HomeMy WebLinkAboutContract 37711CITY SECRETARY l I
CONTRAC`T N4,
AMENDMENT TO
CITY SECRETARY CONTRACT NUMBER 26207
STATE OF TEXAS §
COUNTY OF TARRANT §
I. Amended Contract
This Amendment is an amendment to City Secretary Contract Number 26207 and shall
be cumulative to that Contract as amended and extended and shall not repeal any of the
provisions of said Contract except for those instances where there are direct conflicts
with the provisions of this Amendment.
II. Parties
The original parties to City Secretary Contract No. 26207, and all amendments and
extensions thereto (collectively, the "Contract"), were the City of Fort Worth, Texas and
Carter Metropolitan Community Housing Development Corporation. The City of Fort
Worth, Texas and Carter Community Housing Development Corporation agreed to an
Assignment of the Contract, as amended and extended, which assigns the duties and
responsibilities and benefits previously accruing to Carter Community Housing
Development to Fort Worth Housing Finance Corporation. All the provisions of the
original Contract, as amended and extended, and this Amendment which refer to the
"Contractor" shall now be considered to apply to the Fort Worth Housing Finance
Corporation.
Current parties to the Contract are"
• City of Fort Worth, Texas acting by and through its First Assistant City Manager
Joe Paniagua
• Fort Worth Housing Finance Corporation, acting by and through its Assistant
General Manager, Joe Paniagua,
III. Contract Sections Amended
A. City Secretary Contract Number 26207 is amended by changing the
following section:
• Section 1.9.4 is amended from the original Contract, City Secretary
Contract No. 26207, to read as follows:
1.9.4 City Secretary Contract No. 26207 and the
exhibits attached thereto, and all amendments and
extensions, which are incorporated by reference and
made a part of this Contract for all purposes, and
the subsequent Assignment, which changed the
parties to the Contract by replacing Carter
Metropolitan Community Housing Development
with Fort Worth Housing Finance Co oration OOFICIAL RECORD
CITY SECRETARY
FTT, WORTH, TX
this Amendment to the Contract constitutes the
entire contract by the parties hereto concerning the
work and services to be performed under this
Contract. Any prior or contemporaneous oral or
written agreement, other than City Secretary
Contract No 26207 and all amendments and
extensions thereto, the Assignment of City
Secretary Contract No. 26207 and this Amendment
to City Secretary Contract No. 26207, which
purports to vary the terms of this Contract, as
amended and extended, shall be void. Any
amendments to this Contract must be in writing and
must be approved by each party to this Contract.
B. City Secretary Contract No. 26207 is amended by adding the following
sections.
• 2.1.2 The City will disburse an amount not to exceed Forty -Eight
Thousand Dollars ($48,000.00) in available funds from the Rental
Rehabilitation Income Fund for the purpose of repairing and selling the
house located at 2912 Walker Street. Such funds will be disbursed in
accordance with Exhibit 13.4, attached hereto and incorporated herein for
all purposes. Any funds that are not expended shall be either retained by
or returned to the City.
• 3.2.1 Contractor agrees that the Forty -Eight Thousand Dollars
($48,000.00) will be disbursed in accordance with Schedule 15.-1, and that
any funds that are not required to be expended will be retained by or
returned to the City.
• 3.3.2 Contractor shall provide an acceptable schedule for the work to be
done on the house located at 2912 Walker Street.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE)
SIGNED this day of 2008.
On behalf of Fort Worth Housing Finance Corporation, I Joe Paniagua, attest that I am
signing this document in my capacity as the Assistant General Manager for Fort Worth
Housing Finance Corporation and that I have authority to sign on behalf of Fort Worth
Housing Finance Corporation, and that, for the consideration set forth above, Fort Worth
Housing Finance Corporation agrees to be bound by all of the terms and conditions of
City Secretary Contract No. 26207, both the original Contract and this Amendment.
General Manager
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned on this day personally appeared Joe Paniagua,
Assistant General Manager, for the to Worth Housing Finance Corporation and attested
that he is authorized to sign on behalf of Fort Worth Housing Finance Corporation. Joe
Paniagua proved to me through personal knowledge to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed. Mr. Paniagua furthermore
attested that he is signing this document in his capacity as Assistant General Manager for
and on behalf of Fort Worth Housing Finance Corporation, and that such capacity makes
his signature valid and binding to Fort Worth Housing Finance Corporation,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � day of
2008.
�o,PaYP��,<< MAF11A y. SANCHEZ NO�'ARY PUBLIC, STATE OF
� NOTARY PUHLIC
STATE OF TEXAS
�''lF OF ���` My Comm. Exp.12-14-2009
On behalf of the City of Fort Worth, I, Joe Paniagua, attest that I am signing this
document in my capacity as First Assistant City Manager for the City of Fort Worth and
that the City of Fort Worth consents to the transfer of City Secretary Contract No. 26207,
as now existiw or asmay be amended.
Appro}�ed As To Form And Legality:
Vicki S. Ganske, Sr
STATE OF TEXAS
COUNTY OF
stant City Attorney
M&C: G-16081
Date: March 18, 2008
BEFORE ME, Ri lg .S . J G'r'L on t is da personally
appeared Joe Paniagua, known to me or proved to me on the oath of
or through the presentation of a valid Texas Driver's license, to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
IVEN UN ER MY HAND AND SEAL OF OFFICE, this
of
MARIA S. SANCHEz -
NOTARY PUBLIC
STATE OF TEXAS t N6TAIRY PUBAIC, ST TE OF
My COmm. Exp.12-14w2009
day
OFFICf�L RECORi�
CITY SEf:RETARY
T. WORTH, TX
Page 1 of 2
•- • �
� . • • • , •
DATE: Tuesday, March 18, 2008
LOG NAME: 05CARTERMETRO
SUBJECT:
Approval of Assignment of Carter Metropolitan Community
City Secretary Contract No. 26207, and Transfer of Title
Housing Finance Corporation to Complete Fulfillment of
Program Requirements
RECOMMENDATION:
It is recommended that the City Council:
REFERENCE NO.: G-16081
Development Corporation Duties under
of Certain Properties to the Fort Worth
HOME Investment Partnerships Grant
1. Approve the assignment of duties by Carter Metropolitan Community Development Corporation to the
Fort Worth Housing Finance Corporation for City Secretary Contract No. 26207, funded through the HOME
Investment Partnerships Grant Program;
2. Approve the transfer by the Community Development Corporation of five residential lots and one
completed house located at 2912 Walker Street, Fort Worth, Texas, to the Fort Worth Housing Finance
Corporation to complete fulfillment of regulatory requirements of the United States Department of Housing
and Urban Development;
3. Approve the transfer of $48,000 in undesignated funds from the Rental Rehabilitation Program Income
Fund to the Fort Worth Housing Finance Corporation to be used to complete the 2912 Walker Street
project;
4. Amend the Contract to include the $48,000 for repair costs for 2912 Walker Street, to extend the time of
performance, and include any other terms necessary to complete regulatory requirements; and
5. Authorize the City Manager or his designee to execute such legal documents as may be necessary to
implement this assignment of the Contract to Fort Worth Housing Finance Corporation on behalf of the City,
and any necessary amendments and modifications as may be necessary to ensure fulfillment of Housing
and Urban Development regulatory requirements.
DISCUSSION:
Carter Metropolitan Community Development Corporation (CDC), a certified Community Housing
Development Organization (CHDO), contracted with the City of Fort Worth in December, 2001, to construct
three single-family houses for low or moderate income homebuyers at scattered infill sites in neighborhoods
throughout the southeast sector of the City to promote revitalization. The Contract was funded through a
$230,000 grant of HOME Program grants from Housing and Urban Development (HUD). The City has to
date provided the CDC with all HOME funds authorized by the Contract. Two houses have been
constructed and one sold, one house is currently vacant and in disrepair, and five lots were acquired or
otherwise assisted with HOME funds. HUD regulations require that at least 3 homes be completed to fulfill
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/7/2008
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Contract requirements, and that affordable homes be built on all the lots.
The CDC has negotiated an agreement with the City Housing Department to allow the Fort Worth Housing
and Finance Corporation (FWHFC) to complete development of the remaining affordable houses, and to
repair and sell the house at 2912 Walker Street. As HUD guidelines do not allow use of additional federal
grant funds or HOME program income for repair of the Walker Street property, it is recommended that
$48,000 in available funds from the Rental Rehabilitation Income Fund be allocated for this purpose, and
that the Contract be amended to include the use of these funds. In addition, the CDC will also provide
FWHFC with all remaining proceeds from the sale of the first house constructed, to be used to construct the
third required housing unit.
Vacant lots presently owned by the CDC at 1118 Tucker Street, 802 East Magnolia, 1139 Cannon Street,
and 4521/4525 Trueland will be conveyed to the FWHFC as part of the Contract assignment.
Approval of this action will ensure that all HUD regulatory requirements are met for the HOME funds
expended.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the recommendations, funds will be available in the
current operating budget of the Fort Worth Housing Finance Corporation (FWHFC).
TO Fund/Account/Centers
GR92 539120 005206078060 $48,000.00
Su�rm-itted for City Manager's Office �y:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR92 539120 005206078010 $48,000.00
Joe Paniagua (6191)
Jerome Walker (7537)
Charlie Price (7381)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/7/2008