is provided;
description of service(s)and item(s);
amount for itemized services;and
total amount
Proof of Payment(ie,bank statement or cancelled check)
Fully executed contract/service agreements/letter agreement and
applicable amendments
- Provide printout from www.sam.gov verifying
contractor subcontractor is not listed on the debarred and
suspension list
If only a portion is being paid with City funds,then show calculation and
documentation of how costs are allocated.
Construction Costs(Contractors& - Invoice
Subcontractors) - invoice should include:
date;
company's letterhead;
address for which service is provided;
description of service(s)and item(s);
amount for itemized services; and
total amount
Proof of Payment(i.e.bank statement or cancelled check)
Copy of applicable inspection report(s)conducted by HED Inspector
Copy of executed agreements
Provide printout from www.sam.gov verifying
contractor/subcontractors are not listed on the debarred and
suspension list
Housing and Economic Development
FINAL as of 1/9/2015 Page 1
FORT WORTH,
Standard of Documentation for Reimbursement of Development Costs
Construction Costs(contractors& . If only a portion is being paid with City funds, then show calculation of
Subcontractors) how costs are allocated.
(continued) . Far payment of final retainage for the prime contractor,lien waivers for
the prime and all subcontractors.
List of subcontractors
Materials Purchased Directly by - Invoice
Developer(if applicable) - Invoice should include:
date;
company's letterhead;
address where materials will be used;
description of service(s)and items);
cost by quantity;and
total amount
• Proof of Payment(i.e. bank statement or cancelled check)
Verification of Delivery
Developer Fee - Final Invoice Reflecting Total Development Cost
(if paid directly from HOME funds) . Proof of payment for any other entity funding source contributing to
development costs.
■ Show calculation of agreed upon developer fee percentage
Copies of final lien releases from contractorlsubcontractor
Complete Documentation income eligibility of buyerslrenters (Le. income
docs for eligible homebuyer tenants,sales contract between
developer/homebuyer,HAP Deed of Trust w/required affordability period
language,etc.)
o Lease documents
• Final inspections of completed units
Housing and Economic Development
FINAL as of 1/9/2015 Page 2
EXHIBIT "K"
MBE REPORTING FORM
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
3616 EAGLE NEST STREET
CHDO Funds—Exhibit"K"—MBE Reporting Form Page i
Tan-ant County Housing Partnership,Inc.—3616 Eagle Nest Street Rev,4-30.15
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M&C Review Page I of 2
Official site or the City of Fort Worth,Texas
CITY COUNCIL AGENDA Falu Ta
Rm
COUNCIL ACTION: Approved on 411412015
DATE: 411412015 REFERENCE NO.:C-27264 LOG NAME: 17NS NSTCHPASSIGN
CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Assignment of Contracts for the Development of the Hardy Street Single Family
Infill Development Located in the Diamond Hill--Jarvis Neighborhood Using $1,300,000.00
of HOME Investment Partnerships Program Grant Funds and Assignment of Purchase and
Sale Agreement for the Direct Safe of Twenty-One Lots for the Development from the Fort
Worth Housing Finance Corporation to Tarrant County Housing Partnership, Inc.
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute an assignment of contracts for the
development of the Hardy Street Single family Infill Development located in the Diamond Hill-Jarvis
Neighborhood using $1,300,000.00 of the City's HOME Investment Partnerships Program grant funds
from the Fort Worth Housing Finance Corporation to Tarrant County Housing Partnership, Inc.;
2. Authorize the City Manager or his designee to execute an assignment of the Purchase and Sale
Agreement for the direct sale by the City of twenty-one lots for the development in the amount of
$132,000.00 from the Fort Worth Housing Finance Corporation to Tarrant County Housing
Partnership, Inc.;
3. Authorize the City Manager or his designee to amend the HOME contracts to include all
Community Housing Development Organization requirements and a ten percent developer fee;
4. Authorize the City Manager or his designee to amend the contracts and the Purchase and Sale
Agreement if necessary to achieve project goals provided that the amendment is within the scope of
the project and in compliance with City policies and applicable laws and regulations governing the
use of federal grant funds; and
5. Authorize the City Manager to substitute funding years in order to meet commitment,
disbursement and expenditure deadlines for grant funds from the United States Department of
Housing and Urban Development.
DISCUSSION:
On September 23, 2014, the City Council authorized the change in use and expenditure of
$1,300,000.00 of the HOME Investment Partnerships Program grant funds to the Fort Worth Housing
Finance Corporation (FWHFC)for the development of the Hardy Street Single Family Infill
Development, and authorized the direct sale of 21 lots to the FWHFC for the development for
$132,000.00 (M&C C-27008).
Staff recommends the assignment of the HOME funds contracts and the purchase and safes
agreement for the lots from the FWHFC to Tarrant County Housing Partnership, Inc. (TC HP), a
Community Housing Development Organization (CHDO) and an experienced single family affordable
housing developer. These assignments will allow the City to meet its CHDO spending and
commitment goals with the United States Department of Housing and Urban Development(HUD).
The City receives approximately$2,000,000.00 in HOME funds each year and HUD requires that 15
percent of those funds must be set aside to be spent by a CHDO.
NJhC Review Page 2 of 2
Staff recommends amending the HOME funds contracts to incorporate all CHDO requirements,
including a standard 10 percent CHDO developer fee in order to comply with HUD regulations far
CHDOs.
This project is located in COUNCIL DISTRICT 2, Mapsco 48Z_
FISCAL INFORMATION/CERTIFICATION:
The Fiscal Year 2015 budget included appropriations of$1,615,439.38 in the Grants Fund for this
purpose. To date, the appropriations have not been expended. Upon approval of these
recommendations, the Financial Management Services Director certifies that funds are available
within the existing appropriations for the Hardy Street Single Family Infill Project,
TO FundlAccountlCenters FROM FundlAccountlCenters
GR76 539120 005206181640 $1,000.000.00 GR76 539120 005206181070 $400,000.00
GR76 539120 005206271640 1179.440.54 GR76 539120 005206181160 $55,000.00
GR76 539120 017206461640 5120.559.46 GR76 539120 005206181360 $545,000-00
GR76 539120 005206271990 $179,440.54
GR76 539126 017266461990 $126,559.46
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Ana Alvarado (7536)
ATTACHMENTS
Map.pdf
11 r - I I -I -- --- n I r I n r, a I- n 1�A 1� 1 �
M&C Review Page I of 4
official site of the City of Fort Worth,Texas
FOR-f WORTH
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 9/23/2014
DATE: 912312014 REFERENCE C--27008 LOG NAME: 17HFCHARDYLOTS
NO..
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING.
SUBJECT: Authorize Change in Use and Expenditure of$1,300,000.00 of HOME Investment
Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation in the
Form of a Subordinate Loan for Development of Up to Twenty-One Single Family
Houses for the Hardy Street Single Family Infill Project Located in the Diamond Hill-Jarvis
Neighborhood, Authorize Execution of a Contract, Authorize Sale of the Twenty-One
Platted Lots to the Fort Worth Housing Finance Corporation for the Development in the
Amount Not to Exceed $132,000.00, in Accordance with Section 272.001(g)of the Texas
Local Government Code, and Authorize Substantial Amendment to the City's 2047-2008,
2008-2009 and 2010-2011 Action Plans(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a substantial amendment to the City's 2007-2008, 2008-2009 and 2010-2011 Action
Plans;
2. Authorize the City Manager, or his designee,to substitute funding years in order to meet United
States Department of Housing and Urban Development commitment, disbursement and expenditure
deadlines;
3. Authorize the change in use and expenditure of$1,300,000.00 in prior years HOME Investment
Partnerships Program Grant funds to the Fort Worth Housing Finance Corporation in the form of a
subordinate loan for the development of the Hardy Street Single Family Infill Project, a development
of up to twenty-one houses located on Eagle Nest Street and Hardy Street;
4. Authorize the City Manager, or his designee,to execute a conditional commitment with the Fort
Worth Housing Finance Corporation for a five-year subordinate deferred forgivable loan that
conditions funding on, among other things, satisfactory completion of HOME requirements;
5_ Authorize the City Manager, or his designee, to execute a contract with the Fort Worth Housing
Finance Corporation for the construction and completion of the project for a term beginning on the
date of execution of the contract and ending five-years from the date of execution;
6. Authorize the City Manager, or his designee, to amend the contract for up to two one year
extensions if the Fort Worth Housing Finance Corporation requests an extension and such extension
is necessary for completion of the project;
7. Authorize the City Manager, or his designee, to amend the contract if necessary to achieve project
goals provided that the amendment is within scope of the project and in compliance with City policies
and applicable laws and regulations governing the use of federal grant funds;
8. Authorize the direct sale of twenty-one platted properties located on Eagle Nest Street and Hardy
Street to the Fort Worth Housing Finance Corporation, in accordance with Section 272.001{g} of the
M&C Review Page 3 of 4
all 21 lots. The HFC is responsible for all closing costs on this transaction. The City advertised the
intent to sell the property in the Fort Worth Star-Telegram on August 24, 2014, August 31, 2014,
September 7, 2014 and September 14, 2014.
Address Legal Description
3600 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 7
3601 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 7
3608 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 6
3609 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 6
3616 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 5
3617 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 5
3624 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 4
3625 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 4
3632 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 3
3633 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 3
3640 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 2
3641 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 2
3648 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 1
3649 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 1
3601 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 14
3609 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 13
3617 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 12
3625 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 11
3633 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 10
3641 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 9
3649 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 8
This project is located in COUNCIL DISTRICT 2, Mapsco 482.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
+ , 'r •+ i ./ nTTI _.rl!"l•'1/A n _ .__.__'Y�_�__nN'f'f Inn? A AIII A III nIC
M&C Review Page 4 of 4
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206181640 $1.000.000.00 GR76 539120 005206181074 $400,000.00
GR76 539120 005206271640 $179.440.54 GR76 539120 005206181160 $55.000,00
GR76 539920 017206461640 $120.559.46 GR76 539120 005206181360 $545MO.00
GR76 539120 005206271990 $179,440.54
GR76 539120 017206461990 X120.559_46
Submitted for City Manager's Office by: Fernando Costa (5122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Bette Chapman (6125)
ATTACHMENTS
M&C Review Page 1 of 2
Official site of the City of Fort Worn,Texas
CITY COUNCIL AGENDA FoR rl
COUNCIL ACTION: Approved on 611012014
DATE: 6110!2014 REFERENCE .'C-26825 NAME:LOG 17HARDYLOTSTOHISTORYMAKER
CODE: C TYPE: CONSENT PUBLIC NO
NG
SUBJECT: Authorize Execution of an Option Agreement with HMH Lifestyles, LP d/b/a HistoryMaker
Homes, or One of its Affiliates for the Sale of Three Platted Lots in the Diamond Hill-
Jarvis Neighborhood to Construct Single Family Houses to be Sold to Low to Moderate
Income Buyers, in Accordance with Section 272.001(g) of the Texas Local Government
Code(COUNCIL DISTRICT 2)
RECOMMENDATION:
it is recommended that the City Council:
1. Authorize the City Manager or his designee to enter into an Option Agreement with HMH Lifestyles, LP
d/b/a HistoryMaker Homes, or one of its affiliates for the direct sale of three platted lots in the Diamond Hill-
Jarvis Neighborhood to construct single family houses to be sold to low to moderate income buyers, in
accordance with Section 272.001(g)of the Texas Local Government Code; and
2. Authorize the City Manager or his designee to execute and record the appropriate instruments conveying
the properties to complete the sale.
DISCUSSION:
The City Council authorized a total of $1,658,724.00 in Community Development Block Grant (CDBG)
funds for the Hardy Street Single Family Infill Housing Development (Development) (M&C G-16852, M&C
C-24117, M&C G-16884, M&C G-17714 and M&C C-26054). The Development consists of the acquisition
of two tracts of land located at 3501 and 3517 Hardy Street and the demolition of an abandoned nursing
home. The two tracts of land at 3601 and 3617 Hardy Street have been acquired, the nursing home
demolished and the infrastructure improvements have been constructed which include water, sewer, street
lighting and a new neighborhood street. The tracts have been repiatted into 21 lots (Properties) to be sold
to a homebuilder to construct quality, affordable and accessible housing in the Diamond-Hill Jarvis
neighborhood.
Since CDBG funds were used for the Development, the houses ultimately constructed must be sold to
families earning 80 percent or less of Area Median Income (AMI), as defined by the U.S. Department of
Housing and Urban Development, in order to fulfill the national objective for the use of CDBG funds. Staff
has identified HMH Lifestyles, LP d/b/a HistoryMaker Homes (HistoryMaker), as the homebuilder to
purchase and construct the houses.
Staff recommends the sale of three lots to HistoryMaker on the following terms and conditions:
i. HistoryMaker shall pay a $1,400.00 option fee, independent consideration in the amount of$100.00 and
earnest money in the amount of$1,004.00 to be held in escrow at a title company;
ii. Sales price is$14,000.00 per lot;
iii. Properties must-be sold to individuals or households earning 80 percent or less of AMI, as published by
the U.S. Department of Housing and Urban Development(CDBG Requirement);
iv. A deed restriction will be recorded on the Properties to secure the performance of the CDBG
requirements;
v. HistoryMaker shall build three bedroom (with a four bedroom option), two bath and two garage houses;
.. - .... ., : , 1 �14n1n^IA Arnnrnnsr
M&C: Review Page 2 0f 2
and
vi. Each party agrees to pay its share of costs to close the transaction, which include but are not limited to,
recording fees, title commitment, surveys, and legal fees.
Lots 4Attachment A] Purchase Timeline
Price
Lots Block 4-R Lot 8, Block 4-R Lot 9, and No later than July 31,
Block 4-R Lot 10, Jarvis Heights Apartments $40,000.00 2x14
Addition
The City shall have the right to terminate the Agreement, if HistoryMaker fails to acquire the lots according
to the schedule above.
This project is located in COUNCIL {DISTRICT 2, Mapsco 48Z,
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that the Housing and Economic Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/AccountlCenters FROM FundlAccount/Centers
GR91 451685 005206466000 $30.000-00
Submitted for City Manager's Office by: Fernando Costa (5122)
Originating Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional InformationContact: Avis F- Chaisson (6342)
ATTACHMENTS
HardySale.pdf
Pro posed H a rdy House PI a n spdf
nTl1 irnnnn__-.... :ta a —ClinJMI/I AIM/'MIS
PROMISSORY NOTE
HOME CHDO Funds
Date: May 5,2015
f
Borrower: Tarrant County Housing Partnership, Inc.,
a Texas non-profit corporation
Borrower's Mailing Address:
3204 Collinsworth St.,Fort Worth,Tarrant County, TX 76107
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Lender: City of Fort Worth, Texas, a Texas municipal corporation
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Place for Payment:
C/O Director of Neighborhood Services Department
1000 Throckmorton St.
Fort Worth,Tarrant County,TX 76102
or at any other place that Lender may designate in writing
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Principal Amount: $1,144,500.00
Loan Authority:
The loan evidenced by this Note is being made pursuant to the HOME Investment
Partnerships Program authorized under Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1990, as amended, 42 USC 12701 et seq. ("HOME
Program") and the HOME Investment Partnerships Program Final Rule, as
amended, 24 CFR Part 92 et seq. (the"HOME Regulations")with HOME funds.
Annual Interest Rate: Zero Percent(0%)
Maturity Date: May 4, 2020
Terms of Payment(principal and interest):
This Note is the Promissory Note required in City Secretary Contracts Nos.
45978-A1, 45983-A1, 45980-A1, 45979-A1, 45977-A1, 45981-A1, and 45982-
Al between Borrower and Lender and has been executed and delivered in
accordance with these contracts (the "Contracts"). The funds advanced by Lender
are HOME funds and the Contracts require that the Required Improvements
constructed with the HOME funds on the Property (the "houses"),must be sold to
HOME Eligible Buyers in accordance with the HOME Regulations, all as more
particularly described in the Contracts. The Loan evidenced by this Note will be
in default if any of the houses are not sold to HOME Eligible Buyers, and in the
event of such default, Lender may invoke any remedies for default provided in the
Contracts or the Deed of Trust.
PROMISSORY NOTE—HOME CHDO FUNDS Page 1
TCHP—7 Lots Eagle Nest and Hardy Streets rev 05-05-15
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The Note is subject to all terms and conditions of the Contracts. The Loan will be
forgiven provided that (i) the houses are sold to a HOME Eligible Buyers in
accordance with HOME Program Requirements, (ii) Lender receives the Sales i
Proceeds, and (iii) Borrower is not otherwise in default of the Loan terms or the
Contracts. In the even the Loan is not forgiven in accordance with the terms of
the Contracts, the Principal Amount will be payable in full on the Maturity Date
under the terms and conditions as provided in the Contracts.
Security for Payment:
This Note is secured by a Deed of Trust of even date from Borrower to Vicki S.
Ganske or Leann D. Guzman, Trustee,which covers the following real property:
As more particularly described in the attached Exhibit "A", incorporated herein
for all purposes,
and commonly known as 3616 Eagle Nest Street, 3624 Eagle Nest Street, 3640
Eagle Nest Street, 3617 Hardy Street, 3625 Hardy Street, 3633 Hardy Street,
3641 Hardy Street,Fort Worth,TX 76106.
Other Security for Payment: As set forth in the Contracts
Borrower promises to pay to the order of Lender the Principal Amount under the
terms and conditions described in the Contracts if not otherwise forgiven. This Note is
payable at the Place for Payment and according to the Terms of Payment. All unpaid
amounts are due by the Maturity Date. After maturity, Borrower promises to pay any
unpaid principal balance.
If Borrower defaults in the payment of this Note or in the performance of its
obligations under the Contracts or the HOME Program or the HOME Regulations or any
other obligation in any instrument securing or collateral to this Note, Lender may declare
the unpaid principal balance, earned interest, and any other amounts owed on the Note
immediately due. Borrower and each surety, endorser,'and guarantor waive all demand
for payment, presentation for payment, notice of intention to accelerate maturity, notice
of acceleration of maturity,protest, and notice of protest,to the extent permitted by law.
Notwithstanding anything to the contrary, if a monetary event of default occurs
under the terms of any of the Loan documents,prior to exercising any remedies Lender shall
give Borrower written notice of such default. Borrower shall have a period of 30 business
days after such notice is given within which to cure the default prior to exercise of remedies
by Lender under the Loan documents. Notwithstanding anything to the contrary, if a
non-monetary event of default occurs under the terms of any of the Loan documents, prior
to exercising any remedies,Lender shall give Borrower written notice of such default. If the
default is reasonably capable of being cured within 30 days, Borrower shall have such
period to effect a cure prior to exercise of remedies by Lender under the Loan documents. If
the default is such that it is not reasonably capable of being cured within 30 days, and if
Borrower (a) initiates corrective action within said period, and (b) diligently, continually,
and in good faith works to effect a cure as soon as possible, then Borrower shall have such
I,
PROMISSORY NOTE—HOME CHDO FUNDS Page 2
TCHP—7 Lots Eagle Nest and Hardy Streets rev 05-05-15
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additional time as is reasonably necessary to cure the default prior to exercise of any
remedies by Lender. In no event shall Lender be precluded from exercising remedies if its
security becomes or is about to become materially jeopardized by any failure to cure a
default or the default is not cured within 180 days after the first notice of default is given.
Notices given to Borrower shall be in writing and delivered to the addresses listed l
above, or to such other address as Borrower designates by written notice to Lender. Each
such notice or other communication shall be effective upon receipt when sent by U. S.
Mail, postage prepaid and by certified mail, return receipt requested; or by a nationally
recognized overnight delivery service. I
Borrower also promises to pay reasonable attorney's fees and court and other
costs if this Note is placed in the hands of an attorney to collect or enforce the Note.
These expenses will bear interest from the date of advance at the Annual Interest Rate on
Matured, Unpaid Amounts. Borrower will pay Lender these expenses and interest on
demand at the Place for Payment. These expenses and interest will become part of the
debt evidenced by the Note and will be secured by any security for payment.
Borrower may prepay this Note at any time before the Maturity Date without
penalty so long as the houses located on the Property constructed with the HOME funds
are sold to HOME Eligible Buyers in accordance with the HOME Program and the
HOME Regulations and the other terms and conditions of the Contracts.
I.
Interest on the debt evidenced by this Note will not exceed the maximum rate or
amount of nonusurious interest that may be contracted for, taken, reserved, charged, or
received under law. Any interest in excess of that maximum amount will be credited on
the Principal Amount or, if the Principal Amount has been paid, refunded. On any
acceleration or required or permitted prepayment, any excess interest will be canceled
automatically as of the acceleration or prepayment or, if the excess interest has already
been paid, credited on the Principal Amount or, if the Principal Amount has been paid,
refunded. This provision overrides any conflicting provisions in this Note and all other
instruments concerning the debt.
�I
Each Borrower is responsible for all obligations represented by this Note. When
the context requires, singular nouns and pronouns include the plural.
i
A default exists under this Note if(1) (a) Borrower or (b) any other person liable
on any part of this Note (an "Other Obligated Party") fails to timely pay or perform any
obligation or covenant in any written agreement between Lender and Borrower or such
Other Obligated Party; (2) any warranty, covenant, or representation in this Note or in
any other written agreement between Lender and Borrower or any Other Obligated Party
is materially false when made; (3) a receiver is appointed for Borrower, any Other
Obligated Party, or any property on which a lien or security interest is created as security
(the "Collateral Security") for any part of this Note; (4) any Collateral Security is
assigned for the benefit of creditors; (5) a bankruptcy or insolvency proceeding is
commenced by Borrower or an Other Obligated Parry; (6) (a) a bankruptcy or insolvency
proceeding is commenced against Borrower or an Other Obligated Party and (b) the
PROMISSORY NOTE—HOME CHDO FUNDS Page 3
TCHP—7 Lots Eagle Nest and Hardy Streets rev 05-05-15
i
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proceeding continues without dismissal for 90 days, the party against whom the
proceeding is commenced admits the material allegations of the petition against it, or an
order for relief is entered; (7) any of the following parties is dissolved, begins to wind up
its affairs, is authorized to dissolve or wind up its affairs by its governing body or
persons, or any event occurs or condition exists that permits the dissolution or winding up
of the affairs of any of the following parties: (i) Borrower, or (ii) an Other Obligated
Party; and (8) any Collateral Security is materially impaired by loss, theft, damage, levy
and execution, issuance of an official writ or order of seizure, or destruction, unless it is
promptly replaced with insurance proceeds, collateral security of like kind and quality or
restored to its former condition.
The execution and delivery of this Note are required under the Contracts.
If any provision of this Note conflicts with any provision of the Contracts, the
Deed of Trust or any other document evidencing the same transaction between Lender
and Borrower,the provisions of the Contracts will govern to the extent of the conflict.
This Note will be construed under the laws of the state of Texas without regard to
choice-of-law rules of any jurisdiction.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
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PROMISSORY NOTE—HOME CHDO FUNDS Page 4
TCB?7 Lots Eagle Nest and Hardy Streets rev 05-05-15
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THE CONTRACTS AND THE NOTE CONSTITUTE THE FINAL AGREEMENT
OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE
PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
i
T A RI,NT COUNTY HOUSING PARTNERSHIP,
INC.
D& ss, Pr sident
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PROMISSORY NOTE—HOME CHDO FUNDS Page 5
TCHP—7 Lots Eagle Nest and Hardy Streets rev 05-05-15
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Exhibit "A"
Street Address Legal Description of Property
3616 Eagle Nest Lot 5, Block 4-R,Jarvis Heights Apartments Addition,an Addition to the
Street City of Fort Worth,Tarrant County,Texas, according to the Plat recorded
in County Clerk's File No.D213160719, of the Official Public Records,
Tarrant County,Texas
3624 Eagle Nest Lot 4,Block 4-R,Jarvis Heights Apartments Addition,an Addition to the
Street City of Fort Worth,Tarrant County, Texas,according to the Plat recorded
in County Clerk's File No. D213160719, of the Official Public Records,
Tarrant County,Texas
3640 Eagle Nest Lot 2, Block 4-R,Jarvis Heights Apartments Addition,an Addition to the
Street City of Fort Worth,Tarrant County,Texas,according to the Plat recorded
in County Clerk's File No. D213160719,of the Official Public Records, j
Tarrant County,Texas
3617 Hardy Lot 12,Block 4-R,Jarvis Heights Apartments Addition,an Addition to
Street the City of Fort Worth,Tarrant County,Texas,according to the Plat
recorded in County Clerk's File No.D213160719, of the Official Public
Records,Tarrant County, Texas !
3625 Hardy Lot 11,Block 4-R,Jarvis Heights Apartments Addition,an Addition to j
Street the City of Fort Worth,Tarrant County,Texas,according to the Plat
recorded in County Clerk's File No.D213160719, of the Official Public
Records,Tarrant County, Texas
3633 Hardy Lot 10,Block 4-R,Jarvis Heights Apartments Addition,an Addition to
Street the City of Fort Worth,Tarrant County, Texas,according to the Plat
recorded in County Clerk's File No. D213160719, of the Official Public
Records,Tarrant Count ,Texas
3641 Hardy Lot 9, Block 4-R,Jarvis Heights Apartments Addition, an Addition to the
Street City of Fort Worth,Tarrant County,Texas,according to the Plat recorded
in County Clerk's File No. D213160719, of the Official Public Records,
Tarrant County,Texas
1
PROMISSORY NOTE—HOME CHDO FUNDS Page 6
TCHP—7 Lots Eagle Nest and Hardy Streets rev 05-05-15
Page 1 of 14
D215094370 51612015 2.36 PM PGS 14 Fee: $68.00 Submitter SIMPLIFILE
Electronically Recorded by Tarrant County Clerk in Official Public Records
Mary Louise Garcia
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKF. ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
Deed of Trust
Security Agreement-Financing Statement
HOME CHDO Funds
Terms
Date: May 5,2015
Grantor: Tarrant County Housing Partnership,Inc., a Texas nonprofit corporation
Grantor's Mailing Address:
3204 Collingsworth St.,Fort Worth,Tarrant County,TX 76107
Trustee: Vicki S. Ganske or Leann D. Guzman
Trustee's Mailing Address:
City Attorney's Office
City of Fort Worth
1000 Throckmorton St.
Fort Worth TX 76102
Tarrant County
Lender: City of Fort Worth,a Texas municipal corporation
Lender's Mailing Address:
City of Fort Worth
Neigbborh.00d Set vices Department
Attention:Assistant Director
1000 Throckinorton Street
Fort Worth,Texas 76102
Tarrant County
Loan Authority:
The loan evidenced by the Note (the "Loan") and secured by this Deed of Trust
Security Agreement — Financing Statement ("Decd of Trust") is being made
pursuant to the HOME Investment Partnerships Program authorized under Title II
of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended,
DEED OF TRUST—ROME C$.DO FUNDS Page 1
TCHP—7 Lits Eagle Nest and Hardy Streets Rev.-05-05-15
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
Deed of Trust
Security Agreement- Financing Statement
HOME CHDO Funds
Terms
Date: May 5, 2015
Grantor: Tarrant County Housing Partnership, Inc., a Texas nonprofit corporation
Grantor's Mailing Address:
3204 Collingsworth St.,Fort Worth, Tarrant County,TX 76107
Trustee: Vicki S. Ganske or Leann D. Guzman
Trustee's Mailing Address:
City Attorney's Office
City of Fort Worth i
1000 Throckmorton St.
Fort Worth TX 76102
Tarrant County
Lender: City of Fort Worth, a Texas municipal corporation
Lender's Mailing Address:
City of Fort Worth
Neighborhood Services Department
Attention: Assistant Director
1000 Throckmorton Street
Fort Worth,Texas 76102
Tarrant County
Loan Authority:
The loan evidenced by the Note (the "Loan") and secured by this Deed of Trust
Security Agreement — Financing Statement ("Deed of Trust") is being made
pursuant to the HOME Investment Partnerships Program authorized under Title 11
of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended,
DEED OF TRUST—HOME CHDO FUNDS Page 1
TCHP—7 Lots Eagle Nest and Hardy Streets Rev. -05-05-15
I
42 USC 12701 et seq. (the "HOME Program") and the HOME Investment
Partnership Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME
Regulations")with HOME funds.
Obligations
Note
Date: May 5, 2015
Original Principal Amount: $1,144,500.00
Borrower: Tarrant County Housing Partnership, Inc.
Lender: City of Fort Worth
Terms of Payment: As provided in the Note
Maturity Date: May 4,2020
In addition, Obligations shall include compliance by Grantor with the
requirements of the HOME Program more particularly described in Section F.
below.
Property(including any improvements):
As more particularly described in the attached Exhibit "A", incorporated herein
for all purposes,
and commonly known as 3616 Eagle Nest Street, 3624 Eagle Nest Street, 3640
Eagle Nest Street, 3617 Hardy Street, 3625 Hardy Street, 3633 Hardy Street,
3641 Hardy Street,Fort Worth,TX 76106.
Together with the following personal property:
All fixtures, supplies, building materials, and other goods of every
nature now or hereafter located, used, or intended to be located or used on
the Property;
All plans and specifications for development of or construction of
improvements on the Property;
All contracts and subcontracts relating to the construction of
improvements on the Property;
All accounts, contract rights, instruments, documents, general
intangibles, and chattel paper arising from or by virtue of any transactions
relating to the Property;
All permits, licenses, franchises, certificates, and other rights and
privileges obtained in connection with the Property;
All proceeds payable or to be payable under each policy of
insurance relating to the Property; and
All products and proceeds of the foregoing.
Notwithstanding any other provision in this Deed of Trust, the term "Property"
does not include personal effects used primarily for personal, family, or
household purposes.
DEED OF TRUST—HOME CHDO FUNDS Page 2
TCHP—7 Lots Eagle Nest and Hardy Streets Rev. -05-05-15
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In addition to creating a deed-of-trust lien on the Property described, Grantor also
grants to Lender a security interest in all of the above-described personal property
pursuant to and to the extent permitted by the Texas Uniform Commercial Code.
Prior Liens: None
Other Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of record or not; all
presently recorded and validly existing recorded instruments other than
conveyances of the surface fee estate that affect the Property; liens described in
this Deed of Trust; and,taxes for the current year.
For value received and to secure performance of the Obligations, Grantor conveys
the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the
Property, subject to the Other Exceptions to Conveyance and Warranty. On performance
of the Obligations including payment of the Loan if required by the Contracts (as
hereinafter defined) and all other amounts secured by this Deed of Trust and performance
of the requirements of the HOME Program,this Deed of Trust will have no further effect,
and Lender will release it at Grantor's expense.
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Clauses and Covenants
A. Grantor's Obligations
Grantor agrees to-
1. keep the Property in good condition and repair;
2. pay all taxes and assessments on the Property before delinquency, and not
authorize a taxing entity to transfer its tax lien on the Property to anyone other than
Lender;
3. defend title to the Property subject to the Other Exceptions to Conveyance
and Warranty and preserve the lien's priority as it is established in this Deed of Trust;
4. obey all laws, ordinances, and restrictive covenants applicable to the
Property;
5. maintain all insurance coverages with respect to the Property, revenues
generated by the Property, and operations on the Property that Lender reasonably requires
("Required Insurance Coverages"), issued by insurers and written on policy forms
acceptable to Lender, and deliver evidence of the Required Insurance Coverages in a
form acceptable to Lender at least 10 days before the expiration of the Required
Insurance Coverages.
DEED OF TRUST—HOME CHDO FUNDS Page 3
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
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6. keep any buildings occupied as required by the Required Insurance
Coverages;
7. obey all laws, ordinances, and restrictive covenants applicable to the
Property;
8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid
all prior lien notes pursuant to their respective terms and abide by or cause to be abided
by all prior lien instruments;and
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9. notify Lender in writing of any change of address.
Grantor agrees not to-
t. do or permit anything to be done that will impair the security of this Deed
of Trust.
B. Lender's Rights
I�
1. Lender or Lender's mortgage servicer may appoint in writing a substitute
trustee, succeeding to all rights and responsibilities of Trustee.
2. If the proceeds of the Loan are used to pay any debt secured by prior liens,
Lender is subrogated to all the rights and liens of the holders of any debt so paid.
3. Notwithstanding the terms of the Note to the contrary, and unless
applicable law prohibits, all payments received by Lender from Grantor with respect to
the Obligations or this Deed of Trust may, at Lender's discretion, be applied first to
amounts payable under this Deed of Trust and then to amounts due and payable to Lender
with respect to the Obligations, to be applied to late charges, principal, or interest in the
order Lender in its discretion determines.
4. If Grantor fails to perform any of Grantor's Obligations under this Deed of
Trust, subject to prior written notice and cure period, Lender .may perform those
obligations and be reimbursed by Grantor on demand for any amounts so paid, including
reasonable attorney's fees, plus interest on those amounts from the_dates of payment at
the rate stated in the Note for matured, unpaid amounts. The amount to be reimbursed
will be secured by this Deed of Trust.
5. If there is a default on the Obligations or if Grantor fails to perform any of
Grantor's Obligations under this Deed of Trust and the default continues after any
required notice of the default and the time allowed to cure, Lender may-
a. declare any unpaid principal balance and earned interest on the
Obligations immediately due;
DEED OF TRUST—HOME CHDO FUNDS Page 4
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
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b. exercise Lender's rights with respect to rent under the Texas Property
Code as then in effect;
c. direct Trustee to foreclose this lien, in which case Lender or Lender's
agent will cause notice of the foreclosure sale to be given as provided by
the Texas Property Code as then in effect; and
d. purchase the Property at any foreclosure sale by offering the highest bid
and then have the bid credited on the Obligations.
Notwithstanding anything to the contrary, if a monetary event of default occurs
under the terms of any of the Loan documents,prior to exercising any remedies Lender shall
give Grantor written notice of such default. Grantor shall have a period of 10 days after
such notice is given within which to cure the default prior to exercise of remedies by Lender
under the Loan documents. Notwithstanding anything to the contrary, if a non-monetary
event of default occurs under the terms of any of the Loan documents, prior to exercising
any remedies, Lender shall give Grantor written notice of such default. If the default is
reasonably capable of being cured within 30 days, Grantor shall have such period to effect a
cure prior to exercise of remedies by Lender under the Loan documents. If the default is
such that it is not reasonably capable of being cured within 30 days, and if Grantor (a)
initiates corrective action within said period, and (b) diligently, continually, and in good
faith works to effect a cure as soon as possible,then Grantor shall have such additional time
as is reasonably necessary to cure the default prior to exercise of any remedies by Lender.
In no event shall Lender be precluded from exercising remedies if its security becomes or is
about to become materially jeopardized by any failure to cure a default or the default is not
cured within 180 days after the first notice of default is given.
Notices given to Grantor shall be in writing and delivered to the address listed
above, or to such other address as Grantor designates by written notice to Lender. Each
such notice or other communication shall be effective on the date of receipt when sent by
U. S. Mail, postage prepaid, by certified mail, return receipt requested or by a nationally
recognized overnight delivery service.
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6. Lender may remedy any default without waiving it and may waive any
default without waiving any prior or subsequent default.
C. Trustee's Rights and Duties
If directed by Lender to foreclose this lien,Trustee will-
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ill-1. either personally or by agent give notice of the foreclosure sale as required
by the Texas Property Code as then in effect;
DEED OF TRUST—HOME CHDO FUNDS Page 5
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2. sell and convey all or part of the Property "AS IS" to the highest bidder for
cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other
Exceptions to Conveyance and Warranty and without representation or warranty, express
or implied,by Trustee;
3. from the proceeds of the sale,pay,in this order-
a. expenses of foreclosure, including a reasonable commission to
Trustee;
b. to Lender, the full amount of principal, interest, reasonable
attorney's fees,and other charges due and unpaid;
C. any amounts required by law to be paid before payment to Grantor;
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d. to Grantor, any balance; and j
4. be indemnified, held harmless, and defended by Lender against all costs,
expenses,and liabilities incurred by Trustee for acting in the execution or enforcement of
the trust created by this Deed of Trust,which includes all court and other costs, including
reasonable attorney's fees, incurred by Trustee in defense of any action or proceeding
taken against Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must
immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will
become a tenant at sufferance of the purchaser,subject to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to
be true,absent evidence to the contrary.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or
pursuing any other remedy will not constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of
payment of all or part of the Obligations is extended or part of the Property is released,
unless a subordination agreement is executed by the Lender.
5. If any portion of the Obligations cannot be lawfully secured by this Deed
of Trust,payments will be applied first to discharge that portion.
6. Grantor assigns to Lender all amounts payable to or received by Grantor
from condemnation of all or part of the Property, from private sale in lieu of
condemnation, and from damages caused by public works or construction on or near the
DEED OF TRUST—HOME CHDO FUNDS Page 6
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
Property. After deducting any expenses incurred, including reasonable attorney's fees and
court and other costs, Lender will either release any remaining amounts to Grantor or
apply such amounts to reduce the Obligations and any excess proceeds shall be paid to
Grantor. Lender will not be liable for failure to collect or to exercise diligence in
collecting any such amounts. Grantor will immediately give Lender notice of any actual
or known threatened proceedings for condemnation of all or part of the Property.
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Notwithstanding the above, in the event of any fire or other casualty to the Property
or eminent domain proceedings resulting in condemnation of the Property or any part
thereof, Grantor shall have the right to rebuild the Property, and to use all available
insurance or condemnation proceeds therefore,provided that(a) such proceeds are sufficient
to keep the Obligations in balance and rebuild the Property in a manner that provides
adequate security to Lender for repayment or performance of the Obligations or if such
proceeds are insufficient then Grantor shall have funded any deficiency, (b) subject to the
rights of senior lien holders, Lender shall have the right to approve plans and specifications
for any major rebuilding and the right to approve disbursements of insurance or
condemnation proceeds for rebuilding under a construction escrow or similar arrangement,
and (c) no material default then exists under the Loan documents other than attributable to
casualty or condemnation. if the casualty or condemnation affects only part of the Property
and total rebuilding is infeasible, then proceeds may be used for partial rebuilding and
partial repayment of the Obligations in a manner that provides adequate security to Lender
for repayment of the remaining balance of the Obligations, and any excess proceeds shall
be paid to Grantor.
7. Grantor assigns to Lender absolutely,not only as collateral,all present and
future rent and other income and receipts from the Property. Grantor may as Lender's
licensee collect rent and other income and receipts as long as Grantor is not in default
with respect to the Obligation or this Deed of Trust. Subject to the terms of the Loan
documents, Grantor will apply all rent and other income and receipts to payment of the
Obligations and performance of this Deed of Trust, but if the rent and other income and
receipts exceed the amount due with respect to the Obligations and the Deed of Trust,
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Grantor may retain the excess. If Grantor defaults in payment or performance of the
Obligations or performance of this Deed of Trust, subject to the rights of senior lien
holders,Lender may terminate Grantor's license to collect rent and other income and then
as Grantor's agent may rent the Property and collect all rent and other income and
receipts. Lender neither has nor assumes any obligations as lessor or landlord with
respect to any occupant of the Property. Lender may exercise Lender's rights and
remedies under this paragraph without taking possession of the Property. Lender will
apply all rent and other income and receipts collected under this paragraph as required by
the Texas Property Code then in effect. Lender is not required to act under this
paragraph, and acting under this paragraph does not waive any of Lender's other rights or
remedies.
8. Interest on the debt secured by this Deed of Trust will not exceed the
maximum amount of non-usurious interest that may be contracted for, taken, reserved,
DEED OF TRUST—HOME CHDO FUNDS Page 7
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
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charged, or received under law. Any interest in excess of that maximum amount will be
credited on the principal of the debt or, if that has been paid, refunded. On any
acceleration or required or permitted prepayment, any excess interest will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the
principal of the debt or, if the principal of the debt has been paid, refunded. This
provision overrides any conflicting provisions in this and all other instruments
concerning the debt.
9. In no event may this Deed of Trust secure payment of any debt that may
not lawfully be secured by a lien on real estate or create a lien otherwise prohibited by
law.
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10. When the context requires, singular nouns and pronouns include the
plural.
11. The term Note includes all extensions, modifications, and renewals of the
Note and all amounts secured by this Deed of Trust. j
12. Grantor agrees to (a) keep at Grantor's address, or such other place as
Lender may approve, accounts and records reflecting the operation of the Property and
copies of all written contracts, leases, and other instruments that affect the Property; (b)
prepare financial accounting records in compliance with generally accepted accounting `
principles consistently applied; and, (c) at Lender's request on reasonable notice from
time to time, permit Lender to examine and make copies of such books, records,
contracts,leases,and other instruments at any reasonable time.
13. Grantor agrees to deliver to Lender, at Lender's request from time to time,
internally prepared financial statements of Grantor and any guarantor of the Note
prepared in accordance with generally accepted accounting principles consistently
applied, in detail reasonably satisfactory to Lender and certified to be materially true and
correct by the chief financial officer of Grantor or its certified public accountant, as
applicable.
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14. If Lender orders an appraisal of the Property while a default exists or to
comply with legal requirements affecting Lender, Grantor, at Lender's request, agrees to
reimburse Lender for the reasonable cost of any such appraisal. If Grantor fails to
reimburse Lender for any such appraisal within 20 days of Lender's written request, that
failure is a default under this Deed of Trust.
15. Grantor agrees to allow Lender or Lender's agents to enter the Property
during regular business hours upon at least 48 hours prior notice and inspect it and any
personal property in which Lender is granted a security interest by this Deed of Trust.
16. Grantor may not sell, transfer, or otherwise dispose of any Property,
whether voluntarily or by operation of law, except for condemnation or to obtain utility
DEED OF TRUST—HOME CHDO FUNDS Page 8
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easements, without the prior written consent of Lender. If granted, consent may be
conditioned upon (a) the grantee's integrity, reputation, character, creditworthiness, and
management ability being satisfactory to Lender; and (b) the grantee's executing, before
such sale, transfer, or other disposition, a written assumption agreement containing any
terms Lender may reasonably require, such as a principal pay down on the Obligations,
an increase in the rate of interest payable with respect to the Obligations, a transfer fee,or
any other modification of the Note, this Deed of Trust, or any other instruments
evidencing or securing the Obligations.
Grantor may not cause or permit any Property to be encumbered by any liens,
security interests, or encumbrances other than the liens securing the Obligation and the
liens securing ad valorem taxes not yet due and payable and the Permitted Exceptions
without the prior written consent of Lender. If granted, consent may be conditioned upon
Grantor's executing, before granting such lien, a written modification agreement
containing any terms Lender may require, such as a principal pay down on the
Obligations, an increase in the rate of interest payable with respect to the Obligations, an
approval fee, or any other modification of the Note, this Deed of Trust, or any other
instruments evidencing or securing the Obligations.
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Grantor may not grant any lien, security interest, or other encumbrance (a
"Subordinate Instrument") covering the Property that is subordinate to the liens created
by this Deed of Trust without the prior written consent of Lender
If granted, consent for loans and documents may be conditioned upon the
Subordinate Instrument's containing express covenants to the effect that-
a. the Subordinate Instrument is unconditionally subordinate to this Deed of
Trust;
b. if any action is instituted to foreclose or otherwise enforce the Subordinate
Instrument,no action may be taken that would terminate any occupancy or
tenancy without the prior written consent of Lender, and that consent, if
granted, may be conditioned in any manner Lender determines;
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C. rents, if collected by or for the holder of the Subordinate Instrument, will
be applied first to the payment of the Obligations then due and to expenses
incurred in the ownership, operation, and maintenance of the Property in
any order Lender may determine, before being applied to any indebtedness
secured by the Subordinate Instrument;
d. written notice of default under the Subordinate Instrument and written
notice of the commencement of any action to foreclose or otherwise
enforce the Subordinate Instrument must be given to Lender concurrently
with or immediately after the occurrence of any such default or
commencement; and
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DEED OF TRUST—HOME CHDO FUNDS Page 9
TCHP—7 Lots Eagle Nest and Hardy Streets Rev. -05-05-15
e. in the event of the bankruptcy of Grantor, all amounts due on or with
respect to the Obligations and this Deed of Trust will be payable in full
before any payments on the indebtedness secured by the Subordinate
Instrument. j
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Grantor may not cause or permit any of the following events to occur without the
prior written consent of Lender: if Grantor is (a) a corporation, the dissolution of the
corporation or the sale,pledge, encumbrance, or assignment of any shares of its stock; (b)
a limited liability company, the dissolution of the company or the sale, pledge,
encumbrance, or assignment of any of its membership interests, other than an assignment
to a senior lien holder or to the Investor Member; (c) a general partnership or joint
venture, the dissolution of the partnership or venture or the sale,pledge, encumbrance, or
assignment of any of its partnership or joint venture interests, or the withdrawal from or
admission into it of any general partner or joint venturer; or(d) a limited partnership, (1)
the dissolution of the partnership, (2)the sale, pledge, encumbrance, or assignment of any
of its general partnership interests, or the withdrawal from or admission into it of any
general partner, or (3) except for a limited partnership interest in a low income housing
project, the withdrawal from or admission into it of any controlling limited partner or
partners. If granted, consent may be conditioned upon (a) the integrity, reputation,
character, creditworthiness, and management ability of the person succeeding to the
ownership interest in Grantor (or security interest in such ownership) being reasonably
satisfactory to Lender; and(b) the execution, before such event, by the person succeeding
to the interest of Grantor in the Property or ownership interest in Grantor (or security
interest in such ownership) of a written modification or assumption agreement containing
such terms as Lender may reasonably require, such as a principal pay down on the
Obligations, an increase in the rate of interest payable with respect to the Obligations, a
transfer fee, or any other modification of the Note, this Deed of Trust, or any other
instruments evidencing or securing the Obligations.
17. Grantor agrees not to grant any future lien or security interest in the
Property or to permit any future junior encumbrance to be recorded or any existing or
future claim to otherwise become an encumbrance against the Property. If an involuntary
encumbrance is filed against the Property, Grantor agrees, within 30 days of actual
notice, to either remove the involuntary encumbrance or insure against it or provide a
bond acceptable to Lender against the involuntary encumbrance. j
18. This Deed of Trust binds, benefits, and may be enforced by the successors
in interest of all parties. j
19. If Grantor and Borrower are not the same person, the term Grantor
includes Borrower.
20. Except as may be specifically stated in this Deed of Trust or the Note,
Grantor and each surety, endorser, and guarantor of the Obligations waive all demand for
DEED OF TRUST—HOME CHDO FUNDS Page 10
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
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payment, presentation for payment, notice of intention to accelerate maturity, notice of
acceleration of maturity,protest, and notice of protest,to the extent permitted by law.
21. Grantor agrees to pay reasonable attorney's fees, trustee's fees, and court
and other costs of enforcing Lender's rights under this Deed of Trust if this Deed of Trust
is placed in the hands of an attorney for enforcement.
22. If any provision of this Deed of Trust is determined to be invalid or
unenforceable,the validity or enforceability of any other provision will not be affected.
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23. The term Lender includes any mortgage servicer for Lender.
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24. Grantor represents that this Deed of Trust and the Note are given for the f
following purposes:
The debt evidenced by the Note is in payment of the purchase price of the
Property and the development costs of the Required Improvements as described in
the Contracts;the debt is secured both by the Deed of Trust and by a vendor's lien
on the Property. This Deed of Trust does not waive the vendor's lien, and the two
liens and the rights created by this Deed of Trust are cumulative. Lender may
elect to enforce either of the liens without waiving the other or may enforce both.
25. If the Property is transferred by foreclosure, the transferee will acquire
title to all insurance policies on the Property including all paid but unearned premiums.
26. Grantor is entitled to partial releases from the vendor's lien and this Deed
of Trust as provided in the Contracts between Grantor and Lender.
E. Construction Loan Mortgage
1. This Deed of Trust is a "construction mortgage" within the meaning of
Section 9.334 of the Texas Business and Commerce Code. The liens and security
interests created and granted by this Deed of Trust secure an obligation incurred for the
construction or rehabilitation of improvements on land.
2. Grantor agrees to comply with the terms, covenants and conditions of City
Secretary Contracts Nos. 45978-A1, 45983-A1, 45980-A1, 45979-A1, 45977-A1,
45981-A1, and 45982-A1 between Grantor and Lender (the "Contracts") which require
the Note and this Deed of Trust. All advances made by Lender under the Contracts will
be indebtedness of Grantor secured by the liens created by this Deed of Trust, and such
advances are conditioned as provided in the Contract.
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3. All amounts disbursed by Lender before completion of the improvements
to protect the security of this Deed of Trust up to the principal amount of the Note will be
treated as disbursements under the Contracts. All such amounts will bear interest from
DEED OF TRUST—HOME CHDO FUNDS Page 11
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
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the date of disbursement at the rate stated in the Note, unless collections from Grantor of
interest at that rate would be contrary to applicable law, in which event such amounts will
bear interest at the rate stated in the Note for matured, unpaid amounts and will be
payable on notice from Lender to Grantor requesting payment.
4. From time to time as Lender deems reasonably necessary to protect
Lender's interests, Grantor will, on request of Lender, execute and deliver to Lender, in
such form as Lender directs but subject to the rights of any senior lien holders,
assignments of any and all rights or claims that relate to the construction of
improvements on the Property.
5. In case of breach by Grantor of the terms, covenants and conditions of the
Contracts, Lender, at its option, subject to applicable notice, grace and cure periods, with
or without entry on the Property,may (a) invoke any of the rights or remedies provided in
the Contracts, (b) accelerate the amounts secured by this Deed of Trust and invoke the
remedies provided in this Deed of Trust,or(c)do both.
F. THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO THE
FOLLOWING CONDITIONS AND RESTRICTIONS:
The Note secured by this Deed of Trust is the Note required in the Contracts
between Grantor and Lender and has been executed and delivered in accordance
with the Contracts' terms. The funds advanced by Lender are HOME funds and
the Contracts require that the Required Improvements constructed with the HOME
funds on the Property (the "houses") must be sold to HOME Eligible Buyers in
accordance with the HOME Regulations, all as more particularly described in the
Contracts. The Obligations described in the Contracts evidenced by the Note and
secured by this Deed of Trust will be in default if the houses are not sold to HOME
Eligible Buyers as more particularly described in the Contracts.
This Deed of Trust has also been executed and delivered pursuant to the
terms of the Contracts. Grantor agrees to perform each and every obligation set
forth therein and will not permit a default to occur thereunder. Any default in the
performance of Grantor's obligations under the terms of the Contracts or the
HOME Program or HOME Regulations shall be deemed a default in the terms of
the Note and Lender may invoke any remedies provided herein for default.
IF ANY PROVISION OF THIS DEED OF TRUST CONFLICTS WITH
ANY PROVISION OF THE CONTRACTS, THE NOTE OR ANY OTHER
DOCUMENT EVIDENCING THE SAME TRANSACTION BETWEEN LENDER
AND BORROWER, THE PROVISIONS OF THE CONTRACTS WILL GOVERN
TO THE EXTENT OF THE CONFLICT.
DEED OF TRUST—HOME CHDO FUNDS Page 12
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THE CONTRACTS, THE NOTE AND THE DEED OF TRUST
CONSTITUTE THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT
BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
TARRANT COUNTY HOUSING
PARTNERSHJP, INC:; a Texas nonprofit
corporation
�By:
ess Presi nt
I
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on " ) , 2015 by
Donna VanNess, the. President of Tarrant County Housing Partners 'p, Inc., a Texas j
nonprofit corporation, on behalf of such corporation.
MaILISSA M=HLER Notary Public, State Texas
Nj�ry Pok
STATS OF TEXAS
My Damm.IM,W 20,201 1
0,2017
AFTER RECORDING RETURN TO:
City of Fort Worth
City Attorney's Office
Attention: Vicki S. Ganske
1000 Throckmorton Street
Fort Worth, Texas 76102
DEED OF TRUST—HOME CHDO FUNDS Page 13
TCHP—7 Lots Eagle Nest and Hardy Streets Rev.-05-05-15
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Exhibit "A"
Street Address Legal Description of Property
3616 Eagle Nest Lot 5, Block 4-R, Jarvis Heights Apartments Addition, an Addition to the
Street City of Fort Worth, Tarrant County,Texas, according to the Plat recorded
in County Clerk's File No. D213160719, of the Official Public Records,
Tarrant County,Texas
3624 Eagle Nest Lot 4, Block 4-R, Jarvis Heights Apartments Addition, an Addition to the
Street City of Fort Worth, Tarrant County, Texas, according to the Plat recorded
in County Clerk's File No. D213160719,of the Official Public Records, !
Tarrant County,Texas
3640 Eagle Nest Lot 2,Block 4-R,Jarvis Heights Apartments Addition, an Addition to the
Street City of Fort Worth, Tarrant County,Texas, according to the Plat recorded
in County Clerk's File No. D213160719,of the Official Public Records, I
Tarrant County,Texas I
3617 Hardy Lot 12,Block 4-R,Jarvis Heights Apartments Addition, an Addition to
Street the City of Fort Worth,Tarrant County, Texas, according to the Plat
recorded in County Clerk's File No. D213160719, of the Official Public
Records,Tarrant County, Texas
3625 Hardy Lot 11,Block 4-R,Jarvis Heights Apartments Addition, an Addition to
Street the City of Fort Worth, Tarrant County, Texas,according to the Plat
recorded in County Clerk's File No. D213160719, of the Official Public
Records,Tarrant County, Texas
3633 Hardy Lot 10,Block 4-R,Jarvis Heights Apartments Addition, an Addition to
Street the City of Fort Worth,Tarrant County, Texas,according to the Plat
recorded in County Clerk's File No. D213160719, of the Official Public
Records,Tarrant County, Texas
3641 Hardy Lot 9, Block 4-R,Jarvis Heights Apartments Addition, an Addition to the
Street City of Fort Worth, Tarrant County, Texas, according to the Plat recorded
in County Clerk's File No. D213160719, of the Official Public Records,
Tarrant County,Texas
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DEED OF TRUST—HOME CHDO FUNDS Page 14
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OMB NO.2502-0265 ir
A. B. TYPE OF LOAN
U.S.DEPARTMENT OF HOUSING a URBAN DEVELOPMENT 1.0 FHA 2.D FmHA 3.❑ Conv.Unins. 4.0 VA 5.❑Conv.ins.
SETTLEMENT STATEMENT S. FILE NUMBER: 7. LOAN NUMB
102003425
8. MORTGAGE INS CASE NUMBER:
C. NOTE This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
!tears marked 7POCr were paid outside the closing,they are shown here for informational purposes and are not included in the totals.
1.0 398 (102003425/691
D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER:
Tarrant County Housing Partnership,Inc. City of Fort Worth City of Fort Worth
3204 Collinsworth Street 1000 Throckmorton Street 1000 Throckmorton Street
Fort Worth,TX 76107 Fort Worth,TX 76102 Fort Worth,TX 76102
G. PROPERTY LOCATION: H. SETTLEMENT AGENT: I. SETTLEMENT DATE--
HARDY
ATEHARDY PROJECT-Phase 1 Providence Title Company May 5,2015
Fort Worth,TX 76106 PLACE OF SETTLEMENT:
Tarrant County,Texas DISBURSEMENT DATE
Lot(s)2,4,5,9-12, Block 4-R,Jarvis Heights 4107 S.Bowen,Suite 101
Tarrant County Arlington,TX 76016 May 5,2015
J.SUMMARY OF BORROWER'S TRANSACTION K.SUMMARY OF SELLER'S TRANSACTION
100.GROSS AMOUNT DUE FROM BORROWER: 400.GROSS AMOUNT DUE TO SELLER: j
101.Contract Sales Price 43 999.97 401.Contract Sales Price 43 999.97
102.Personal Property 402.Personal Property
103.Settlement Charges to Borrower(Line 1400) 7,213.50 403.
104.Funds held by City of Fort Worth 1,094,386.53 404.
105. 405.
Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance
106.Cft frown Taxes 406.Ci !Town Taxes
107.County Taxes 407.County Taxes
108.Assessments 408.Assessments
109. 409.
110. 410.
111. 411.
112. 412.
920. GROSS AMOUNT DUE FROM BORROWER 1,145,600.00 420. GROSS AMOUNT DUE TO SELLER 43,999.97
200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500.REDUCTIONS IN AMOUNT DUE TO SELLER:
201.Deposit or Earnest Money 1,000.00 501.Excess Deposit(see instructions
202.Principal Amount of New Loan(s) 1,144,500.00 502,Settlement Charges to Seller Line 1400
203.Existing Loans Taken Subject to 503.Existing Loans Taken Subject to
204.First Draw of Funds$50,113.47 504.Payoff of First Mortgage Loan
205. 505.Payoff of Second Mortgage Loan
206. Independent Contract Consideration 100.00 506.Independent Contract Consideration 100.00
207. 507.Dep.disbursed as proceeds I
208. 508.
209. 509.
Adiustments for items unpaid by seller Adjustments for items unpaid by seller
210.Cityfl-own Taxes 510.Cit/Town Taxes
211.County Taxes 511.Coun Taxes
212.Assessments 512.Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 1,145,600.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 100.00
300.CASH AT SETTLEMENT FROMITO BORROWER: 600.CASH AT SETTLEMENT TOIFROM SELLER: 1
301.Gross Amount Due From Borrower(Line 120) 1,145,600.00 601.Gross Amount Due To Seller(Line 420) 43,999.97 I
302.Less Amount Paid By/For Borrower(Line 220) ( 1,145,600.00) 1602.Less Reductions Due Seller Line 520) ( 100.00
303. CASH FROM/TO BORROWER 0.00 603. CASH TO SELLER 43,899.97
PrW*d on 5r5r1015 M 12:Orl5WM 10200342569
HUD-1,Page 1
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L.SETTLEMENT CHARGES
700. TOTAL COMMISSION Based on Price $ @ % PAID FROM PAID FROM
Division of Commission(line 700)as Follows: BORROWER'S SELLER'S
701. to FUNDS AT FUNDSAT
7112. t0 SETTLEMENT SETTLEMENT
703. Commission Paid at Settlement
The following persons,firms or corporations received a portion of the real estate commission amounts own above.
------------------------------
704. to
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
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801. Loan Origination Fee % to
802. Loan Discount % to
803. Appraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
806. Mortgage Insurance Application Fee to
807. Assumption Fee to
808. to
809. to
810. to
811. to
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest From 05/05/15 to 06/01/15 @ $ /day 27 days %) j
902. Mortgage Insurance Premium for month to
903. Hazard Insurance Premium for year to
904, for year to
905. to
1000.RESERVES DEPOSITED WITH LENDER
1001.Hazard Insurance months @ $ per month
1002. Mortgage Insurance months @ $ per month
1003.City/Town Taxes months @ $ per month j
1004.County Taxes months @ $ per month
1005.Assessments months @ $ per month
1006. months @ $ per month
1007. months @ $ per month
1008. months @ $ per month
1100.TITLE CHARGES
1101.Settlement or Closing Fee to
1102.Abstract or Title Search to
1103.Title Examination to
1104.Title Insurance Binder to
1105. Document Preparation to
1106. Notary Fees to
1107.Attorney's Fees to
(includes above item numbers: )
1108.Title Insurance to 6,620.00
(includes above item numbers: )
1109_ Lender's Coverage $ 1,144,500.00 6,141.00
1110.Owner's Coverage $ 43,999.97 479.00
1111. to
1112. Escrow Fee to Providence Title Company 300.00
1113. E-RecordingFee to Providence Title Company 9.00
1114. Courier Fees to Providence Title Company 40.00
1115.Tax Certificate to National Taxnet -1-140.50-
1116.
140.50
1116. to
1117. to
1200.GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.RecordingFees: Deed $ 36.00; Mortgage $ 68.00; Releases 104.00
1202. City/County Tax Stamps: Deed Mortgage
1203.State Tax/Stamps: Deed Mortgage
1204. to
1205. to
1300.ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest Inspection to
1303. to
1304. to
1305. to
1400.TOTAL SETTLEMENT CHARGES(Enter on Lines 103,Section J and 502,Section K) 7,213.50
i
Printed on 5/52015 at 1209:53PM 102003425169
HUD-1,Page 2
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File No.102003425
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true
and accurate statement of all receipts and disbursements made on my account or by me in this transaction.
arrantpentF
a ip Inc. City of Fort Worth
BY:
Do Fernando Costa
esAssistant City Manager
SETTLEMENT AGENT CERTIFICATION
The HUD-1 Settlement Statement which I have prepared is to the best of my knowledge a true and accurate
account of this transaction. 1 will cause the funds to be disbursed in accordance with this statement.
Settlement Agent i Date
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Warning: It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001
and Section 1010.
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HUD-1 Settlement Statement-Signature Page 102003425
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File No.102003425
i;
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true
and accurate statement of all receipts and disbursements made on my account or by me in this transaction.
Tarrant County Housing Partnership, Inc. City of Fort Worth r
Donna VanNess Fernando Costa
President Assistant City Manager
SETTLEMENT AGENT CERTIFICATION
The HUD-1 Settlement Statement which I have prepared is to the best of my knowledge a true and accurate
account of this transaction. I will cause the funds to be disbursed in accordance with this statement.
I
Settlement Agent Date
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Warning: It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001
and Section 1010.
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HUD-1 Settlement Statement-Signature Page 102003425
Providence Title Company
4107 S. Bowen, Suite 101
r, c- Arlington, TX 76016
Phone(817)855-6400 Fax(817)855-6411
LOAM POLICY OF TITLE INSURANCE
May 14, 2015
City of Fort Worth, a Texas municipal corporation
1000 Throckmorton Street
Fort Worth, TX 76102
TITLE POLICY ENCLOSED
RE: Order No.: 102003425
Buyer/Borrower(s): Tarrant County Housing Partnership, Inc,, a Texas nonprofit corporation
Seller(s): City of Fort Worth, a Texas municipal corporation
Property Address: 3616 Eagle Nest Street, Fort Worth, TX 76106
3624 Eagle Nest Street, Fort Worth, TX 76106
3640 Eagle Nest Street, Fort Worth, TX 76106
3617 Hardy Street, Fort Worth, TX 76106
3625 Hardy Street, Fort Worth, TX 76106
3633 Hardy Street, Fort Worth, TX 76106
3641 Hardy Street, Fort Worth, TX 76106
In connection with the above loan,we enclose your Loan Policy of Title Insurance.
It s be n a sure to serve you. If we may assist you in the future, please let us know.
Meli Mutchler
Escrow Officer
Deed of TrWst Transmittal Letter Page 1 of 1 102003425
581-L-102003425
LOAN POLICY OF TITLE INSURANCE (Form T-2)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 17 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy
and,to the extent stated in Covered Risks 11, 13 and 14, after Date of Policy, against loss or damage, not exceeding the Amount of
Insurance,sustained or incurred by the insured by reason of:
1. Title being vested other than as stated in Schedule A,
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from;
(a) A defect in the Title caused by:
(I) forgery,fraud,undue influence,duress, incompetency,incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by faw,
(v) a document executed under a falsified,expired or otherwise invalid power of attorney;
(vl) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land.The term"encroachment'includes encroachments of existing
improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on
adjoining land.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning)restricting, regulating,prohibiting or relating to:
(a) the occupancy,use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but
only to the extent of the violation or enforcement referred to in'that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to
insurance against loss from any of the following impairing the lien of the Insured Mortgage:
(a) forgery,fraud,undue influence,duress,incompetency, incapacity or impersonation;
(b) failure of any person or Entity to have authorized a transfer or conveyance;
(c) the Insured Mortgage not being properly created,executed, witnessed, sealed,acknowledged, notarized or delivered;
(d) failure to perform those acts necessary to create a document by electronic means authorized by law;
(e) a document executed under a falsified, expired or otherwise invalid power of attorney;
(f) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(g)a defective judicial or administrative proceeding,
10. The lack of priority of the lien of the Insured Mortgage over any other lien or encumbrance.
11, The lack of priority of the lien of the Insured Mortgage
(a) as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory or
constitutional mechanic's, contractor's, or materiaiman's'lien for services, labor or material having its inception on or before
Date of Policy;and
(b) over the lien of any assessments for street improvements under construction or completed at Date of Policy,
12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A, or
the failure of the assignment shown in Schedule A to
vest title to the Insured Mortgage in the named Insured assignee free and clear of all liens.
13. The invalidity, unenforceability,lack of priority or avoidance of the lien of the Insured Mortgage:
(a) resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy,of any transfer of all or
any part of the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage
FORM T-2: Loan Policy of Title insurance (For Use in Texas Only) Effective 110312014
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency or similar
creditors'rights laws;or
(b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy,state insolvency or similar creditors'
rights laws by reason of the failure of its recording in the Public Records:
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured
Mortgage in the Public Records.
The Company will also pay the costs,attorneys'fees and expenses incurred in defense of any matter insured against by this Policy, but
only to the extent provided in the Conditions.
[Ith>Reessoumes riew arty Comfianjf
6y:
F.aculivo VILA r fesig3gnt
..>eG(eie?fy L
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage iof this policy and the Company will not pay loss or damage, costs,
attorneys'fees or expenses that arise by reason of:
1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,
prohibiting or relating to:
(i) the occupancy,use,or enjoyment of the Land;
(ti) the character,dimensions or location of any improvement erected on the Land;
(iii) subdivision of land;or
(iv) environmental protection;
or the effect of any violation of these laws,ordinances or governmental regulations.This Exclusion 1(a)does not modify or limit
the coverage provided under Covered Risk 5.
(b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created,suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however, this does not modify or limit the coverage provided under Covered
Risk 11, 13 or 14);or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage,
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is:
(a) a fraudulent conveyance or fraudulent transfer;or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This exclusion does not modify or limit the
coverage provided under Covered Risk 11(b).
8. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in
Schedule A because of Unmarketable Title.
CONDITIONS
1. DEFINITION OF TERMS.
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy,
increased by Section 8(b),or decreased by Section 10 of these Conditions.
(b) "Date of Policy":The date designated as"Date of Policy"in Schedule A,
(c) "Entity":A corporation,partnership,trust, limited liability company or other similar legal entity.
(d) "Indebtedness": The obligation secured by the Insured Mortgage including one evidenced by electronic means authorized by
law,and if that obligation is the payment of a debt,the Indebtedness is the sum ofi
(i) the amount of the principal disbursed as of Date of Policy;
FORM T-2: Loan Policy of Title Insurance (Por Use in Texas Only) Effective 1/03/2014
(ii) the amount of the principal disbursed subsequent to Date of Poltcy;
(iii) construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the
construction of an improvement to the Land or related to the Land that the Insured was and continued to be obligated to
advance at Date of Policy and at the date of the advance;
(iv) interest on the loan;
(v) prepayment premiums, exit fees and other similar fees or penalties allowed by law;
(vi) expenses of foreclosure and any other costs of enforcement;
(vii) amounts advanced to assure compliance with laws or to protect the lien or
the priority of the lien of the Insured Mortgage before the acquisition of the estate or interest in the Title;
(viii)amounts to pay taxes and insurance;and,
(ix) reasonable amounts expended to prevent deterioration of improvements; but reduced by the total of all payments and by
any amount forgiven by an Insured.
(e) "Insured":the Insured named in Schedule A.
(1) The term"Insured"also includes:
(A) the owner of the Indebtedness and each successor in ownership of the Indebtedness, whether the owner or
successor owns the Indebtedness for its own account or as a trustee or other fiduciary,except a successor
who is an obligor under the provisions of Section 12(c)of these Conditions;
(B) if the Indebtedness is evidenced by a"transferable record,"the person or Entity who has"control'of the"transferable
record,"as these terms are defined by applicable electronic transactions law;
(C) successors to an Insured by dissolution,merger,consolidation,distribution or reorganization;
(D) successors to an Insured by its conversion to another kind of Entity;
(E) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title:
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named
Insured,
(2) If the grantee wholly owns the named Insured, or
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person or Entity;
(F) any government agency or instrumentality that iis an insurer or guarantor under an insurance contract or guaranty
insuring or guaranteeing the Indebtedness secured by the insured Mortgage,or any part of it, whether named as an
Insured or not;
(ii) With regard to(A),(B), (C), (D)and (E)reserving, however, all rights and defenses as to any successor that the Company
would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for
value without Knowledge of the asserted defect,lien,encumbrance or other matter insured against by this policy.
(f) 'Insured Claimant":an Insured claiming loss or damage.
(g) "Insured Mortgage":the Mortgage described in paragraph 4 of Schedule A.
(h) "Knowledge"or"Known":actual knowledge,not constructive knowledge or notice that may be imputed to an insured by reason
of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(i) "Land":the land described in Schedule A, and affixed improvements that by law constitute real property. The term"Land"does
not include any property beyond the lines of the area described in Schedule A, nor any right,title, interest,estate or easement
in abutting streets, roads, avenues,alleys, lanes,ways or,waterways, but this does not modify or limit the extent that a right of
access to and from the Land is insured by this policy.
(j) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means
authorized by law.
(k) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public
Records"shall also include environmental protection liens filed in the records of the clerk of the United States District Court for
the district where the Land is located.
(1) "Title":the estate or interest described in Schedule A.
(m) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title or a prospective purchaser of the Insured Mortgage to be released from the obligation to purchase,
lease or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured after acquisition of the Title by an
Insured or after conveyance by an insured, but only so long as the Insured retains an estate or interest in the Land, or holds an
obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance of the Title.
This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)
an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing(1) in case of any litigation as set forth in Section 5(a)below, or(ii) in case
Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the Insured Mortgage,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is
prejudiced by the failure of the insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice, Subject to the provisions of this policy, upon acquisition of all or any part of
the Title pursuant to the provisions of Section 2 of these Conditions, when, after the Date of the Policy, the Insured notifies the
Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that,is not
excluded or excepted from the coverage of this policy,the Company shall promptly investigate the charge to determine whether the
lien, encumbrance, adverse claim or defect or other matter is!lvalid and not barred by law or statute. The Company shall notify the
Insured in writing,within a reasonable time, of its determinatio'r as to the validity or invalidity of the Insured's claim or charge under
FORM T-2: Loan Policy of Title Insurance (For Use in Texas Only) Effective 1103/2014
the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was
otherwise addressed in the closing of the transaction in connection with which this policy was Issued, the Company shall
specifically advise the Insured of the reasons for its determination, If the Company concludes that the lien,encumbrance, adverse
claim or defect is valid,the Company shall take one of the following actions:
(€) institute the necessary proceedings to clear the lien, encumbrance,adverse claim or defect from the Title as insured;
(ii) indemnify the Insured as provided in this policy;
(iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent
owner,mortgagee or holder of the estate or interest in;the Land Insured by this policy, a policy of title insurance without
exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the
Land or, if a loan policy, the amount of the loan;
(iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception
for the lien, encumbrance,adverse claim or defect;
(v) secure a release or other document discharging the lien, encumbrance,adverse claim or defect;or
(vi) undertake a combination of(1)through(v)herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a
condition of payment that the Insured Claimant furnish a signed proof of loss.The proof of loss must describe the defect,lien,
encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the
Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any
third party asserts a claim covered by this policy adverse.to the Insured, This obligation Is limited to only those stated causes
of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice
(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action.
It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees,costs or expenses
incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the
Title or the lien of the Insured Mortgage,as insured, or to prevent or reduce loss or damage to the Insured.The Company may
take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured.The exercise of these
rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under
this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use,at its option, the name of the Insured for this purpose.Whenever requested by
the Company,the Insured, at the Company's expense, shall give the Company all reasonable aid
(I) in securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and
(ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien of
the Insured Mortgage,or any other matter as insured.If the Company is prejudiced by the failure of the Insured to furnish
the required cooperation, the Company's obligations"to the Insured under the policy shall terminate, including any liability
or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places
as may be designated by the authorized representative of the Company,all records, in whatever medium maintained, including
books, ledgers,checks, memoranda,correspondence, reports,e-mails,disks,tapes,and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or damage. Further,If requested by any authorized representative of
the Company, the Insured Claimant shall grant its permission,in writing,for any authorized representative of the Company to
examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or
damage.All Information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable judgment of the Company,it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or
grant permission to secure reasonably necessary information from third parties as required in this subsection, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY.
In case of a claim under this policy,the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness.
(1) to pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of
payment and that the Company is obligated to pay;or
(ii) to purchase the indebtedness for the amount of the Indebtedness on the date of purchase, together with any costs,
attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
purchase and that the Company is obligated to pay. When the Company purchases the Indebtedness, the Insured shall
FORM T-2: Loan Policy of Title Insurance (For Use in Texas Only) Effective 1/03/2014
transfer, assign, and convey to the Company the Indebtedness and the Insured Mortgage, together with any collateral
security. Upon the exercise by the Company of either of the options provided for in subsections(a)(i)or(ii),all liability and
obligations of the Company to the Insured under this policy, other than to make the payment required in those
subsections, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this
policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that the Company is obligated to pay;or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any
costs,attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time
of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided
for in subsections(b)(i)or(ii), the Company's obligations to the Insured under this policy for the claimed loss or damage,
other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or
continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who
has suffered loss or damage by reason of matters Insured against by this policy,
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the least of:
(i) the Amount of Insurance;
(ii) the Indebtedness; 1
(iii) the difference between the value of the Title as insurad and the value of the Title subject to the risk insured against by this
policy;or
(iv) if a government agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the
Insured Mortgage in satisfaction of its insurance contract or guaranty.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title or the lien of the Insured
Mortgage,as insured,
(I) the Amount of Insurance shall be increased by 10%,and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made
by the Insured Claimant or as of the date it is settled and paid.
(c) In the event the Insured has acquired the Title in the manner described in Section 2 of these Conditions or has conveyed the
Title,then the extent of liability of the Company shall continue as set forth in Section 8(a)of these Conditions.
(d) In addition to the extent of liability under(a), (b)and (c), the Company will also pay those costs, attorneys'fees and expenses
Incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title,or removes the alleged defect, lien or encumbrance,or cures the lack of a right of access
to or from the Land,or establishes the lien of the Insured Mortgage, all as insured,or takes action in accordance with Section 3
or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Cqmpany or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all
appeals,adverse to the Title or to the lien of the Insured Mortgage,as insured.
(c) The Company shall not be liable for foss or damage to the Insured for liability voluntarily assumed by the Insured in settling any
claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY.
(a) All payments under this policy, except payments made for costs, attorneys'fees and expenses, shall reduce the Amount of
Insurance by the amount of the payment. However, any payments made prior to the acquisition of Title as provided in Section
2 of these Conditions shall not reduce the Amount of Insurance afforded under this policy except to the extent that the
payments reduce the Indebtedness.
(b) The voluntary satisfaction or release of the Insured Mortgage shall terminate all liability of the Company except as provided in
Section 2 of these Conditions.
11. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall
be made within 30 days,
12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right to Recover.
Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title or insured Mortgage and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property,to the extent of the amount of any loss, costs,attorneys'fees and expenses paid
by the Company. If requested by the Company,the Insur.`ed Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the
name of the Insured Claimant and to use the name of theinsured Claimant in any transaction or litigation involving these rights
and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall
defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss,
(b) The Insured's Rights and Limitations.
(i) The owner of the Indebtedness may release or substitute the personal liability of any debtor or guarantor, extend or
otherwise modify the terms of payment, release a portion of the Title from the lien of the Insured Mortgage,or release any
collateral security for the Indebtedness,if it does not affect the enforceability or priority of the lien of the Insured Mortgage.
(ii) If the Insured exercises a right provided in (b)(1), but has Knowledge of any claim adverse to the Title or the lien of the
Insured Mortgage insured against by this policy, the Company shall be required to pay only that part of any losses insured
FORM T-2: Loan Policy of Title Insurance (For Use in Texas'Only) Effective 1/0312014
against by this policy that shall exceed the amount,if any,lost to the Company by reason of the impairment by the Insured
Claimant of the Company's right of subrogation.
(c) The Company's Rights Against Non-insured Obligors, The Company's right of subrogation includes the Insured's rights against
non-insured obligors including the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments that address subrogation rights, The Company's right
of subrogation shall not be avoided by acquisition of the Insured Mortgage by an obligor (except an obligor described in
Section 1(e)(i)(F)of these Conditions)who acquires the Insured Mortgage as a result of an indemnity,guarantee,other policy
of insurance,or bond and the obligor will not be an Insured under this policy.
13. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no
joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,any service in connection with its
issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of €nsurance'is $2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured, unless the insured is an individual person (as distinguished from an Entity). All arbitrable matters when
the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.Judgment upon the award rendered by the
Arbitrator(s)may be entered in any court of competent jurisdiction.
14. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any,attached to it by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or lien of the Insured Mortgage or by any action asserting
such claim,shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not(i)modify any of the terms and provisions of the policy, (ii)modify any
prior endorsement,(iii)extend the Date of Policy or(iv)increase the Amount of Insurance. Each Commitment, endorsement or
other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be
deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or
Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and
Stipulations shall be deemed to refer to the Conditions of this policy.
15. SEVERABILITY.
In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be
deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect.
16. CHOICE OF LAW; FORUM.
(a) Choice of Law:The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,
rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court
or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the
Title or the lien of the Insured Mortgage that are adverse to the Insured, and in interpreting and enforcing the terms of this
policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law,
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state
or federal court within the United States of America or its territories having appropriate jurisdiction.
17. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company
under this Policy must be given to the Company at 8111 LBJ Freeway, Suite 1200,Dallas,Texas,75251.
FORM T-2: Loan Policy of Title Insurance (For Use in TexasOnly) Effective 1/03/2014
TITLE RESOURCES GUARANTY COMPANY
LOAN POLICY OF TITLE INSURANCE (Form T-2)
SCHEDULE A
Name and Address of Title Insurance Company:
Title Resources Guaranty Company
8111 LBJ Freeay#1200
Dallas, TX 75251
File No.: 102003425 Policy No.: 581-L-102003425
Issued with Policy No.: 581-0-102003425
Loan No.:
Address for Reference only: 3616 Eagle Nest Street, Fort Worth, TX 761 D6
3624 Eagle Nest Street, Fort Worth, TX 76106
3640 Eagle Nest Street, Fort Worth, TX 761 D6
3617 Hardy Street, Fort Worth, TX 76106
3625 Hardy Street, Fort Worth, TX 761 D6
3633 Hardy Street, Fort Worth, TX 76106
3641 Hardy Street, Fort Worth, TX 76106
Amount of Insurance: $1,144,500.00 Premium: $6,141.00
Date of Policy: May 6, 2015 at 02:36PM
1. Name of Insured:
City of Fort Worth, a Texas municipal corporation, and each successor in ownership of the indebtedness
secured by the insured mortgage, except a successor who is an obligor under the provisions of Section
12(c)of the conditions.
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is:
Fee Simple
3. Title is insured as vested in:
Tarrant County Housing Partnership, Inc„ a Texas nonprofit corporation
4. The Insured Mortgage, and its assignments, if any, are described as follows:
Deed of Trust dated 05/05/2015 executed by Tarrant County Housing Partnership, Inc., a Texas nonprofit
corporation, to Vicki S. Ganske or Leann D. Guzmann, Trustee, filed for record in the Office of the
County Clerk of Tarrant County, Texas on 05/06/2015, in/under#D215094370 securing City of Fort
Worth, a Texas municipal corporation in the payment of one note of even date therewith in the original
sum of$1,144,500.00.
FORM T-2: Loan Policy of Title Insurance
Schedule A 102003425
SCHEDULE A
(Continued)
5, The Land referred to in this policy is described as follows:
Lots 2, 4, 5, 9, 10, 11 and 12, Block 4-R of the Jarvis Heights Apartments Addition, an Addition to the
City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 160719,
Page 2013, of the Plat Records of Tarrant County, Texas,
FORM T-2: Loan Policy of Title Insurance
Schedule A 102003425
SCHEDULE B
File No.: 102003425 Policy No.: 581-L-102003425
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys` fees or
expenses) that arise by reason of the terms and conditions of leases and easements, if any, shown in Schedule
A, and the following matters:
1. The following restrictive covenants of record itemized below, but the Company insures that any such
restrictive covenants have not been violated so as to affect, and that future violation thereof will not
affect, the validity or priority of the Insured Mortgage: Restrictive Covenants recorded in/under Volume
160719, Page 2013 of the Plat Records, Tarrant County, Texas.
(Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap,
familial status or national origin.)
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
[ ] Item 2 of Schedule B is hereby amended to read: "shortages in area
3. Standby fees, taxes and assessments by any taxing authority for the year 2015, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year.
[ ] Item 3 of Schedule B is hereby amended to delete: "and subsequent taxes and assessments by
any taxing authority for prior years due to change in land usage or ownership,"
[ ] Item 3 of Schedule B is hereby amended to add the following: "Company insures that standby
fees, taxes and assessments by any taxing authority for the year 2015, are not yet due and
payable."
4. Liens and leases that affect the Title, but that are subordinate to the lien of the Insured Mortgage.
5. Insert here all other specific exceptions as to superior liens, easements, outstanding mineral and royalty
interests, etc.
a. The following, all according to the plat recorded in Volume 160719, Page 2013 of the Plat Records,
Tarrant County, Texas:
20 foot building line along the property line (all Ipts)
10 foot utility easement along the front property line (ail lots)
b. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a document:
Granted to: Texas Electric Service Company
Recording No: Volume 5807, Page 630
FORM T-2: Loan Policy of Title Insurance
Schedule B 102003425
SCHEDULE B
(Continued)
c. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a document:
Recording No: Volume 388-103, Page 77
d. Agreement of Subordination Non-Disturber and Attornment
Recording Date: June 18, 1976
Recording No.: Volume 6036, Page 529
e. Oil, Gas and Mineral Lease, together with all rights incident thereto.
Lessor: Casa Santa, LP
Lessee: Keystone Exploration, Ltd
Dated: April 15, 2007
Recording No.: Clerk's File No. D207113452
Said mineral interest not traced subsequent to the date of the above-cited instrument.
f. Oil, Gas and Mineral Lease, together with all rights incident thereto.
Lessor: Dao, Jacques&Cindy Dao
Lessee: Keystone Exploration, Ltd.
Dated: April 15, 2007
Recording No.: Clerk's File No, D207089243
Said mineral interest not traced subsequent to the date of the above-cited instrument.
g. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating
thereto as set forth in the document
Recording No.: Clerk's File No. D210057987
Said mineral interest not traced subsequent to the date of the above-cited instrument.
h. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating
thereto as set forth in the document
Recording No.: Clerk's File No. D210044625
Said mineral interest not traced subsequent to the date of the above-cited instrument.
i. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating
thereto as set forth in the document
Recording No.: Clerk's File Nos, D212018026, D212018027, D212018029, D212026188,
D212026189, D212051409, D212086858, D212097640, D212109688, D212109689, D212148011 and
D212148012
Said mineral interest not traced subsequent to the date of the above-cited instrument.
FORM T-2: Loan Policy of TiOe Insurance
Schedule B 102003425
SCHEpULE B
(Continued)
j. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in
Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are
not listed.
k. Visible and apparent easements not shown by the public records,
t. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the land,
Countersigned:
Provi ce Com n
By:
Authorized Countersignature
FORM T-2: Loan Policy of Title Insurance
Schedule B 102003425
.FMT LE
RESOURCES
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter
una queja:
You may call Title Resources Guaranty Usted puede liamar aI numero de
Company's toll-free telephone number for telephono gratis de Title Resources
information or to make a complaint at: Guaranty Company's para informacion o
para someter una queja al:
1-800-526-8018 1-800-526-8018
You may also write to Title Resources Usted tamblen puede escribir a Title
Guaranty Company at: Resources Guaranty Company at:
Attention: Claims Department Attention: Claims Department
8111 LBJ Freeway, Suite 1200 8111 LBJ Freeway, Suite 1200
Dallas, TX 75251 Dallas, TX 75251
You may contact the Texas Department of Puede comunicarse con el Departamento
Insurance to obtain information on de Seguros de Texas para obtener
companies, coverages, rights or informacion acerca de companias,
complaints at: coberturas, derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Puede escribir al Departamento de
Insurance: Seguros de Texas:
P. 0. Box 149104 P. 0. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
Fax: (512)475-1771 Fax: (512)475-1771
Web: http://www,tdi.state.tx.us Web: http://www,tdi,state.tx,us
E-mail: E-mail: ConsumerProtection@tdi.state.tx.us
ConsumerProtection@td i.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O
Should you have a dispute concerning RECLAMOS:
your premium or about a claim you should Si tiene una disputa concerniente a su
contact the company first. If the dispute is prima o a un reclamo, debe comunicarse
not resolved, you may contact the Texas con la compania primero. Si no se resueive
Department of Insurance, la disputa, puede entonces comunicarse
con el departamento(TDI).
ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA:
POLICY: This notice is for information only Este aviso es solo para proposito de
and does not become a part or condition of informacion y no se convierte en parte o
the attached document. condicion del documento adjunto.
28 TAC§1.601(a)(3)
D215094369 51612015 2.36 PM PGS 6 Fee: $36.00 Submitter: SIMPLIFILE
Electronically Recorded by Tarrant County Clerk in Official Public Records �-f"
� o-ts�r`t�cc� �•�:. Mary Louise Garcia
SPECIAL WARRANTY DEED
DATE: May 5, 2015
GRANTOR: City of Fort Worth,Texas,a Texas municipal corporation
GRANTOR'S MAILING ADDRESS:
C/O Director of Neighborhood Services Department
1000 Throckmorton St_
Fort Worth, Tarrant County,TX 76102
GRANTEE: Tarrant County Housing Partnership,Inc.,
a Texas non-profit corporation
GRANTEE'S MAILLNG ADDRESS:
3204 Collinsworth St., Fort Worth, Tarrant County, TX 76107
CONSIDERATION: Ten Dollars and and other good and valuable consideration.
PROPERTY(including any improvements):
More particularly described on the attached Exhibit "A", incorporated hereon for all
purposes,
commonly known.as 3616 Eagle Nest Street, 3624 Eagle Nest Street, 3640 Eagle Nest
Street, 3617 Hardy Street, 3625 Hardy ,street, 3633 Lardy Street, 3641 Hardy
Street,Fort Worth,TX 76106.
RESERVATIONS FROM CONVEYANCE:
None.
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
This conveyance is expressly made by Grantor and accepted by Grantee subject to any and
all restrictions, existing easements; rights-of-way and prescriptive rights, whether of record
or not; all presently recorded and validly existing instruments,covenants, conditions,zoning
laws, regulations, ordinances of municipal and other governmental authorities and
reservations, including, but not limited to, minerals previously reserved or conveyed, if any,
relating to the Property, but only to the extent that they are still in effect.
SPECIAL WARRANTY DEED—HOME CHDO FUNDS Pape 1
TCHP—7 Lots on Eagle Nest Street and Hardy StreetRev.05-05-15
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE,
DOES NOT MAKE AIS SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS
OR GUARANTIES OF ANY FIND OR CHARACTER WHATSOEVER, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF,
AS, TO CONCERNING OR WITH RESPECT TO (.A) THE VALUE, NATURE,
QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT
LINIITATION, TIIE WATER, SOIL, AND GEOLOGY, (B) THE INCOME TO BE
DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY
FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT
THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF
ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE
HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER
OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY,
INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) EXCEPT FOR THE
WARRANTY OF TITLE IN THIS DEED,ANY OTHER MATTER WITH RESPECT TO
THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES
NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS
REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION,
POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR
REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART
261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY OF ANY
HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE
ENVIRONMENT RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. GRANTEE
FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY
ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY
INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR. AS A
MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, GRANTOR
AND GRANTEE AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS
WITH ALL FAULTS" BASIS WITH ANY AND ALL LATENT AND PATENT
DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE
PROPERTY IS FIT FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES
THAT IT IS NOT RELYING UPON ANY REPRESENTATIONS, STATEMENTS,
ASSERTIONS OR NON-ASSERTIONS BY THE GRANTOR WITH RESPECT TO THE
PROPERTY CONDITION,BUT IS RELYING SOLELY UPON ITS EXAMINATION OF
THE PROPERTY. GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS
SPECIAL WARRANTY DEED—HOME CHDO FUNDS Page 2
TCHP--7 Lots on Eagle Nest Street and Hardy StreetRev.05-05-15
UNDERSTANDING THERE ARE NO EXPRESS OR IMPLIED WARRANTIES
(EXCEPT FOR LIMITED WARRANTIES OF TITLE SET FORTH IN THE CLOSING
DOCUMENTS). AFTER CLOSING, AS BETWEEN GRANTEE AND GRANTOR, THE
RISK OF LIABILITY OR EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF
ARISING FROM EVENTS BEFORE CLOSING, WILL BE THE SOLE
RESPONSIBILITY OF GRANTEE, REGARDLESS OF WHETHER THE
ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING.
ONCE CLOSING HAS OCCURRED, GRANTEE INDEMNIFIES, HOLDS HARMLESS
AND RELEASES GRANTOR FROM LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION
AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT OR THE
TEXAS WATER CODE. GRANTEE INDENINIFIES, HOLDS HARMLESS AND
RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS OR CONDITIONS AFFECTING THE PROPERTY ARISING AS THE
RESULT OF GRANTOR'S OWN NEGLIGENCE OR THE NEGLIGENCE. OF
GRANTOR'S REPRESENTATIVES. GRANTEE INDEMh7FIES, HOLDS HARMLESS
AND RELEASES GRANTOR FROM ANY LIABILITY FROM ANY AND ALL
PRESENT OR FUTURE CLAIMS OR DEMANDS AND ANY AND ALL DAMAGES,
LOSS, IN.TURY, LIABILITY CLAIMS OR COSTS, INCLUDING FINES, PENALTIES
AND JUDGMENTS AND ATTORNEYS FEES ARISING FROM OR IN ANY WAY
RELATED TO THE CONDITION OF TIIE PROPERTY ARISING AS A RESULT OF
THEORIES OF PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW
LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE
DATE OF THIS DEED THAT WOULD OTHERWISE IMPOSE ON GRANTOR IN
THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS OR CONDITIONS AFFECTING THE PROPERTY. PROVISIONS OF
THIS SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD AND
AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR
NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY
GRANTOR AND PURCHASED BY GRANTEE SUBJECT TO THE FOREGOING.
GRANTEE ACKNOWLEDGES AND ACCEPTS ALL THE TERMS AND PROVISIONS
BY HIS ACCEPTANCE HEREOF.
SPECIAL WARRANTY DEED—HOME CHDO FUNDS Page 3
TCHP—7 Lots on Eagle Nest Street and Hardy StreetRev.05-05-15
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claun the same or any part thereof when the claire is by,
through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
Fernando Costa, Assistant City Manager
AP;:ROVED AS TO FORM AND LEGALITY:
' eann Guzman Se or Assistant Ci Attorney
Y
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �� �, 2015 by .
Fernando Costa, Assistant City Manager of the City of Fort WoA, on behalf the City of Fort
Worth.
VICKI S,GA�ISKE Notary Public, State of Texas
Notary Public
exp.
06H
°
STATE OF TEXAS
6*01
mw
[Grantee Signature to Follow]
SPECIAL WARRANTY DEED—HOME CHDO FUNDS Page 4
TCHP 7 Lots on Eagle Nest Street and Hardy StreetRev.05-05-15
GRANTEE:
TARRANT COUNTY DOUSING
PARTNERSHIP, INC., a Texas nonprofit
corporation
By:
na ess, eside
a
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on N , 2015 by Dorizta
YanNess, President of Tarrant County Housing Partnership, Ia., a Texas nonprofit corporation,
on behalf of such corporation.
Notary Public, to of Texas
Pau
P('40, AA11SA MltiCliLER
TEXAS F O
STATENotA?E b�'TEXAS
My Comm.Exp,S"t 20,201
SPECIAL WARRANTY DEED—HOME CHDO FUNDS Page 5
TCHP—7 Lots on Eagle Nest Street and Hardy Street Rev.05-05-15
Exhibit "A""
Street Address Legal Description of ProperV
3616 Eagle Nest Lot 5, Block 4-R, Jarvis Heights Apartments Addition, an Addition to the
Street City of Fort Worth,Tarrant County,Texas,according to the Plat recorded
in County Clerk's File No.D213160719, of the Official Public Records,
Tarrant County,Texas
3624 Eagle Nest Lot 4, Block 4-R, Jarvis Heights Apartments Addition,an Addition to the
Street City of Fort Worth, Tarrant County, Texas,according to the Plat recorded
in County Clerk's File No.D213160719, of the Oficial Public Records,
Tarrant County;Texas
3640 Eagle Nest Lot 2,Block 4-R, Jarvis Heights Apartments Addition,an Addition to the
Street City of Fort Worth,Tarrant County, Texas, according to the Plat recorded
in County Clerk's File No.D213160719, of the Official Public Records,
Tarrant County,.Texas
3617 Hardy Lot 12, Block 4-R,Jarvis Heights Apartments Addition,an Addition to
Street the City of Fort Worth,Tarrant County,Texas, according to the Plat
recorded in County Clerk's File No. D213160719, of the Official Public
Records,Tarrant County, Texas
3625 Hardy Lot 11, Block 4-R, Jarvis Heights Apartments Additioax,an.Addition to
Street the City of Fort Worth, Tarrant County,Texas, according to the Plat
recorded in County Clerk's File No. D213160719, of the Official Public
Records, Tarrant County, Texas
3633 Hardy Lot I0,Block 4-R,Jarvis Heights Apartments Addition,an Addition to
Street the City of Fort Worth,Tarrant County, Texas, according to the Plat
recorded in County Clerk's File No.D213160719, of the Official Public
Records,Tarrant County, Texas
3641 Hardy Lot 9, Block 4-R, Jarvis Heights Apartments Addition,an Addition to the
Street City of Fort Worth,'Tarrant County,Texas, according to the Plat recorded
in County Clerk`s File No.D213160719,of the Official Public Records,
Tarrant County,Texas
SPECIAL WARRANTY DEED—HOME CHDO FUNDS Page 6
TCIP 7 Lots on Eagle Nest Street and Hardy StreetRev. 05-05-15