Loading...
HomeMy WebLinkAboutContract 52526-A1 CSC No.52526-A1 AMENDMET NO. 1 TO CITY OF FORT WORTH CONTRACT 52526 This Amendment is entered into by and between the City of Fort Worth (hereafter "City'), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Housing ChanneI (hereafter 'Developer') a Texas Community Housing Development Corporation ("CHDO"). City and Developer shall be referred to individually as a Party and collectively as the Parties. WHEREAS, on July 16, 2019, the Parties entered into City Secretary Contract 52526 for Developer to use Home Investment Partnerships Program grant ('TIOME") funds to construct a single-family, affordable home at 1003 Baurline Street to sell to eligible buyers ("Contract"); and WHEREAS,the Contract did not include provisions necessaryto address policy changes related to its CHDO policy and use of CHDO proceeds from the sale homes constructed using HOME funds; WHEREAS,it was agreed by the parties that the new policy would apply to this Contract to carry out the City's goals and Developer's mission; WHEREAS, budget line items and the reimbursement schedule require a final revision to reconcile the remaining HOME Funds to more accurately reflect actual spending; and WHEREAS, the Parties wish to amend the Contract to include the necessary provisions to address the use of CHDO proceeds by Developer in accordance with the City's CHDO policy. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS A. Section 4.4 shall be amended and replaced to read as follows: 4.4 Provide HOME Funds City shall provide up to $90,590.46 of HOME Funds in the form of the HOME Loan for the eligible expenses for the development of the house under the terms and conditions described herein. B. Section 7.9.1 shall be amended and replaced to read as follows: 7.9.1 Use of CHDO Proceeds by Developer. Developer shall retain the CHDO Proceeds to be used for hard and soft costs associated with the construction of at least 1. additional affordable single family house within the City to be sold to a HOME Eligible Buyer. The CHDO Proceeds resulting from the sale of the house described in this Contract shall be combined with the CHDO Proceeds resulting from the sale of the other 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX houses constructed as part of the Riverside Single Family Infill Development, and with a Commercial Loan in a sufficient amount to complete the construction of the additional house. Developer shall submit its proposed plans, location, and construction budget for the additional house to City for its approval prior to Iot acquisition or commencing construction. City shall monitor Developer's use of the CHDO Proceeds to ensure that they are used for HOME-eligible affordable housing activities. Developer shall keep CHDOproceeds separately from its other funds and shall give City quarterly reports on the status and location of these funds. Developer may retain the net sales proceeds resulting from the sale of this additional house free of any further City or HOME requirements. C. Changes to Exhibit Band Exhibit C: The Budget shown on EXHIBIT "B" —BUDGET and the Reimbursement Schedule shown on EXHIBIT "C" — PROJECT AND REIMBURS < <NT SCHEDULE of the Contract are hereby replaced by EXHIBIT "B" — BUDGET Revised 02/2021 and EXHIBIT "C" PROJECT AND REIMBURSEMENT SCHEDULE Revised 02/2021 attached hereto, and deemed effective as of July 16, 2019. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment and Extension may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. (Signature pagefollows) ACCEPTED AND AG + + : CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person cc__ responsible for the monitoring and administration By: Fernando Costa(Feb 26,202112:54 CST) of this contract, including ensuring all Name: Fernando Costa performance and reporting requirements. Title: Assistant City Manager Date: Feb 26, 2021 2y By: Chad Lagoque(Feb 26,202109:52 CST) APPROVAL RECOMMENDED: Name: Chad Lagoque Title: Housing Development Manger By: APPROVED AS TO FORM AND LEGALITY: Name: Victor Turner Title: Director of Neighborhood Services �aa � AITEST. 1 O00000000000�Oa� By. Jo Pate(Fe 2� n 12:47 CST) AI TEST. ° °p��j '-'1 Name: Jo Ann Pate a-o o-+o % w o o=� Title: Assistant City Attorney By: ` a U �oo o 00 D000000 GY a nExAsapp CONTRACT AUHiORIZATION: Name: Mary J. Kayser M&C: C-29138 Title: City Secretary Developer: Wdif ra �a�r�refs donna vanness(Feb 23,2021 18;36 CST) Name: Donna VanNess Title: President Date: Feb 23, 2021 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EXIM IT"B" BUDGET HOUSING CHANNEL 1003 Baurline Total Cost: $ 224,575.46 Project HOME]Funds Awarded: $90,590.46 HOME Funds will be paid only as reimbursement for eligible expenses. Development Budget Use of Funds Source of Funds Predevelopment Cost HOME$ OTHER$ SOURCEOFOTHER TOTALS FUNDS FUNDS FUNDS FUNDS (1) (2) (Names) (1+2) 1.Market Study 500 500 2.Feasibility (i.e.:preliminary work write- up,cost estimates,design,band, Environmental Studies) 3,570 3,530 3.Other Total Predevelopment Cost(1+2=3) 4,070 4,030 Development Cost 4.Land and/or building acquisition 18,176.54 18,176.54 5.Soft Casts(Utilities,Security,etc.) 2,855.93 2,466.82 6.Construction Cost Commercial lender— 31,100 122,400 Happy State Bank 153,500 7.Fence 8.Landscape 9.Contingency 10.Appraisal 375 Sales proceeds 375 11.Architect&Engineering Fees 173 Sales proceeds 173 12.Construction Management Fee/ Developer Fee 13.Construction Loan Interest 5,095.54 4,520.53 14.Property Survey 15.Legal Fees 16.Real Estate Fees 10,830 Sales proceeds 10,830 17.Utility Hookup/Impact Fees 18.Title&Recording Fees 207 Sales proceeds 207 19.Program and Related Expenses 20.Construction Management 21.Bond Fees Total Development Cost 61,298.01 133,985 195,283.01 22.Developer Fee(15%of Total Development Costs) 29,292.45 29,292.45 Total Cost 90,590.46 133,985 224,575.46 CHDO SINGLE FAMILY CONTRACT Riverside Int-ill Project Housing Channel—1003 Baurline Street Rev 01/14/2021 EXIMIT ccC" PROJECT AND REIMBURSEMENT SCHEDULE HOUSING CHANNEL 1003 Baurline Street Phas a Activity Beginning Week—subject to weather permitting PHASE ACTIVITIES: Contract signed Land anal/or Building Acquisition PHASE I DEADLINE: $18,176.54 11/5/19 1stPayment* PHASEIIACTIVIITES: Performance Bond Construction costs PHASE E DEADLINE: Ind Payment* $34,670 11/5/19 PHASE III ACTIVIITES: Market Study Soft costs (utilities,security) Construction loan interest PHASE III DEADLINE: 2n'Payment* $4,808.71 09/18/20 PHA SE IVACTIVIITES: Construction loan interest Soft costs (utilities,security) PHASE IV DEADLINE: FINAL PAYMENT** $3,642.76 2/28/21 CONSTRUCTION TOTAL $61,298.01 DEVELOPER FEE Paid after closing of sale to HOME $29,292.45 Eligible Buyer per Section 7.8* *Developer will be reimbursed for eligible expenses only. All amounts are estimates and are subject to change. **Exhihit"G"-HOME Project Compliance Report must be submitted prior to reimbursement for Construction Final Payment, Construction Final Payment will not be made alter closing of sale to the Eligible HOME Buyer. CHDO SINGLE FAMILY CONTRACT Riverside Street Intill Project Housing Channel—1003 Baurline Rev 01/14/2021 M&C Review { Official site of the City-of Fa rt-Warth,Texas �R TORTij QTy COUNCIL AG8NDA COUNCIL ACTION: Approved on 6/4/2019 REFERENCE** 19RIVERSIDE SINGLE FAMILY DATE: 6/4/2019 NO.: C-29138 LOG NAME: INFILL DEVELOPMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Change in Use and Expenditure of Additional HOME Investment Partnerships Program Grant Funds in the Amount of$95,356.00 to Housing Channel for a Total Amount of$402,500.00 in the Form of a Subordinate Forgivable Loan for the Riverside Single Family Infill Development Located in the United Riverside Neighborhood, Authorize Execution of Contracts, Authorize Substantial Amendment to the City's 2016-2017 Action Plan, and Authorize the Substitution of Funding Years (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a substantial amendment to the City's 2016-2017 Action Plan; 2. Authorize the City Manager, or his designee, to substitute current and prior funding years in order to meet commitment, disbursement and expenditure deadlines for grants from the United States Department of Housing and Urban Development; 3. Authorize the change in use and expenditure of additional HOME Investment Partnerships Program grant funds in the amount of$95,356.00 for a total contract amount of$402,500.00 in the form of a subordinate forgivable loan to Housing Channel, a certified Community Housing Developer Organization, for the development of up to five houses for the Riverside Single Family Infill Development located in the United Riverside Neighborhood; 4. Authorize the City Manager, or his designee, to execute a contract with Housing Channel in the amount of$402,500.00 in the form of a subordinate forgivable loan for the development for a three year term beginning on the date of execution of the contract, and to execute all other related contracts necessary for housing development and lending activities; 5. Authorize the City Manager, or his designee, to extend or renew the contracts for two additional one-year terms if such extensions are necessary for completion of the development; and 6. Authorize the City Manager, or his designee, to amend the contracts 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 August 1, 2017, the City Council approved the City's 2017-2018 Action Plan for submission to the United States Department of Housing and Urban Development (HUD), which included an allocation of$307,144.00 in HOME Investment Partnerships Program (HOME) grant funds to Housing Channel for the Riverside Single Family Infill Development on scattered sites in the United Riverside neighborhood (M&C G-19056). HUD requires the City to set aside 15 percent of its allocation of HOME funds for Community Development Housing Organization (CHDO) http:l/apps.cfwnet.org/council_packet/mc review.asp?ID=27047&councildatc=6/4/2019[7/15/2019 7:12:18 AM] M&C Review activities. Housing Channel is an experienced single family affordable housing developer and a certified CHDO. Housing Channel plans to develop up to five approximately 1,500 square foot, three-bedroom, two- bath, two-car garage single family houses on LaSalle Street, Paradise Street, and Baurline Street. The average construction cost per house is $153,400.00 and $97.00 per square foot. The houses will be sold to households that earn 80 percent or less of the Area Median Income as set by HUD. Eligible buyers must meet all HOME requirements, including applying for and receiving at least $1,000 in down payment and/or closing cost assistance from the City's Homebuyer Assistance Program (HAP) and occupying the houses as their primary residences for the required affordability period. Due to rising construction costs, additional funding was needed to close the financing gap for the development. Staff identified an additional $95,356.00 of HOME funds from prior years' completed or cancelled programs and projects for a total contract amount of $402,500.00 for this project. Staff recommends the following HOME contract and HOME loan terms: 1. First lien commercial construction loan terms must be acceptable to City. 2. HOME loan will be subordinate only to first lien construction loan. Borrower's performance of the terms of the HOME contract and HOME loan will be secured by a deed of trust. Payment of HOME loan will only be required if Borrower fails to fulfill the HOME requirements in the contract and the terms of the HOME loan. 3. Three year term for HOME contract and HOME loan. Construction must begin within six months of date of contract execution. 4. Houses must be sold to HOME-eligible buyers who obtain a HAP loan of at least $1,000.00. 5. Housing Channel will be paid a 15 percent developer fee and will retain the net sales proceeds from the houses to be used to construct additional affordable houses. The expenditure of HOME funds is conditioned upon the following; 1. Satisfactory completion of an environmental review, pursuant to 24 CFR Part 58. 2. Authorization to use grant funds from HUD. City staff recommends the change in use and expenditure of an additional $95,356.00 of HOME funds for a total contract amount of$402,500.00 to Housing Channel for the Riverside Single Family Infill Development. The purpose of this project is to benefit low and very low-income citizens by providing them with affordable housing. This project will assist the City in meeting its CHDO commitment and expenditure goals with HUD. A public comment period on the change in use of these HOME funds was held from November 28, 2018 to December 28, 2018. Any comments are maintained by the Neighborhood Services Department in accordance with federal regulations. The Action Plan funding year may vary and be substituted in order to expend the oldest grant funds first. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department is responsible for verifying sufficiency of funding before disbursement. This is a reimbursement grant. TO Fund Department Account Project Program Activity I Budget I Reference## Amount ID I ID Year (Chartfield 2) http://apps.cfwnet.org/counc!Lpacket/mc_review.asp7ID-27047&councildate=6/4/2019[7/15/2019 7:12:18 AM] M&C Review FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I Year I (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Sonia Singleton (5774) Additional Information Contact: Chad LaRoque (2661) -- — Diana Carranza (7369) ATTACHMENTS Combined Riverside Maps.pdf Form 1295 Certificate Housing Channel Riverside Redacted. df http://apps.cfwnct.org/council_packct/mc_roview.asp?ID=27047&councildatc=6/4/2019[7/15/2019 7:12:18 AM]