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HomeMy WebLinkAboutContract 45957-A1 (2)7: \ 1 IA Op 41.1I1 V.;a:GrEll'AVed FIRST AMEN]JMENT TO CITY SECRETARY CONTRACT NO. 45957 WHEREAS, on October 30, 2013 the City of Fort Worth ("City") and Tarrant County Housin i artnershi , Inc.("Developer")made and entered into Contract No. b p City Secretary 45057 (the "Contract"), as authorized by the City Council in M&C C-25531 adopted on March 27, 2012 which provided $1,115,000 of City's HOME funds to Developer for the development and construction of up to 10 single family houses in the Hillside-Morningside neighborhood ; WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development through the HOW, Investment Partnerships Program, Catalog of Federal Domestic Assistance N o. 14.239; WHEREAS, a portion of the City's HOME funds are reserved for the use of certain housing development entities that qualify under the HOME Regulations as a Community Ilousing Development Organization ("CHDO") and Developer is qualified as a CHDO under the HOME Regulations; WHEREAS, Developer requested HOME CHDO funds for the construction of a single family house located at 1205 E. Jessamine Street to be sold to HOME Eligible Buyers under the terms and conditions set forth in the Contract; WHEREAS, the lot at 1205 Jessamine Street is yet not ready for construction to commence, however the lot at 1244 E. Jessamine Street is, and Developer has requested an amendment to the Contract to allow the lot at 1244 E. Jessamine Street to be substituted for the original lot at 1205 E. Jessamine Street. City has agreed to the substitution in order to meet the HOME requirements for the project and for the development to be built out in a timely manner; WHF,REAS, it is the mutual desire of City and Developer to amend the Contract to complete the project and meet Contract objectives. NOW THEREFORE, City and Developer hereby agree as follows I. Section 2. D FFINITIONS is amended to be and read as follows: "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 locatedon the Property and/or in such improvements. The house will be commonly known as 1244 E. Jessamine Street, Fort Worth, TX 76104. The Required Improvements are part of an infill housing development project in which Developer will construct and sell single family housing in the Hillside-Morningside neighborhood to HOME, Eligible Buyers (the "project"). CONTRACT AMENDMENT to CSC No. 45957 Tarrant County Housing Partnership, Inc. — 1244 E. Jessamine St. OFFIJCIAL RECORD r!TY SECETTARY ET. WORTH, TX Page 1 Rev. 09/2015 1 II In all other Sections and Exhibits of the Contract, the address "1244 E. Jessamine Street" shall be substituted for 1205 E. Jessamine Street. III This amendment is effective as of the Effective Date of the Contract. IV. All other teixus and conditions of City Secretary Contract No 45957 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. Capitalized telnis not defined herein shall have meanings assigned to them in the Contract. [SIGNATURES TO FOLLOW] CONTRACT AMENDMENT to CSC No. 45957 Tarrant County Housing Partnership, Inc. — 1244 E. Jessamine St. Page 2 Rev. 09/2015 4-411 ACCEPTED AND ATTEST: City Sec M&C C--`t25531 CITY OF FORT WORTH By: APP VED AS TO FORM ND LEGALITY: R c---1/ yQ71-11,:c skO Vicki S. Ganske, Senior Assistant City Attorney Fernando Costa, Assistant City Manager TARRANT COUNTY HOUSING PARTNERSHIP, a Texas non-profit corporation By Donna�anN ess President OFFICIMI. tiECORD CITY SECRETARY Ft WORTH, TX • CONTRACT AM RNDMENT to CSC No. 45957 Tarrant County Housing Partnership, Inc. — 1244 E Jessamine St. Page 3 Rev. 09/2015 M&C Review Page 1 of 3 OUNCIL GENDA COUNCIL ACTION: Approved on 3/27/2012 Official site of the City of Fort Worth, Texas FORT WORTH DATE: 3/27/2012 REFERENCE LOG C-25531 NAME 17TCHP_HILLSIDE\MORNINGSIDE_10 NO.:CODE' C TYPE: NON PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Expenditure in the Amount of $1,115,000.00 of HOME Investment Partnerships Program Grant Funds to Tarrant County Housing Partnership, Inc., for the Development of Ten Single Family Houses in the Hillside-Morningside Neighborhood, Authorize Execution of Conditional Commitments and Contracts (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize substitution of funding years in order to meet commitment, disbursement and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development; 2. Authorize expenditure of $1,115,000.00 in HOME Investment Partnerships Program Grant funds as allocated in the 2011-2012 Action Plan to Tarrant County Housing Partnership, Inc., a certified Community Housing Development Organization, for the development of up to ten single family houses in the Hillside-Morningside neighborhood 3. Authorize execution of conditional commitments with Tarrant County Housing Partnership, Inc., that conditions funding, among other things, on satisfactory completion of HOME Investment Partnerships Program requirements; 4. Authorize execution of contracts with the Tarrant County Housing Partnership, Inc., for the project for a three year term beginning on the date of execution of the contract; 5. Authorize extension or renewal of the conditional commitment(s) or the contract(s) if Tarrant County Housing Partnership, Inc., requests an extension and such extension is necessary for completion of the project; and 6. Authorize amendment of the conditional commitment(s) or the contract(s) 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. DISCUSSION: On May 14, 2011 the City issued a Request for Proposals (RFP) for certified Community Housing Development Organizations (CHDO) to award and expend up to $1,261,931.00 of HOME Investment Partnerships Program Grant funds. On November 18, 2011, the Tarrant County Housing Partnership, Inc., (TCHP) submitted a response requesting $617,884.00 of the available HOME funds to acquire 17 sites on which it proposed to construct single family houses. The request also included funds for CHDO operating expenses. Staff reviewed all RFP submissions and recommended the award to TCHP of $1,115,000.00 in HOME funds to the Community Development Council (CDC) at its meeting held on May 25 2011. http://apps.cfwnet org/council packet/mc review.asp7ID=16625&councildate=3/27/2012 9/18/2015 M&C Review Page 2 of 3 The CDC agreed with Staffs funding recommendation for the Project. Up to $100,000.00 of the awarded funds will be used for operating expenses and $1 008,943.10 for construction of 10 houses and other development expenses including the developer fee which is based on the cost of construction. TCHP plans to develop up to 10 single family houses to be located in the Hillside-Morningside neighborhood. There are three floor plan options available varying in square footage from approximately 1300 to 1600 square feet with three bedrooms, two baths and a rear detached garage. The houses will be sold to an individual or family that earns 80 percent or less of Area Median Income as determined by the United States Department of Housing and Urban Development (HUD). Buyers must meet all HOME Program requirements including applying for and receiving at least $1,000.00 in down payment and/or closing cost assistance from the City's Homebuyer Assistance Program and occupying the house as their primary residence for five years. Citv Staff recommends the following Contract terms: i. Construction must begin within six months of date of contract execution; ii. TCHP's performance under the contract and use of the HOME funds will be secured by a recorded Deed of Trust; iii. Houses must be sold to a HOME eligible buyer; and iv. TCHP will be allowed a 10 percent developer's fee based on the cost to construct the houses. The expenditure of HOME funds is conditioned upon the following: Satisfactory completion of the environmental review per 24 CFR Part 58; and ii. Authorization to use grant funds from HUD. The Action Plan's funding years for federal funds selected may vary and be substituted based on the principle of First In, First Out (FIFO) in order to expend oldest grant funds first. The HOME funds may be used for any eligible costs related to the development. Staff recommends the expenditure up to $1,115,000.00 in HOME funds for the Project to benefit low and very low income citizens by providing affordable housing. A public comment period on the expenditure of these HOME funds was held from June 28, 2011 to July 27, 2011. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 539120 017206531090 $100.000.00 GR76 539120 017206531100 $1.008.943.10 GR76 539120 005206123100 $6.056.90 Submitted for City Manager's Office by: Oriainatina Department Head: FROM Fund/Account/Centers GR76 539120 017206531030 $100.000.00 GR76 539120 017206531040 $1.0081943.10 GR76 539120 005206123970 $6.056.90 Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) http://apps.cfwnet.org/council packet/mc review.asp?ID=16625&councildate=3/27/2012 9/18/2015 M&C Review Page 3 of 3 Additional Information Contact: Fabiola Suarez (6811) ATTACHMENTS 17TCHP.MAP.ndf http://apps.cfwnet.org/councilpacket/mc review.asp7ID=16625&councildate=3/27/2012 9/18/2015