HomeMy WebLinkAboutContract 55558CSC No. 55558
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of Fort
Woi�th (hereafter "City") and Development Corporation of Tat7ant County (hereafter
"Developer"), a Texas nonprofit coi�oration. 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 ("HUD") 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 pai�tnetships among City, local
goveinments, lenders, private industiy, and non-proiit housing organizations;
WHEREAS, the primary putpose of the HOME program pursuant to the HOME
Investment Partnerships Act at Title II 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. is to benefit low income citizens by
providing them with affordable housing;
WHEREAS, the HOME pr•ogram provides that a ininimum of 15% of the City's HOME
allocation is to be set aside annually for use by qualified Community Housing Development
Organizations or CHDOs as owners, developers and/or sponsors of the development of
affordable housing;
WHEREAS, Developer is a Texas nonprofit corporation managed by a volunteer Board
of Directors worlcing to iiicrease 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 Prograin to be a CHDO;
WHEREAS, City has certified that Developer is a Community Housing Development
Organization and has specifically re-cer�tified Developer for the purposes of this Contract;
WHEREAS, Developer requested CHDO set-aside funds for an eligible project whereby
Developer will construct a single family house to be located at 2709 Ash Crescent Street, Fort
Worth, TX 76104 for sale to an eligible low- to moderate-income homebuyer•;
WHEREAS, Developer has secured a commercial consttuction loan for a portion of the
construction costs of the house;
CHDO SINGLE FAMILYCONTRACT Page 1
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
WHEREAS, City citizens and the City Council have determined that the development of
quality, accessible, affordable housing is needed for inoderate-, 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 Attaclunents, and subject to the
terms and conditions hereinafter stated, the Parties understand and agree as follows:
L INCORPORA.TION OF RECITALS.
City and Developer hereby agree that the r�ecitals set forth above are t�1ie and coi7•ect and
foi7n 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 tei�rns shall have
the deiinitions asci-ibed to them as follows:
Affordable House means a house purchased by a HOME Eligible Buyer for which the monthly
payment of principal, interest, propet�ty taxes, and hazard insurance is not more than 30% or less
than 20°/a of the homebuyer's monthly gross income. In the case of new house conshuction, the
percentage of the homebuyer's monthly gross income shali not exceed 32%.
Act means the HOME Investment Partnerships Act at Title II of the Cranston Gonzales National
Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq.
Affordability Period means the period of time that a house purchased or constructed with
HOME funds must remain affordable and subject to recaptur•e provisions in 24 CFR Part 92.254
of the HOME Regulations.
The Affordability Period for the house const�ucted 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 Day means any day that City Hall is officially open for business.
Business Diversity Enterprise Ordinance or BDE means City's Business Diversity Ordinance,
Ordinance No. 20020-12-201 l.
Community Housing Development Organization or CI3D0 means, as defined in 24 CFR 92.2
as amended fiom time to time, a private nonprofit organization, that:
(1) Is arganized under State or local laws;
CHDO SINGLE rAMILYCONTRACT Page 2
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant CounTy — 2709 Ash Crescent Street Rev. 03/04/2021
(2) Has no part of its net eainings inuring to the benefit of any member, founder,
contributor, or individual;
(3) Is neithet• cont�olled by, nor under the direction of, individuals or entities seelcing to
derive profit or gain from the organization. A CHDO may be sponsored ar created by
a for-profit entity, but:
(i) The for-profit entity may not be an entity whose primary putpose 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-thir•d of
the membership of the organization's goveining body. Board members
appointed by the for-profit entity may not appoint the remaining two-thirds of
the board members;
(iii) The CHDO must be free to contract for goods and setvices from vendors of
its own choosing; and
(iv) The officers and employees of the for-profit entity may not be officet•s or
employees of the CHDO.
(4) Has a tax exemption iuling fi�om the Inteinal Revenue Seivice under section 501(c)
(3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)-1) or
1.501(c)(4)-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 nonpro�t
organization is an wholly owned entity that is disregarded as an entity separate fiom
its owner foi• tax purposes (e.g., a single member limited liability company that is
wholly owned by an organization that qualifies as tax-exempt), the owner
organization has a tax exemption ruling fi•om 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 jusisdiction, 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 lnay qualify as a
CHDO; however, the governmental entiry 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 govermnental entity may not be officers or employees of a CHDO;
(6) Has standards of financial accountability that conform to 2 CFR Part 200.302,
`Financial Management' and 2 CFR Part 200.303, `Internal Controls;'
(7) Has among its puiposes the provision of decent housing that is affordable to low-
income and moderate-income persons, as evidenced in its charter, articles of
incoiporation, 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
CHDO SINGLE FAMILYCONTRACT Page 3
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
neighbor•hoods, city, county or met�•opolitan area; for rural areas, it inay be a
neighborhood or neighborhoods, town, village, county, or multi-county area
(but not the entire State); and
(ii) Providing a foi�nal process for low-income-program beneficiaries to advise
the organization in its decisions regarding the design, siting, development, and
manageinent of affordable housing;
(9) Has a demonstrated capacity for cairying out housing projects 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 cont�act
with a consultant who has housing development expei•ience to train appropriate key
staff of the organization. An organization that will own housing must demonst�•ate
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 seivices ar•e donated by another organization; and
(10) Has a history of selving the community within which housing to Ue assisted with
HOME funds is to be located. I�l general, an organization must be able to show one
year of seiving the community before HOME funds are reseived for the organization.
However, a newly created organization formed by local churches, service
organizations or neighborhood organizations may meet this requirement by
deinonstrating that its parent organization has at least a year of setving the
community.
CHDO Proceeds means the net sales proceeds from the sale of the house to a HOME Eligible
Buyer which consist of the sales price less payment of (i) the Construction Loan, (ii) Developer
Fee and (iii) any common and customaiy seller's closing costs shown on the seller's Closing
Disclosure as approved by City, or as otherwise defined in the HOM�, Regulations.
Complete Documentation means the following docuinentation as applicable:
• Attachments I and II of Exhibit "F" — Reimbursement Forms, with supporting
documentation as follows:
o Proof of expense: copies of timesheets, invoices, leases, seivice contracts
or other documentation showing that payment is due by Developer.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessaiy to demonst�•ate that amounts due by Developer were actually
paid by Developer.
• Other documentation: (i) final lien releases signed by the general conhactor or
subcontractors, if applicable; (ii) copies of all City permits and City-issued "pass"
inspections far� such worlc; (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;
CHDO SINGLE FAMII,YCONTRACT Page 4
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
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.
Completion means the substantial completion of the house as evidenced by a Neighborhood
Services Department Minimal Acceptable Standard Inspection Report, HLTD Compliance
Inspection Report, and any other applicable final inspection approval from City.
Completion Deadline ineans June 30, 2022.
Contract means this contract between Developer and City which is the written agreement
required by the HOME Regulations for the use of the HOME Funds and which seives as the
development agreement for the development of homebuyer units and the loan agreeinent for the
HOME Loan.
Construction Lender means the commercial lender malcing Developer a first lien construction
loan for a poi�tion of the construction costs of the Required Improvements as more particularly
identified in Exhibit "B" - Budget.
Construction Loan means the first lien loan to Developet• from the Construction Lender.
Construction Loan Documents means the first and superior security instruments inciuding
without limitation, Construction Lender's Promissoiy Note and Deed of Trust, or any other
similar security instiuments evidencing, securing or guaranteeing Construction Lender's interest
in the Required Improvements constt-ucted by Developer in accordance with the terms of this
Contract as the same may from time to time be extended, amended, restated, supplemented or
othei-wise modified.
DBE means disadvantaged business entelprise in accordance with 49 CFR Part 26.
Deed of Trust means any deed of ttust from Developer in favor of Ciry covering the Pi•operty
and securing the indebtedness evidenced therein and Developer's performance of the
requirements of this Contract and of the HOME Regulations, as the saine may be extended,
amended, restated, supplemented or otherwise modified. The form of the Deed of Trust is
attached as part of Exhibit "E" — HOME 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 Seivices Department.
Effective Date means the date of execution by the last of the Parties of this Cont�act.
CHDO SINGLE FAMILYCONTRACT Page 5
Ash Crescent Single Family Infill Project
Development Car•poration of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
HAP or HAP Program means City's Homebuyer Assistance P1�ogram which provides
subordinate forgivable deferred payment purchase money loans with HOME funds for closing
cost and/or down payment assistance to eligible homebuyers under the HAP Guidelines.
HAP Guidelines ineans any rules, reglilations, guidelines and requirements by City or HUD that
a homebuyer must meet in order to (i) qualify for IIAP down payment and/or closing cost
assistance, and (ii) fulfill the hoinebuyer's obligations under the HOME Program during the
Affordability Period related to the HAP Loan.
HAP Loan means the subordinate purchase money loan fi�oin City under its IIAP 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 t�ust securing the HAP Loan, as well as any other instruments evidencing, securing or
guaranteeing the HAP Loan, as the same inay 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 IIAP 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.
HOME Funds ineans the HOME Program grant funds supplied by City to Developer under the
tetms of this Contract, which includes the costs set forth in Exhibit "B" — Budget.
HOME Loan means the HOME Funds provided to Developer by City in the form of a
forgivable deferred payment subordinate loan under the terms of this Contract as more
particularly described in the HOME Loan Documents.
HOME Loan Documents means the subordinate security instruments including without
limitation, City's Promissory Note and Deed of Ttust, or any other similar security instiuments
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 modi�ed.
HOME Regulations means the HOME Investment Partnerships Program Final Rule found at 24
CFR Part 92 et seq.
HOME Requirements ineans that the house constructed in part with the HOME Funds must be
sold by Developer to a HOME Eligible Buyer who has received a minimum IIAP Loan of
$1,000.00 and who will occupy the house as his or her Pi-incipal Residence tluoughout the
Affordability Period in accordance with the HAP Loan Documents and HAP Guidelines.
CHDO SINGLE FAMILYCONTRACT Page 6
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
HUD means the United States Department of Housing and Urban Development,
IDIS means II[JD's Integrated Disbursement Infoimation Systein.
Neighborhood Services Department means City's Neighbot•hood Seivices Department.
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 HA.P
Guidelines and the IIAP 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
othei-wise modified. The form of the Promissory Note is attached as Exhibit "E" — HOME
Loan Documents.
Property means the lot or lots on which the Required Improvements shall Ue constructed as
more particularly described in and encumbered by the Deed of Tiust.
Required Improvements or the house means all the improvements for a single family house to
be const�ucted on the Property, together with all fixtLues, improvements and appurtenances now
or later to be located on the Property and/or in such improvements. The house will be commonly
known as 2709 Ash Crescent Street, Fort Worth, TX 76104. The Required Improvements are
part of an infill housing development project known as the Ash Crescent Single Family Infi11
Development in which Developer will consti-uct 4 single family houses on scattered sites in the
Ash Crescent neighborhood for sale to HOME Eligible Buyers (the "project").
Reimbursement Request means all reports and other documentation described in Section 10.
Subordination Agreement means the Subordination Agreement, if any, among the Construction
Lender, Developer and City outlining the relative priorities of the Construction Loan and the
City's Loan for the Required Improvements.
3. TERM AND EXTENSION
3.1 Term.
The term of this Contract begins on the Effective Date and terminates in 2 years unless
earlier terminated as provided in this Cont�act.
3.1,1 Extension of Contract.
This Contract may be extended for 1 year upon Developer submitting a request far an
extension in writing at least 60 calendar days before the end of the Cont�•act teim, The request
CHDO SINGLE FAMILYCONTRACT Page 7
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04J2021
for extension shall include the reasons for the extension and Developer's anticipated budget,
construction schedule and goals for the extended tei7n. 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 teim. Any such extension shall be in the form of an amendment to this Contract
executed by the Parties,
3.2 Term of HOME Loan.
The term of the HOME Loan commences on the date of the Promissoiy Note and
terminates in 3 years so long as the terms and conditions of this Contract and the HOME Loan
Documents have been met.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Requirements Prior to Commitment of HOME Funds.
4.1.1 Project Assessment.
Prior to commitinent of the HOME Funds to the specific local project described herein,
City has (i) identified the addresses of the houses that comprise the project; (ii) assessed the
cur�ent market demand in the neighborhood where the project will be located; (iii) completed an
envirorunental review in accordance with 24 CFR Par-t 58; (iv) reviewed all necessary
cormnihnents of financing, secured ar otherwise including grants; (v) established a complete
budget for the project in sufficient detail to determine total project development costs and its
funding, including proposed sources and uses; (vi) determined that project costs are reasonable;
(vii) completed undei�vriting and subsidy layering requireinents and determined that HOME
funds are needed to fill a funding gap; (viii) assessed the feasibility of project construction
commencing within 12 months of the commitment date; and (ix) established a completion
schedule with deadlines that meet all HOME requirements.
4.1.2 Developer Assessment.
Prior to cornmitment of the HOME Funds to the specific local project described herein,
City has determined that (i) Developer meets the CHDO qualifications at Section 92.2; (ii)
Developer has the financial capacity and experience to undertalce the speci�c local project; and
(iii) Developer meets the requuements to own, develop, or sponsor the housing set out in 24 CFR
Part 92.300(a),
4.2 CHDO Certification.
4.2,1 CHDO Certi�cation by City.
Each time City commits HOME funds it must re-certify a nonprofit's qualifications to be
a C�IDO and its capacity to own, sponsor or develop housing in accordance with Section
92.300(a) of the HOME Regulations.
4.2.2.1 By execution of this Contract, City represents that it has re-cei�tified
that Developer meets the CHDO definition and has the capacity to
fulfill the role of developer of the project.
CHDO SINGLE FAMILYCONTRACT Page 8
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
4.3 Commitment of HOME Funds.
This Contract seives as the HOME written agreement described in 24 CFR Part
92.504(c). The HOME Funds will be committed by City to the project when this Contract is
fully executed and becomes legally binding.
4.4 Provide HOME Funds.
City shall provide up to $99,862.00 of HOME Funds in the fo2�rn of the HOME Loan for
eligible expenses for the development of the house under the tei�ns and conditions of this
Contract and the Loan Documents.
4,5 City Will Monitor.
City will monitor the activities and perfoi7nance of Developer and any of its contractars,
subcontractors or vendors annually as required by 24 CFR Part 92.504.
5. DEVELOPER OBLIGATIONS.
5.1 Secure Firm Written Fivancial Commitments.
Developer must obtain and furnish City with one or more firm written financial
commitments, or evidence of available funds, fiom non-speculative identified soui•ces in a total
amount necessary to complete the project. All award or commitment letters received from
funders must be dated prior to the date of the Contract.
5.1.1 City will assess the fii7n written financial commitinents prior to the execution of
this Contract to ensure that they are in fact, firm cointnitments and that (i) the terms and amounts
are consistent with the City's financial underwriting of the project; (ii) all sources are compatible
with HOME requirements; and (iii) all funds can reasonably be expected to close prior to the
disbursement of the HOME Funds.
5.2 Construction of Required Improvements.
Developer shall complete the constiuction 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.
5.2.1 Written Cost Estimates, Constructions Contracts and Construction
Documents.
Developer shall submit to City the const�uction contracts and consttuction documents to
show the worlc to be undertalcen for the Required Improvements in sufficient detail that City can
perform all required inspections in accordance with 24 CFR Part 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.
5.3
5.3.1
Use of HOME Funds.
Sale of Required Improvements to a HOME Eli�ible Buyer.
CHDO SINGLE FAMILYCONTRACT
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street
Page 9
Rev. 03/04/2021
Developer shall sell the house to HOME Eligible Buyers under the teims and conditions
of this Contract.
5,3.2 Costs in Compliance with HOME Re�ulations 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:
5.3.2.1 Costs are eligible expenditures in accordance witli the HOME
Regiilations.
5.3.2,2 Costs comply with this Cont�•act and ai•e reasonable and consistent
with industry norms.
5.3.2.3 Complete Documentation, as applicable, is submitted by Developer.
5.3.3 Bud�et•
Developer agrees that the HOME Funds will be paid on a reimUurseinent basis in
accordance with Exhibit "B" — Budget, Exhibit "B-1" — Approved Project Budget and
Exhibit "C" — Construction and Reimbursement Schedule. Developer may increase or
decrease line-item amounts in the Approved Project 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 Approved Project Budget shall comply with Section 5.2.1, Exhibit
"A" — Project Summary and Scope of Work, and shall not increase the total amount of HOME
Funds.
5.3.4 Chan�e in Bud�et.
5.3,4.1 Developer acknowledges that HOME funds are to be used as gap
iinancing so Developer must obtain a Commercial Loan for the
Required Improvements and the project. Developer shall promptly
report any change in the status of the Commercial Loan to City
5.3.4.2 Developer will notify City promptly of any additional funds it receives
for development of the Required Improvements, and City reserves the
right to amend this Contract in such instances to ensure compliance
with HCTD regulations governing cost allocation,
5.3.4.3 Developer agrees to utilize the HOME Funds to supplement rather
than supplant funds otherwise available for development costs for the
house.
5.4 Payment of HOME Funds to Developer.
HOME Funds will be disbtused 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.
CHDO SINGLE I'AMILYCONTRACT Page 10
Ash Crescent Single Family Int"ill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
5.5 Identify Expenses Paid with HOME Funds.
Developer will lceep accounts and records in such a manner that City may readily identify
and account for expenses reimbuised with HOME funds. These records shall be made available
to City for audit purposes and shall be retained as required hereunder.
5.6 Acknowled�ement of City Payment of HOME Funds.
Within 90 calendar days after the sale of the house, Developer shall sign an
acicnowledgement that City has paid all HOME Funds due under this Contract, or shall deliver a
docuinent executed by an officer of Developer identifying all or auy 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 acicnowledgement of same.
5.7 Security for Citv's Interest and Developer's Performance.
To secure City's interest in the Requir•ed Iinprovements and the performance of
Developer's obligations hereunder, Developer shall execute the HOME Loan Docurnents and
record the Deed of Tiust at the earlier of (i) the acquisition of the Propei�ty, or (ii) before any
construction materials are delivered to the Proper�ty or any worlc is commenced on the Required
Improvements. No HOME Funds will be paid or reimbursed until the HOME 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.
5.7.1 HOME Loan Terms and Conditions.
Developer will be required to:
5.7.1.1 Execute and deliver the Promissory Note and Deed of Trust along with
any other HOME Loan Documents required by City.
5.7.1.2 Provide City with a Mortgagee's or Lender's policy of title insurance
in the amount of the HOME Loan.
5.7.1.3 Pay all costs associated with closing the HOME Loan.
5.7.1.4 Provide City with a copy of an estimated settlement statement from the
title company at least 1 Business Day before closing of the HOME
Loan.
5.7,1,5 Ensure City's lien is subordinate only to the Commercial Loan. City
agrees, if requested by the Constiuction Lender, to execute a
Subordination Agreement so long as all tet�rns are agreeable to City. In
addition, City must approve in writing any secured financing for the
Required Improvements that is to be subordinate to the HOME Loan,
5.7.1.6 The teim of the HOME Loan shall be as specified in Section 3.2.
5.7.1.7 No interest shall accrue on the HOME Loan provided that Developer
CHDO SINGLE FAMILYCONTRACT Page 11
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
complies with the tei7ns and conditions of the Promissoiy Note.
5.7.1.8 The HOME Loan is a forgivable defel�ed payment loan. The HOME
Loan will be forgiven provided that (i) the house is sold to a HOME
Eligible Buyer in accordance with the HOME Requirements, and (ii)
Developer is not othei�vise in default of the HOME Loan ter7ns or
Contract provisions.
5.7.1.9 Early repayment of the HOME 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 Trlist shall
secure both repayment of the HOME Funds, if required, and
performance by Developer of its obligations under this Contract,
5.7.1.10 Refinancing of the Consttuction Loan, or any subordinate �nancing
other than that approved herein or otherwise by City, shall require the
review and City's prior written approval fot• the putpose of ensui7ng
compliance with the underwriting and subsidy layering requirements
of the HOME Regulations, which approval shall not be unreasonably
conditioned or withheld.
5.7.1.11 Default under the Construction Loan shall be considered a default of
the HOME Loan.
5.7.1.12 Failure by Developer to comply with this Section 5.7.1 will be an
event of default under this Contract and the HOME Loan
Documents.
5.8 Maintain HOME Requirements.
Developer shall ensure that the house is sold to a HOME Eligible Buyer as required by
this Cont�act 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 Cont�act shall apply.
5.9 HOME Requirements Survive Transfer.
Any sale or transfer of the Property by Developer during the Contract tei7n, other than a
sale of the house to a HOME Eligible Buyer or a transfer due to condemnation or to obtain utility
seivices, 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 HOME Loan Documents will result in immediate termination of this
CHDO SINGLE FAMILYCONTRACT Page 12
Ash Crescent Single Family Infill Pc•oject
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
Contract and any HOME Funds ah•eady 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 HOME Loan
Documents if the new owner� or t�ansferee fails to assume all of Developer's obligations
hereunder.
5.10 Maintain CHDO Status.
5.10.1. 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.
5.10.2 CHDO Status Reports.
Developer has a continuing duty to provide City with all documentation or information in
regard to any change ui 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 rostet• and proof of its
continued statiis as a CHDO to City by January 30t�' of each year. CHDO shall replace any
board member who resigns or is otherwise no longer able to setve 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 teimination 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 froin
City.
6. CONSTRUCTION.
6.1 Construction Schedule.
Developer will construct the Required Improveinents 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 Ivotice 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 worlc is done in accordance with applicable codes, Developer's construction contract
and the constiuction 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 repot�t, a HUD Compliance Inspection Report and any other applicable
HCTD-required inspections during the construction period, along with any applicable final
inspection approval from City at the completion of the construction of the house.
6.2 Applicable Laws, Buildin� Codes and Ordinances.
The Plans and construction for the house shall (i) confar7n to all applicable Federal, State,
City and other local laws, ordinances, codes, iules and regulations, including the HOME
Regulations; (ii) meet all City building codes; (iii) ineet the Energy Conservation requireinents
as required by the State of Texas in Chapter 11 of the Inter�ational Residential Code; (iv) if new
CHDO SINGLE FAMILYCONTRACT Page 13
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
constiuction, must conform to the Model Eneigy Code published by the Council of American
Building Officials.
6.3 Property Standards Durin� Construction.
If applicable, Developer shall comply with the following during the constiuction of the
house: (i) the Unifozm 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 Prograin Final Rule, 40 CFR Pat�t 745 in the conshuction and/or rehabilitation of the
Required I�nprovements.
6.5 Approval of Plans by City Not Release of Responsibilitv.
Approval of the Plans by City shall not constitute or be deeined (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, worlcing drawings and speciiications or other documents; or (ii) an assumption of any
responsibility or liability by City for any negligent act, ei�ror or omission in the conduct or
preparation of any tests, investigations, suiveys, 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 Subconh�actor 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 consttuction of the house.
For purposes of this Contract, the tetm "vendors" shall include real estate brolcers, other real
estate marketing professionals, title companies, as well as suiveyois and appraisers if Developer
pays for the suivey or the appraisal. The tei�rn "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 marlceting 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 200 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,
subcont�actors or vendors are not listed by SAM as being debat�ed, both prior to hiring and
prior to submitting a Reimbursement Request which includes invoices fi�om any such
contractor, subcont��actor, 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 debal7ed, suspended, or is not properly licensed, Developer or Developer's general
CHDO SINGLE FAMILYCONTRACT Page 14
Ash Crescent Single Family In�ll Project
Development Corporation of Tai•rant County — 2709 Ash Crescent Street Rev. 03/04/2021
contractor shall immediately cause such contractor, subcontractor or vendor to stop worlc on the
house and Developer shall not be reimbursed for any work performed by such cont�actor,
subcont�actor or vendor. However, this Section shall not be construed to be an assumption of
any responsibility or liability by City for the detei�nination of the legitimacy, quality, ability, ar�
good standing of any conti•actor, subconhactor or vendor. Developer acknowledges that the
provisions of this Section pertaining to the SAM shall survive the termination of this
Contract and be 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.
71 Income Eli�ibilitv.
Homebuyer eligibility will be determined using the definition of annual incoine in 24
CFR 5.609.
7.2 Sales Price of Required Improvements; Market Analysis.
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 perrnits from City. The sales price
established by the marlcet analysis shall only be valid for 9 lnonths fiom the date of the marlcet
analysis. If Developer has not sold the house to a HOME Eligible Buyer within the 9 month
period during which the marlcet analysis is valid, a new market analysis must be performed to
establish the sales price of the house. City in its sole discretion inay extend this 9 month period
for up to 60 days if Developer has entered into a binding sales cont�•act far• the house before the
end of the 9 inonth 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 resuit
in automatic termination of this Contract. HOME Eligible Buyers must complete a
homeownership training and counseling prograin prior to closing their purchase of the house
fiom 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 to City shall be an event of default.
7.3.1 HAP Participation.
All prospective purchasers of a house must apply and qualify for a HAP Loan of at least
$1,000.00 of down payment and/or closing cost assistance at least 30 calendar days prior to
closing of the sale of the house. Eligibility for a HAP Loan shall be determined Uy City in its
sole discretion using the IIAP Guidelines. City shall enter into a HOME Written Agreement
with the prospective pttrchaser 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.
CHDO SINGLE I'AMILYCONTRACT Page 15
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Stt�eet Rev. 03104/2021
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 deteirnined by a market analysis perfoimed
by Developer in accardance with Section 7.2. In the event that the price of the house is reduced
below the sales price set by the marlcet analysis or a lender's appraisal, whichever is lower, and
the alnount of the reduction in the sales price plus the amount of the HAP Loan exceeds
$14,999.00, then the Affordability Period will be 10 years. If the amount of the reduction in the
sales price plus the amount of the IIAP Loan exceeds $39,999.00, 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 ainount of the other HOME Assistance
described in this subsection (the "other HOME Assistance") and
secured by a deed of tiust in favor of City. The loan will be a
subordinate forgivable deferred payment loan for the term of the
additional required Affordability Period attributable to the other
HOME Assistance. City may, in its sole discretion, include the loan
terms ath7butable to the other HOME Assistance in the HAP Loan
Docuinents.
7.3.2.2 Developer shall notify City, and if necessary, the prospective
homebuyer and the prospective homebuyer's fi�st lien mortgage
company within 5 Business Days of deterinining 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 r•equest 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
Buyer does not meet the Federal requirements for City's loan, Seller shall terminate the
contract by giving notice to Buyer and the Earnest Money will be refunded to Buyer."
7.5 Developer to Provide Settlement Statement.
CHDO SINGLE FAMILYCONTRACT Page 16
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
Developer shall provide City the estimated Closing Disclosures at least 5 Business Days
prior to the closing of the sale of the house to a HOME Eligible Buyer. The Closing Disclosures
shall show any homebuyer subsidies, the HAP Loan, and, if applicable, any loan from City for
the other HOME Assistance as described in Section 7.3.2. Developer shall not close the sale of a
house without receiving City's written approval of the final Seller's Closing Disclosure. Written
approval from City to the title company closing the sale of the house which recites that there is
no payment due for the HOME Loan and agreeing to execute a Release of Lien for the Deed of
Trust shall be deeined written approval of the final Seller's Closing Disclosure for purposes of
this Section.
7.6 Deadline for Sale of Required Improvements.
The house inust be sold to a HOME Eligible Buyer within 9 months of Completion.
Developer shall submit monthly status reports to City i•egarding the sale of each house beginning
with the first month after Completion and continuing until the house is sold.
7.7 Marketin�
7.7.1. Affirmative Marketin�.
Developer must adopt affu�native marlceting 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, falnilial
status, sexual orientation, gender identity, gender expression or transgender, are given an equal
opportunity to participate in the project. Affit�native inarlceting 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 marlceting
policy
7.7.1.2 Requirements and practices Developer must adhere to in order to cat�y
out City's affii�rnative 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 marlcet 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
affirmatively market the program and houses constructed as part of the
proj ect and records to assess the results of these actions; and
7.7.1.5 A description of how Developer will annually assess the success of
affirmative marlceting actions and what coi�ective actions will be taken
where affit�rnative marlceting requirements are not inet.
CHDO SINGLE FAMILYCONTRACT Page 17
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
7.7.2. Citv Approval.
All Developer marlceting procedures related to the house and the project, including but
not limited to the affir�native marketing described in Section 7.7.1, are subject to approval by
City. Developer shall submit all marlceting 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 inchtde, but not be limited to, brochures, sign-in sheets for open
houses, listings, and advei-tisements for the house and the project.
7.8 Developer Fee.
Developer shall be paid the Developer Fee as more particularly described in Exhibit "B"
— Budget and Exhibit "C" — Consti•uction 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 I�nprovements,
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 Inore particularly described
in Exhibit "B" — Budget and Exhibit "C" — Construction and Reimbursement Schedule.
7.9 CHDO Proceeds.
7.9.1 Use of CHDO Proceeds by Developer.
Developer shall retain and use the CHDO Proceeds for the hard and soft costs associated
with the constiuction 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 3 houses constructed as part of the Ash Crescent Single Family Infill Development, and
with a Comtnercial 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 lot 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 lceep CHDO proceeds 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..
7.9.2 Report on Use of CHDO Proceeds.
Developer shall report to the Compliance Division of the Neighborhood Services
Department on its use of CHDO Proceeds on Januaiy 15, April 15, July 15, and October 15 for
the previous 3 months until the CHDO Proceeds have been fully expended. Such reports shall be
in a format requested by City, and shall be in sufficient detail and include sufficient and adequate
CHDO SINGLE FAMILYCONTRACT Page 18
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
documentation to enable City to tracic and identify Developer's use of CHDO Proceeds for
affordable housing purposes. City retains the r7ght to monitor such use for cost reasonableness
and appropriateness.
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 inciu�•ed until City has conducted an
environmental review and completed an Environmental Review Record as required by 24 CFR
Pai-t 58. The environmental review may result in a decision to proceed with, modify, or cancel
the project. Further, Developer will not undertalce or commit any funds to physical or choice
limiting actions, including if applicable, property acquisition, demolition, movement,
rehabilitation, conversion, repair or constiuction prior to the environrnental 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.
8.1.2 Mitigation.
Developer must talce 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 Cont�act does not constitute a coinmitment of HOME Funds, and that such commitment or
approval may occtu only upon satisfactory completion of environmental review and receipt by
City of an authorization to use grant funds from HIJD under 24 CFR Pai�t 58.
8,3. Monitorin�.
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 Cont��act and the HOME Loan
Documents until the project is closed in IDIS and for 5 years thereafter, Developer will provide
reports and access to project �les 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, HiJD, Hi.7D Office of Inspector General, and the United
States Comptroller General shall have access during regular business houts, upon at least 48
hours' priar� 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 of�cers, agents, employees, contractors, subcontractors and vendors
for the puipose of such monitoring.
CHDO SINGLE rAMILYCONTRACT Page 19
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
8.3.3 In addition to other provisions of this Contract regarding frequency of monitaring,
City reseives the right to perfoim deslc reviews or on-site monitoring of Developer's compliance
with the terms and conditions of this Cont�act and the HOME 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 coirection of said deficiencies by Developer. Failure by Developer
to take the action specified in the monitoring report inay 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 Uuiform 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 r•equii•ements
pertaining to relocation.
8.5 Compliance with Davis-Bacon Act.
If applicable, Developer and its general contractor and all lower tier suUcontractors 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. Developer shall
establish written procurement procedures to ensure that materials and services are obtained in a
cost effective manner
8.7 Cost Principles/Cost Reasonableness.
The eligibility of costs incui�ed for perfor�nance rendered shall be detei�nined in
accordance 2 CFR Part 200.402 through 2 CFR PaY�t 200.405, as applicable, regarding cost
reasonableness and allocability.
8.8 Financial Mana�ement Standards.
Developer agrees to adhere to the accounting principles and procedures required in 2
CFR Par-t 200, as applicable, utilize adequate inteinal controls, and maintain necessary
supporting and bacic-up documentation for all costs incurred in accordance with 2 CFR Part
200.302 and Part 200.303.
8.9 Uniform Administrative Requirements.
As applicable, Developer will comply with the Unifoi-m Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, or any
reasonably equivalent procedures and requirements that City may require.
CHDO SINGLE I+AMILYCONTRACT Page 20
Ash Crescent Single Family In�ll Project
Development Corporation of Tai•rant County — 2709 Ash Crescent Street Rev. 03/04/2021
8.10 Compliance with FFATA and Whistleblower Protections.
Developer shall provide City with all necessary infoimation far• City to comply with the
requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and
Transparency Act ("FFATA") governing requii•ements on executive compensation and
provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10
U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
8.10.1 Developer shall provide City its DUNS number prior to the payment of any
Reimbursement Requests.
8.11 Internal Controls.
In compliance with the requirements of 2 CFR 200,303, Developer shall:
8.11.1 Establish and maintain effective inter�nal control over the HOME Funds that
provides reasonable assurance that Developer is managing the HOME Funds in compliance with
federal statutes, regulations, and the terms and conditions of this Contract. These internal
controls shall comply with guidance in "Standards for Internal Control in the Federal
Gover�unent" issued by the Comptroller General of the United States or the "Internal Control
Iutegrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway
Commission ("COSO");
8.11.2 Comply with federal staiutes, regulations, and the terms and conditions of this
Contract;
8.11.3 Evaluate and monitor Developer's compliance with statutes, regulations and the
terms and conditions of this Contract;
8.11.4 Talce prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
8.11.5 Talce reasonable measlues to safeguard protected personally identifiable
infoi�rnation and other infol�nation that IiiJD or City designates as sensitive or Developer
considers sensitive consistent with applicable federal, state, local and tribal laws regarding
privacy and obligations of confidentiality.
8.12 Copyri�ht and Patent Ri�hts.
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. Hi7D 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 perfoimance under this Contract.
8.13 Terms Applicable to Contractors, Subcontractors and Vendors.
Developer understands and agrees that all terms of this Cont�act, whether r•egulatory or
otheitivise, shall apply to any and all contractors, subcon�-actors and vendors of Developer which
are in any way paid with HOME Funds or who perform any worlc in connection with the
CHDO SINGLE I'AMILYCONTRACT Page 21
Ash Crescent Single Family Infill Project
Development Coi•poration of Tarrant CounTy — 2709 Ash Crescent Street Rev. 03/04/2021
construction or sale of the house. Developer shall cause all applicable provisions of this Cont��act
to be included in and made a part of any contract ar subcontract executed in the performance of
its obligations hei•eunder, including its obligations regarding the HOME Requirements and the
HOME Regulations. Developer shall monitor the seivices and worlc performed by its
cont�actors, 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 cont�actors, subcont��actars 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 Regiilations are taken by Developer or by Developer's contractors, subcont�•actors 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.
8.14 Payment and Performance Bonds.
Developer shall furnish City with payment and perfoimance bonds in the total
amount of the construction cost for the house in accordance with the requirements of 2 CFR
Part 200.325. At City's discretion other foi7ns of assurance, including a guarantee fiom
Developer or other parties on Developer's behalf, may be acceptable so long as such assurance
meets the requirements of the HOME Regulations. Any guarantee in favor of the City shall be
in the form as the attached Exhibit "P" — Guarantee unless City in its sole discretion agrees
to some other foim which shall be acceptable in amount, duration, form and suUstance.
9. RECORD KEEPING, REPORTING AND DOCUMENTATION
REQUIREMENTS, RIGHT TO AUDIT.
9.1 Record Keepin�.
Developer shall maintain a record lceeping system as pai�t of its performance of its
obligation under the terms of this Cont�act and shall promptly provide City with copies of any
document City deems necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Developer will lceep or cause to be lcept 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 ofiicials 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 Cont�act for 5 years after the
Cont�act terminates. Such access shall be during regular business hours and upon at least 7
calendar day's prior notice.
CHDO SINGLE FAMILYCONTRACT Page 22
Ash Ci•escent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
9.2 Reports.
Developer will submit to City all reports and documentation described in this Contt�act in
such foi-�n as City may prescribe. Developer may also be required to submit a final perfor�nance
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 Cont�act 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 AdditionalInforination.
Developer shall provide City with additional infoz7nation as may be required by State or
Federal agencies to substantiate HOME Program activities and/or expendihu•e eligibility.
9.3 Change in Reportin� Requirements 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 priar• to the effective date of such
change, and the Pat�ties shall execute an amendment to this Contract reflecting such change if
necessary.
9.4 Citv Reserves the Right to Audit.
City reseives the right to perform an audit of Developer's project operations and finances
at any time during the teim 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 tuider 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
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" — Reimbui•sement 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 cui�rent request).
10.2 Attachment II — Expenditure Worksheet.
CADO SINGLE FAMILYCONTRACT Page 23
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
This report shall itemize each expense requested for reimbursement by Developer. In
order for this report to be coinplete the following must be submitted:
10.21 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 oi• other appropriate banl�ing
documentation.
10.3 Deadline for Submittin� Reimbursement Requests.
All Reimbursement Requests along with Complete Documentation shall be submitted by
Developer to City within 60 calendar days fi•om 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 REQUEST 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.
10.4 Withholdin� Payment.
10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER
THIS CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED. City
shall notify Developer when it is withholding payment due to lack of required complete
documentation within 10 Business Days of malcing such determination.
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 Section 53.106, Texas Property Code, 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.
CHDO SINGLE FAMILYCONTRACT Page 24
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
10.5 Timin� of Payment.
Provided that Developer submits Complete Docwnentation with respect to the Required
Improveinents in conformance with this Contract, City will reimburse Developer for eligible
expenses within 15 calendar days.
11. DEFAULT AND TERMINATION.
11.1 Failure to Be�in or Complete the Required Improvements
11.1.1 The Property shall be acquired by Developer within 4 months of the Effective
Date. If Developer fails to begin const�uction of the house within 3 months of the acquisition of
the Property or, if Developer already owns the Property, within 3 months of 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 detennines 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 tei7ninate this Contract effective iinmediately 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
disbtused to Developer and enforce any of the provisions of HOME Loan Documents far default.
ll.2 Failure to Submit Complete Documentation Durin� 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 par�t 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 repoi-t or
documentation. If Developer fails to submit or resubmit any such report or documentation
within such time, City shall have the right to withhold payments. If such failure continues for an
additional 30 calendar days (a total of 60 calendar days), City shall have the right to terminate
this Contract effective immediately upon written notice of such intent to Developer with no
penalry 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,
11.2.2 If any of Developer's Reimbursement Requests are incomplete or othei�vise
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 10
business 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 otheltivise due under such Reiinbursement Request. If such failure to
resubmit such Reimbursement Request continues for an additiona115 calendar days (a total of 30
CHDO SINGLE FAMILYCONTRACT Page 25
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
calendar days), City shall have the i-ight to terminate this Contract effective immediately upon
written notice of such intent with no penalty or liability to City. Notwithstanding anything to the
cont�ary 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 dm•ing which Developer is in default of this Contract.
11.2.5 In the event of tei�rnination unde2• 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 fiu•ther right to such funds. Any HOME Funds ah•eady 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 Ciry under this
Contract and the HOME 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:
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 managernent 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 30 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 Reports and Documentation.
If Developer fails to maintain all records and docuinentation as required in Section 9, or
fails to submit any repoi-t 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 deteimined by City in its sole discretion, City
will notify Developer in writing and Developer will have 15 calendar days fi•om the date of the
written notice to obtain or recreate the missing records or documentation, or submit or resubmit
CHDO SINGLE FAMILYCONTRACT Page 26
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
any such report or documentation to City. If Developer fails to maintain the required reports or
documentation, or submit or resubinit any such report or documentation within such time, City
shall have the right to terminate this Cont�act effective immediately upon written notice of such
intent with no penalty or liability to City. In the event of tei�nination undei• this Section 11.4,
any HOME Funds 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 and the HOME Loan Documents.
11.5 In General.
11.5.1 Subject to Sections 1 l, l, 11.2, ll.3 and 11.4, and unless specifically provided
otheitivise 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 30 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 30 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 discr•etion, to (i) extend Developer's time to cure, (ii) terminate this Contract effective
imtnediately upon written notice of such intent to Developer, or (iii) pursue any other legal
remedies available to City under this Contract or the HOME 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
cai�ying 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,
11.5.2.3 Cancel or revise activities lilcely 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 or payrnent of HOME Funds for affected
activities.
ll.5.2.7 Any other appropriate action including but not limited to any
remedial action legally available such as declaratoiy judgment,
CHDO SINGLE FAMILYCONTRACT Page 27
Ash Crescent Single Family Infill Project
Development Corporation of Tar•rant County — 2709 Ash Crescent Street Rev. 03/04/2021
specific per•formance, damages, temporary or peimanent
injunctions, tei�nination of this Cont�act or any other colltracts with
Developer, and any other available remedies.
11,5.3 In the event of tei7nination under this Section 1 L5, 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 tennination. Failure to repay such HOME Funds
will result in City exercising all legal remedies available to City under this Contract or the
HOME Loan Documents.
11.5.4 If this Contract terminates prior to the sale of the house to a HOME Eligible
Buyer oi• to conversion to a lease purchase or rental unit, Developer waives all right to the
Developer Fee and CHDO Proceeds from the sale of this house.
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 undertalcen after the date of
termination.
11, 8 Rights of City Not Affected.
Tei7ninatiori shall not affect or tei7ninate 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 reinedies available to City under the law and HOME
Loan Documents including, but not limited to, compelling Developer to complete the Required
Improveinents in accordance with the terms of the Contract. Such tei�nination does not
tei�ninate any applicable provisions of this Contract that have been expressly noted as surviving
the tei�n or terinination of this Contract. No delay or omission by City in exercising any right or
remedy available to it under this Contract shall impair any such right or remedy or constitute a
waiver or acquiescence in any Developer default.
ll.9 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default ar• breach of any term, covenant, or condition of this Contract or
the HOME Loan Documents shall not operate as a waiver of any subsequent breach of the same
or any other term, covenant or condition hereof or thereof.
11.10 Civil, Criminal and Administrative Penalties.
Failure to perform all Contract terms may result in civil, criminal ar 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,
CHDO SINGLE FAMILYCONTRACT Page 28
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
or failure to perfoi7n 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 Cont�•act
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 HOME 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 OTAER 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 without penalty or
liability for the City in the event Developer loses its CHDO certification or status after the
cure period stated in Section 5.9.2. In the event City terminates this Contract pursuant to this
section, all HOME Funds awarded but unpaid to Developer pursuant to this Contract shall be
irrunediately 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 teimination.
Failure to repay such HOME Funds will result in City exercising all legal reinedies available to
City under this Contract or the HOME Loan Documents.
11.11.3 Developer may terminate this Conhact if City does not provide the HOME
Funds substantially in accordance with this Contract.
11.12 Termination for Convenience.
In terminating in accordance with 2 CFR 200, Appendix II, 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 written notification to City setting forth the reasons for
such termination, the effective date, and in the case of partial teimination, the portion to be
tei�ninated. In the case of a partial tei�nination, City may terminate the Contract in its entirety if
City determines in its sole discretion that the remaining portion of the Contract to be perfonned
or HOME Funds to be spent will not accomplish the puiposes for which this Contract was made.
11.13 Dissolution of Developer Terminates Contract.
In the event Developer is dissolved or ceases to exist this Cont�act shall tei�ninate, unless,
with City permission, the Contr�act has been assigned and the HOME Loan assumed by the
assignee, In the event of termination under this Section, all HOME Funds are subject to
repayinent and/or City may exercise all of its remedies under this Contract and the HOME
Loan Documents.
11.14 Reversion of Assets.
CHDO SINGLE FAMILYCONTRACT Page 29
Ash Crescent Single Family In�il Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
In the event this Contract is tei7ninated with or without cause by either party, all assets
acquired by Developer with the HOME Funds including but not limited to plans, drawings,
sutveys, renderings, construction documents and any other real or personal property owned by
Developer that was purchased, created or improved with the HOME Funds shall belong to City
and shall automatically hansfer to City or to such assignees as City may designate.
11.15 Notice of Termination under Subordination A�reement.
City shall not terminate this Contract without first giving notice and opportunity to cure if
required in any Subordination Agreement.
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
actiou 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 the full amount of such repayment.
13. MATERIAL OWNERSHIP CHANGE.
Except for Permitted Tr�ansfers in accordance with the terms of the Deed of Trust and
transfers ar assigmnent of this Contract and an assumption of the HOME Loan consented to by
City, if ownership of Developer materially changes after the date of this Contract, City may but
is not obligated to, tei7ninate this Contract. City has 30 calendar days to malce such
determination after receipt of written notice from Developer and failure to malce such
detel�nination in that 30-day time period will constitute a waiver. In the event of teimination 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, seivant or employee of City. Developer shall have exclusive control of, and the exclusive
right to control, the details of the worlc and services performed hereunder, and all persons
perfoi�ning same, and shall be solely responsible for the acts and omissions of its of�cers,
members, agents, setvants, 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, seivants, employees, contractars, subcontractors, vendors, tenants,
licensees or invitees. Developer agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Developer. It is fiuther understood that City
shall in no way be considered a Co-employer or a Joint employer of Developer or any officers,
CHDO SINGLE FAMILYCONTRACT Page 30
Ash Crescent Single Family Infill Project
Development Corpo►•ation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
agents, servants, employees or subcont�•actot• of Developer, Neither Developer, nor any officers,
agents, seivants, employees or subcontractor of Developer shall be entitled to any employment
benefits from City. Developer shall be responsible and liable for any and all payment and
reporting of taxes on behalf of itself, and any of its officers, agents, seivants, einployees or
subcontractor. City does not have the legal right to control the details of the taslcs perfoi-�ned
herettnder by Developer, its officers, 2nembers, agents, employees, contractors, subcontractors,
vendors, tenants, licensees or invitees.
14.3 Developer Property.
City shall under no circuinstances be responsible foi• any property belonging to
Developer, its officei�s, members, agents, employees, cont�•actors, subcontractors, vendors,
tenants, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and
DEVELOPER HEREBY INDENINIFIES AND HOLDS HARMi,ESS CITY AND ITS
OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS
PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.4 Reli�ious Or�anization.
No portion of the HOME Funds shall be used in suppor-t of any sectarian or religious
activity. In addition, there must be no religious or mernbership criteria for buyers of a HOME-
fiinded property.
14.5 Venue.
Venue shall lie in Tai7ant Counry, Texas for any action, whether real ar asserted, at law
or in equity, arising out of the execution, performance, attempted performance or
non-perfoimance of this Contract.
14.6 Governin� Law.
This Contract shall be governed by and consttued 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, per�formance 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 laws 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 par�t 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 A�reement Entire A�reement.
This written inst�ument 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 setvices to be perfoi7ned under this
Contract. Any prior or contemporaneous oral or written agreement which putports to vary the
ter7ns of this Conhact shall be void. Any amendments to the terms of this Contract must be in
CHDO SINGLE FAMILYCONTRACT Page 31
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
writing and executed by the Parties.
14.9 Paragraph Headin�s for Reference Onlv, No Le�al 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.
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 masculille
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 Re�ulations.
Developer agrees to coinply 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 et seq.)
➢ Executive Orders ll063, 11246 as amended by 11375 and 12086 and as
supplemented by Depai-tment of Labor regulations 41 CFR, Pai�t 60
➢ The Age Discrimination in Employment of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C, Sections 6101 et seq.)
➢ The Unifoi7n 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 Pai�t 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.
➢ Itni�ligration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et 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
Architechual Bai�iers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and
the Uniform Federai 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
CHDO SINGLE FAMILYCONTRACT Page 32
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
➢ Diug Free Worlcplace 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) pei�taining to restrictions on
participation by ineligible, debarred or suspended peisons or entities
➢ Regulations at 24 CFR Part 882.708(c) pertaining to site and neighborhood standards
for new constiuction projects
➢ 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
Conseivation and Recovery Act
➢ Guidelines of the Enviroiunental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for constiuction or repair, Copeland "Anti-Kickback" Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For constiuction contracts in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of inechanics or laborers, Sections 103 and
107 of the Contract Worlc 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 Par�t 92, Home Investment Partnerships Program Final Rule
➢ Unifoim Administ�•ative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as
amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101)
➢ Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C.
2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
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 Pertainin� to Section 3 of the Housin� and Urban
Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et se�.l
and its Related Re�ulations at 24 CFR Part 135
If the construction of the Required Improvements will cause the creation of fzeyv
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 worlc 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 peNfor�med ur�der this contract is st�bject to the
reqttire»Zents of Sectio�2 3 of the Housing cznd Urban DevelopmentAct of 1968, czs
CHDO SINGLE I'AMILYCONTRACT Page 33
Ash Crescent Single Family Infill Project
Development Corpoi•ation of Tarrant CounTy — 2709 Ash Crescent Street Rev. 03/04/2021
amey2ded, 12 U.S.C. 1701 z� (Section 3). Th�e puipose of Section. 3 is to ensi�re that
employm�ent and other econ.omic oppoNtur�ities generated by HUD assisted or
HUD-asszstarzce pr•ojects covered by Section 3, shall, to the gf�eatest extent
feasible, be directed to low- and ve�y-low income persons, particular�ly persons
who are recipients of HUD assistafzce for ho�t�sing.
B. The pa�°ties to thzs cofat�^act agr•ee to co�npl,}� wit7�. HUD's regulations in 24
CFR Part 135, which implement Section 3. As eviclenced by tlaei�� executio�2 of
tliis conti°act, the par�ties to this contr�act cer•tify that they ar�e u�ader iao cont�•actual
or othe�� i»�pedinZent that would prevent them fi�ona complying with the Part 135
r�egulations.
C. The contractor agr°ees to send to each labor organization o��
f��epresentative of worke�^s tivith wliich the contracto�° has a collective ba�gaining
agreenaent oi� other� understanding, if any, a�aotice advising the laboi�
orgaraizatio�a o�° worliers' r�epresentative of the conti°actor•'s commzm�e�2ts under�
this Section 3 clause, and will post copies of the notice ifz coizspicuous places at
the wof°h site whe�•e both employees urid applicants for t�•airzing and employ�nent
positions can see the notice. Tl�e �aotice shall descj°ibe the Sectioia 3 p�°efe��efzce,
shall set fo�°th nzi�2zmum rzurnber• a�2d job titles sasbject to hzr�e, uvailabilzty of
appr•efaticeship and tr•ai�zing positions, the qualifications fo�° each; and the �zame
and location� of the persofa(s) tal�ing application�s fo�• eaclz of the positions; a�zd the
anticipczted date the woi°lz shall begin.
D, The contracto�� ag�°ees that to inclucle tjiis Section 3 clause iya. ever^y
sZcbco�atract subject to co�npliance with �°egulations ira 24 CFR Part 135, arad
ag�•ees to talie appr•op�•iate actzo�2, as p�°ovidecl in an applicable pr�ovision of the
subco�atr�act o�° i�z this Section 3 clause, iipon a finding that the subcontNactoN is in
vzolatio��. of the f�•egulations in 24 CFR Pa��t 135, Tlae cofatr°acto�° will not
subcofatract with any szcbcoiatractor where the contracto�• l�as notice or� I�aowledge
that the subcontr�actor has been foiancl in violation of tl�e regiclations in 24 CFR
par•t 135.
E. The conti°actoi° will cer�tify that cany vacant employnaent positio�zs,
incl�uding trai�zing positions that a��e filled (1) after the cont�°actor is selectecl btit
befor°e the cont��act is executed, atad (2) with per�sorzs other• tlaan those to whona the
r�eg�ulations of 24 CFR Part 135 r�eqziir•e e»zploy�nent opportunities to be dii°ected,
were notfilled to circitmve�zt the contr�actot��'s obligcttions �tander 24 CFR par�t 135.
F. Nofacompliance with HUD's regzllation in 24 CFR Part 135 �nay result in
sanctiojzs, te�7nination of this con.trctct foi� defa�ttlt, and debar�nent o�� suspenszo�2
fronz futat��e HUD assisted contr�acts.
G, With r•espect to worlc pe�formecl in con�nection wzth Section 3 cove�°ec�
Indian housing assistance, section 7(b) of the badian Self-Deterniination and
Eclucation Assistance Act (2S U.S.C. 450e) also applies to the u�orlc to be
perfor�med under� this Co��tract. Section 7(fi) �°equir•es tlzat to the gr•eatest extent
feasible (i) pf°efeNence c�nd oppof°tatnities for t�•azning cznd e»zployment shall be
given to bidians, and (ii) p��eference in. tlze awar•d of cotatracts a�2d subcont�•acts
shall be gzven to IndiafZ organizcztiofZs and Indian-owned Economic Enterprises.
Pa�°ties to this contt�act that aNe subject to the provzsions of Sectio�z 3 and Section
7(b) ag�•ee to con2ply with SectioTz 3 to tl2e n2axim�tam extent feasible, but iaot in
CHDO SINGLE I+AMILYCONTRACT Page 34
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
de�•ogatio�z of coinpliance with Sectio�z 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 ordeis of HLTD shall
be a condition of the Federai financial assistance provided to the project binding upon City and
Developer and their respective successors, assigns, contractors and subcontractors. Failui•e 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 agreeinent through
which Federal assistance is provided and to such sanctions as are specified by 24 CFR Pai-t 135.
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 einployment 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
Seivices Department in making conhactors and subconhactors
comply;
14,11.2.5 Refraining from entering into contracts with contractors that are
in violation of Section 3 regulations;
14.11.2.6 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 inust submit the forms
attached hereto as Exhibit "I" - Section 3 Reporting Forms and talce the following actions:
14.11.3.1 Report to the City all applicants for employment by cont�actor
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 repot�t that
CHDO SINGLE FAMILYCONTRACT Page 35
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
demonst�ates such open advertisement, in the foi�rn of printout of
Texas Workforce Commission posting, copy of newspaper
advel-tisement, 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.
14.12 Prohibition A�ainst 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,
At-ticle III, Division 4— Faif� Hoassi�tg of the City Code, Developer may not discriininate 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
III, Division 3- Erriployrreent 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 teims of such ordinances by either or its officers,
members, agents, employees, vendors or contractors.
14.12.2 No Discrimination in Emplovment durin� the Performance of this
Contract.
During the performance of this Contract Developer agrees to the following provision, and
will require that its cont�actors, subcontractors and vendors also comply with such provision by
including it in all contracts with its contractors, subcontractors or vendors:
[Cofztrcccto�°'s, Subcontr�actor•'s o�° Venclol�'s Namel will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion, national
origin, falnilial status, disability or perceived disability, sexual orientation, gender identity,
gender expression or transgender. �Contractor's, Subco�atr•actor's or� Vefzdors Na�ne]` will
talce 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 t�ansfer, recruitment or recruitment advertising, layoff or
tei7nination, rates of pay or other forms of compensation, and selection for training, including
CHDO SINGLE FAMILYCONTRACT Page 36
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
apprenticeship. f Co�ztr�actor's, Szcbcontracto��'s or Vendor's Nan�e� agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
pt•ovisions of this nondiscrimination clause.
f Co�ztNactor's, Subcofati°actor's or� Ilendor's Name� will, in all solicitations or
advertisements for employees placed by or on behalf of IContractor's, Sccbco�2tj�actor's o�^
Venc�or's Name� , 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 t�•ansgender,
�Cofztractor's, Subcofzt��actor's o�� Vendo��'s Na�nel covenants that neither it nar any of its
officers, members, agents, employees, or contractors, while engaged in performing this Cont�act,
shall, in connection with the employment, advancement or discharge of einployees 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 per•ceived disability, except on the
basis of a bona fide occupational qualification, retirelnent plan or statutory requirement.
�Contractor's, Subcont��actor's or� Tjel2dor•'s Nafne]� fut-ther covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on theu Uehalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a maximum
age limit for such employment unless the specified inaximum 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 seivices to the general public, nor in the availability,
terms andlor conditions of employment for appiicants 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 fiom using positions for a ptupose 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.
CHDO SINGLE rAMILYCONTRACT Page 37
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
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-malcing process or gain inside infoi�nation with regard to these activities may occupy a
HOME-assisted housing unit, may obtain a financial interest or benefit fi•om a HOME-assisted
activity, or have an interest in any cont�act, 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 far� 1 year thereafter, unless they are accepted in accordance with the
procedures set forth at 24 CFR Part 92.356.
14.13.2.1 Developer shall establish conflict of interest policies for Federal
Awards and shall provide such policies in writing to City in
accordance with the requirernents of 2 CFR Part 200.112.
14.13.3 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Developer is required to timely disclose to City
in writing any potential conflict of interest, as described in this Section.
14.13.4 Disclosure of Texas Penal Code Violations.
Developer affirms that it will adhere to the provisions of the Texas Penal Code which
prohibits bribery and gifts to public servants.
14.13.5 Disclosure of Federal Criminal Law Violations.
In cornpliance with 2 CFR Part 200.113, Developer is required to tiinely disclose to City
all violations of federal criininal law involving fraud, bribery or gratuity violations potentially
affecting this Agreement.
14.14 Labor Standards.
14.14.1 As applicable, Developer agrees to comply with the requuements of the
Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as amended, the
provisions of Contract Worlc Hours and Safety Standards Act (40 U.S.C. 327 et seq.) 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 Bacic Act (18 U.S.C. 874 et seq.) and the implementing regulations of
the United States Department of Labor at 29 CFR Pai-t 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 Developer agrees that, except with respect to the rehabilitation or const�uction
of residential property containing less than 12 units assisted with HOME funds, all contractor•s
engaged under contract for const�uction, renovation or repair work financed in whole or in part
with assistance provided under this Cont��act, shall comply with Federal requirements adopted by
City pertaining to such contracts and with the applicable requirements of the regulations of the
CHDO SINGLE FAMILYCONTRACT Page 38
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
Department of Labor under 29 CFR Pai�ts 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.
14.143 If Davis-Bacon is applicable, Developer shall provide City access to employee
payrolls, contt•actor and subcontractor payrolls and other wage information for persons
perforining construction of the Required Improvements. Payrolls must be submitted to the
Neighborhood Services Department with each Reimbursement Request, and inust be available to
Neighborhood Seivices 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 inechanics. Developer shall
infol�n its contractors and subcontractors that City staff or representatives of Federal agencies
may conduct periodic employee wage interview visits during constructioli of the project to
ensure compliance,
14.15 Subcontractin� with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.15.1 For procurement contracts $50,000.00 or larger, Developer agrees to abide
by City's policy to involve Minority Business Enteiprises and Small Business Enteiprises and to
provide them equal opportunity to coinpete for contracts for construction, provision of
professional seivices, purchase of equipment and supplies and provision of other services
required by City. Developer agrees to incorporate the City's BDE Ordinance, and all
amendments or successor policies or ordinances thereto, into all contracts and subcont�acts for
procurement $50,000.00 or larger, and will further require all persons or entities witli which it so
contracts to comply with said ordinance.
14.15.2 It is national policy to awasd a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small Uusiness enterprises ("SBEs"), minority business
enteiprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affir7native
steps must be talcen to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as
sout•ces of supplies, equipment, const�uction and seivices.
14.15.3 In order to comply with the reporting requirements of 24 CFR Part 92.508
(a)(7)(ii) , Developer rnust submit the form attached hereto as Exhibit "K" — MBE Reporting
Form far each conti•act or subcontract with a value of $25,000 or inore 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.
CHDO SINGLE PAMILYCONTRACT Page 39
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
14.17 Assi�nment.
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 Cont�•act. Any approved assignment
of this Contract shall include assumption of the HOME Loan.
14.18 Right to Inspect Developer Contracts.
It is agreed that City has the right to inspect and approve in writing, prioi• to any charges
being incui-�•ed, 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
const�liction or sale of the Required Improvements, and (iii) any third party contracts to be paid
with HOME Funds.
14.19 Force Majeure.
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, pandemics and epidemics, earthqualces, fi�es,
floods, restraints or prohibitions by any court, board, department, commission or agency of the
United States or of any States, civil disti.uUances, 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 durmg the continuance of such event and the
completion date for such obligations shall be extended for a like period. Developer will give
Ciry 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 Foarce Majeure
Event. Developer will use commercially reasonable efforts to remedy its inability to perfonn as
soon as possible.
14.20 Survival.
Any provision of this Contract that pertains to the HOME Requirements, indemnity
obligations, reporting requirements, auditing, monitaring, homebuyer income eligibility, record
keeping and reports, City ordinances, the provisions of Section 6.6 pertaining to SAM, or any
other HOME Prograin requirements, and any default and enforcement provisions necessary to
enforce such provisions, shall suivive 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 OF ANY HIND OR CHARACTER, INCLUDING BUT NOT
LIMITED TO CLAIMSFOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INNRY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
CHDO SINGLE FAMILYCONTRACT Page 40
Ash Ci•escent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
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,
CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER FURTHER
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 WAOLE
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 IN THIS SECTION INCLUDES
INDEMNITY BY DEVELOPER TO INDEMNIFY AND DEFEND 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.
CHDO SINGLE FAMILYCONTRACT Page 41
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
DEVELOPER'S SEPARATE DUTY TO DEFEND CITY SHALL BE AT
DEVELOPER'S SOLE COST BUT SHALL BE AT THE CITY'S OPTION. IN THE
EVENT THE CITY DECIDES TO PERFORM ITS OWN DEFENSE, EITHER
DIRECTLY OR BY HIRING A DEFENSE, DEVELOPER SHAI�L BE RESPONSIBLE
FOR ANY AND ALL FEES, COSTS, OR OTHER EXPENSES OF ANY HIND IN
CONNECTION WITH THE PROVISION OF THE DEFENSE. THE DUTY TO DEFEND
SHALL ARISE AT TI�E MOMENT THAT CITY OR DEVELOPEIt IS NOTIFIED OF A
CLAIM AGAINST CITY IS MADE IN CONNECTION WITH ANY ALLEGED
ACTION, INACTION, OCCURANCE, OR NONOCCiTRANCE IN CONNECTION
WITH OR FOR THE FURTHERANCE OF THE OBJECTIVES OF THIS CONTRACT.
16. WAIVER OF IMMUNITY BY DEVELOPER.
If Developer, as a charitable or nonprofit organization, has or claims an immunity or
exernption (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
gover-nmental entity's immunities under constitutional, statutory or common law.
17. INSURANCE AND SONDING.
Developer will maintain coverage in the form of insurance or bond in the amount of
$209,135.00 to insure against loss from the fiaud, theft or dishonesty of any of Developer's
officers, agents, tiustees, directors or employees. The proceeds of such insurance or bond shall
be used to reimburse City for any and all loss of HOME Funds occasioned by such misconduct.
To effectuate such reirnbursement, such fidelity coverage shall include a rider stating that
reimbursement for any loss or losses shall naine City as a Loss Payee,
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 cover all insurable rislcs incident to or in connection with the
execution, performance, attempted performance or nonperfol�rnance of this Contract. Developer
shall maintain, or require its general contractor to maintain, the following coverages and limits
thereof:
Commercial General Liabilit�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
CHDO SINGLE I+AMILYCONTRACT Page 42
Ash Crescent Single Family In�ll Pi•oject
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
$ 500,000 Bodily Injury per person per occui7•ence
$1,000,000 Aggregate
Insui•ance policy shall be endorsed to cover "Any Auto" defined as autos owned,
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 ve�•sus a personal
auto insurance policy if or when in the course of Developer's business as contracted
herein.
Worlcers' 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 ainounts 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.
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 endar�sed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
ofiicers, agents, and volunteers of City.
The Worlcers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also refened to as a waiver of rights of recovery, in favor of City.
Any failure on part of City to request cer-tificate(s) of insurance shall not be const�ued as a
waiver of such requirement or as a waiver of the insurauce 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 st�ength and solvency and
CHDO SINGLE I'AMILYCONTRACT Page 43
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
each such coinpany shall have a current minimum A.M. Best Key Rating Guide rating of A: VII
or other equivalent insurance indust�y standard rating otherwise approved by City.
Deductible limits on instuance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event ther•e are any local, Federal or other regulatory insurance or bonding requirements
for the project, and such requirements exceed those specified herein, the forrner 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 conh•actor to maintain builders rislc insurance at the value of
the consttuction.
18. CERTIFICATION REGARDING LOBBYING.
Developer hereby certifies, to the best of its lcnowledge and belief, that:
No Feder�al appropriatecl fi�nds have been paid oi° will be paid, by or on behalf of
Develope��, to aiiy pe�°son for influencing o�� atten2ptir2g to inflz�ence afz officer or�
employee of an.y agency, a men2ber of Cong�°ess, an officer• o�� employee of
Co�Zgress i�z connection witla the awaNding of afay Fec�eral coYatr°act, the maki�ag of
any Fede�°al g�°ant, tlae �nczl�ing of any Feder�al loan, the enter�ing znto of any
coopey�ative agreemeiat ancl the extension, continuatioiz, renewal, ame�2dme�2t, or�
modzfzcatiofz of any Federal cont�°act, g�°ant, loa�2 or coopej°cctive ag�•eement.
If �zny fztnds otlae�� than feder�ally cipp�°opr•i�ated fitnds have bee�a paid or will be
paid to any pe�son fo1° influe��cing or attempting to influence an officer oN
en2ployee of any agef2cy, me�nber of Cong�°ess in co�zrtection witla this Fede�•al
contract, grant, loai2 or cooper�ative agr�eement, Developer• shall complete and
sub�nit Stcrndczrd For�z-LLL, `Disclosiar�e Fo�°nz to Report Lobbying, " in
accordance witl2 its instr�uctions.
Tlzis certification is a mate�°ial repr•esentation of fact iipon whzch Neliance was
placec� whe�Z this Cont�°act wczs �nade o�� entef°ed into. SZtbmission of this
cey�t�cate is a prer�equisite fof� mal�ing or� enteNing in.to this Co�2tract i�nposed by
31 U.S.C. Section 1352. Ar2y person who fails to file the requi��ed certification
CHDO SINGLE FAMILYCONTRACT Page 44
Ash Cr�escent Single Family Infill Project
Development Corporation of Tarrant CounTy — 2709 Ash Crescent Street Rev. 03/04/2021
shall be subject to a civil pefzalty of �aot less than $10,000.00 cznd ��ot mor�e than
$100,000.00 fo�° each such failur•e.
Developer shall require that the language of this certification be included in all
subcontt•acts or agreements involving the expenditure of Federal funds.
19. RELIGIOUS ORGANIZATION.
Developer shall comply with all applicable requirements as more particularly described
in 24 CFR Part 5.109. No portion of the HOME Funds shall be used in suppoi�t of any sectarian
or religious activity. In addition, there must be no religious or meinbership criteria for clients of
a HOME-fiinded unit.
19.1. Separation of Explicitly Reli�ious Activities.
Developer retains its independence and may continue to cai�y out its mission, including
the definition, development practice, and expression of its religious beliefs, pr•ovided that it does
not use HOME Funds to support or engage in any explicitly religious activities (including
activities that involve overt religious content such as worship, religious instruction, or
proselytization), or in any other mailner prohibited by law.
19,2 Explicitly Reli�ious Activities.
If Developer engages in explicitly religious activities (including activities that involve
overt religious content such as worship, religious instruction, or proselytization), the explicitly
religious activities must be offered separately, in time or location, fiom the programs or activities
supported by HOME Funds and participation must be voluntary for clients of a HOME-funded
unit.
20. LITIGATION AND 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 fui�ish immediately to Ciry copies of all pertinent
papers received by Developer with respect to such action or claim. Developer shall provide a
notice to City within 10 calendar days upon filing under any banlcruptcy or financial insolvency
provision of law.
21. 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 setvice; 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.
Citv:
City Attorney's Office
200 Texas St��eet
CHDO SINGLE FAMILYCONTRACT Page 45
Ash Crescent Single Family In�ll Project
Development Corpoi•ation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
Fort Woi-th, TX 76102
Attention: Jo Ann Pate
Telephone: 817-3 92-625 9
Copy to:
Neighborhood Seivices Department
200 Texas St�eet
Fort Worth, TX 76102
Attention: Assistant Di2•ector
Telephone: 817-392-7540
Developer:
Developinent Corporation of Tai-�ant County
1509-B S. Univeisity Dr., Suite 208
Fol�t Woi�th, TX 76102
Attention: President
Telephone: 817-870-9008
22. DEVELOPER HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Developer represents that it possesses the legal authority, ptusuant to any proper,
appropriate and official motion, resohition or action passed or taken, to enter into this Contract
and to perforin the responsibilities herein required.
23. IMMIGRATION NATIONALITY ACT.
Developer shall verify the identity and employment eligibility of its employees who
perform worlc under this Contract, including completing the Employment Eligibility Verification
Fotm (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who perfol�ns worlc under this Contract.
Developer shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no seivices will be perfoi7ned by any Developer employee who is not legally
eligible to perfoi7n such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD
CITY H��tn�iT-ESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Developer, shall have the right to iinmediately tei�ninate this Cont�•act for violations of
this provision by Developer."
24. BOYCOTTING ISRAEL PROHIBITED.
If Developer is a company with 10 or more full-time employees and if this Contract is
for $100,000.00 or more, Developer aclrnowledges that in accordance with Chapter 2270 ofthe
Texas Government Code, City is prohibited from entering into a cont��act with a company for
good or setvices unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the tet-m of the contract. The
CHDO 5INGLE FAMILYCONTRACT Page 46
Ash C�•escent Single Family Infill Pc•oject
Development Corporation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
Terms "boycott Israel" and "company" shall have the meanings ascribed to those terms
in Sectioll 808.001 of the Texas Gover�unent Code. If applicable under this Contract and
Developer is considered a"company," by signing this Contract, Developer• certifies that
Developer's signature provides written vei�fication to City that Developer: (1) does not
boycott Israel; and (2) will not boycott Israel during the teim of this Contract.
25. COUNTERPARTS.
This Contract may be executed in multiple counteipai�ts, 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 PAGEj
CHDO SINGLE FAMILYCONTRACT Page 47
Ash Crescent Single Family In�ll Project
Development Corpoi�ation of Tarrant County — 2709 Ash Crescent Street Rev. 03/04/2021
EXECUTED to be effective as of the Effective Date.
ATTEST:
����-�� 0
Mary J. Kaysei�, City Secretary
M&C 20-0197 Date: 3/24/2020
CITY OF FORT WORTH
��
BV. FernandoCosta(Apr22,20211520CDT)
>
Fernando Costa, Assistant City Manager
Date: Apr 22, 2021
1295 Cert. No.: 2020-581741
APPROVED AS TO FORM AND LEGALITY:
Jo Pate�0�211326 CDT)
Jo Ann Pate, Assistant City Attorney
City of Fort Worth Agreement Compliance
Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and adminish•ation of this contract, including
ensuring all performance and reporting requu•ements.
� ��
Chad LaRoque, Housing Development and Grants Manager
DEVELOPMENT CORPORATION OF
TARR.ANT COUNTY
C��(:. f2 /.',�.
By:
Charles Price, President
Date: Mar25,2021
CHDO HOME CONTRACT Signature Page
Ash Crescent In�ll Project
Tarrant County Development Corporation — 2709 Ash Crescent Street
E�HIBITS:
Exhibit "A" — Project Summary — Scope of Work
Exhibit "A-1" — Final Elevations
Exhibit "A-2" — Environmental Mitigation Action
Exhibit "B" — Budget
Exhibit "C" — Construction and Reimbursement Schedule
Exhibit "D" — Audit Requirements
Exhibit "E" — Loan Documents
Exhibit "F" — Reimbursement For•ms
Exhibit "G" — HOME Project Compliance Report (Single Family)
Exhibit "H" — Federal Labor Staudards Provisions - Davis-Bacon Requiremeirts
Exhibit "I" — Section 3 Reporting Forms
Exhibit "J" — Staudards foi• Complete Documentation
Exhibit "K" — MBE Reporting Form
CHDO HONIE CONTRACT Page 48
Ash Crescent Infill Project
Tarrant County Developinent Corporation — 2709 Ash Crescent St►•eet Rev. 03/04/2021
EXHIBIT "A"
PROJECT SUMMARY - SCOPE OF WORK
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Ci•escent
Capitalized terms not defined hei•ein shall have meanings assigned to them in the Contract.
DESCRIPTION:
Developet• will construct an approximately 1,600 square foot, 3-bedroom, 2-bath single family house
on a lot size of approximately 5,000-7,000 squai•e feet. Construction will include an attached two-car
garage, which is not included in the square footage calculation. Fencing will be located at the rear and
side yards. Landscaping will be include in the front yard.
The construction of the house shall contain any reasonable and necessaiy 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.
Developer must provide the demographic information on the attached Exhibit "G" HOME Project
Compliance Report.
The following appliances and related amenities will be included in the sale of the house:
� Washer and Dtyet• hookups
• Central Air Conditioning and Heating
• 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 (fi•ont)
• Roofing Materials 3 TAB 25 YR
• Siding (percentage) 100%
• Foundation Type Post Tension
• HVAC 15 Seer Heat Pump
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Iufill Pi•oject
Development Corporation of Tan•ant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "A-1"
FINAL ELEVATIONS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
AEH �.
vRacaou�l
NLW SWLIE fANIIY kC51G[NCC
snuau ccn cRu�s:
LA9ASf-I AS!51R
fAOVTfLiC11 �, 15S3R
PACANPCHI U`''aR
11VItiG�fACE� t.Y19NR
TOTAI � 1.1@39]Li
�
-,
'ti �
, L
ly 1
t
�t �
t
� "
t` � �,
i., �
�
�
�
��_w:��
,� �
LOTYNB �
______�
i
---•--•--Q
CHDO SINGL� FAMILl CONTRACT
Ash Crescent Single Tamily Infill Project
Development Corporation of Tarrant County - 2709 Ash Crescent Rev 03/04/2021
Mwim�tric V�e�r - Lot 2763
{z 4.
�
Frent Ekvaticn - Lat 27G9
�9 w K..�
CHDO SL�IGLE FAIIIILY CONTRACT
Ash Crescent Single Tamily Infill Project
Development Corporation of Tartant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "A-2"
ENVIRONMENTAL MITIGATION ACTION
DEVELOPMENT CORPORATION OF TARR.ANT COUNTY
2709 Ash Crescent
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, oi• 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 au authorization to use grant funds from HUD under 24 CFR Part
58.
Special conditions, procedures, and requirements identified for the project may include
and are not limited to mitigation of any adverse effects identified by the environmental
review process. The special conditions, procedui•es, and requirements may differ and are
subject to approval by City and HUD.
Environmental Mitigations are as follows:
Noise Abatement Control
Before construction can begin, Developer must supply one of the following to City:
1) Certification from a qualified acoustical engineer that the construction materials used will
bring the interior noise level down to below 45 dB, or
2) The information required to fill out HUD's STraCAT tool, in order for City to calculate
the degree to which the construction matet•ials/design will reduce interior noise and verify
that they meet HUD's standards.
Once City confirms that interior noise will be reduced to an acceptable level, construction may
proceed.
Ve�etation and Wildlife
During construction, all active nests should be avoided, and if found, a biologist with the United
States Fish and Wildlife Service (USFWS) must be notified. No h�ees or bushes that have active
nests in them may be cut down without frst consulting with the USFWS, who will then
determine if onsite assessment from a qualified biologist is necessary.
City will provide Developer the executed environmental review record and certi�cations.
Developer agrees to abide by the special conditions, pi�ocedures, and requirements of the
executed environmental review certification approved by HUD.
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "B"
BUDGET
DEVELOPMENT CORPORATION OF TARRANT COUNT
2709 Ash Crescent
Total Cost: $ 209,135.00
Project HOME Funds Awarded: $99,862.00
HOME Funds will be paid only as reimbursement for eligible expenses.
Development Budget
Use of Funds Source of Funds
Predevelopment Cost HOME $ OTHER $ SOURCE OF OTHER TOTAL $
FUNDS FUNDS FUNDS FUNDS
(1) (2) (Names) (1+2)
1. Market Study
2. Feasibility (i.e.: preliminary work
write-up, cost estimates, design, bond,
Environmental Studies)
3. Other: Soil Testing 2,500 2,500
Total Predevelo ment Cost 1+2=3)
Develo ment Cost
4. Land and/or building acc�uisition 7,500 Veritex Bank Loan 7,500
5. Soft Costs (Utilities, Security, etc.) 2,500 2,500 5,000
6. Construction Cost Veritex Bank Loan and
87,362 99,273 BBVA Grant 186,635
7.Fence
8. Landscape 2,000 2,000
9. Contingency
10. Appraisal
11. Architect & Engineering Fees 5,500 5,500
12. Construction Management Fee /
Developer Fee
13. Construction Loan Interest
14. Property Su�vey
15. Legal Fees
16. Real Estate Fees
17. Utility Hookup/Impact Fees
18. Title & Recording Fees
19. Program and Related Expenses
20. Construction Management
21. Bond Fees
Total Develo ment Cost 99,862 109,273 209,135
22. Developer Fee From Sales Proceeds
(15% of Total Development Costs) 31,370 31,370
Total Cost 99,862 109,273 209,135
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tairant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
Beginning Weelc — subject to
Phase Activity weather ermittin
PHASE I ACTIVITIES: Contract signed
Land and/oi• Building Ac uisition
Site Preparation
Architectur•al & Engineering Fees
Appraisal, Bond, Market Study
Construction costs
50% Completion of Project
PHASE I DEADLINE: FIRST PAYMENT $49,931
7/30/2021
PHASE II ACTIVITIES: Construction costs
Construction loan interest
Soft costs (utilities, security)
100% Completion of Project
PHASE II DEADLINE: FINAL PAYMENTr'` $49,931
12/30/2021
CONSTRUCTION TOTAL $99,862
Paid after closing of sale to HOME $31,370
DEVELOPER FEE Eli ible Bu er er Section 7.8* (15%oftotal eligible development costs)
PROJECT HOME FLJNDS $99,862
AWARDED
*Developer �vill be reimbursed for eligible expenses only. All amounts are estimates and are subject to change.
** �xhibit "G" - HODIE Project Compliance Report must be submitted prior to reimbursement for Construction Final Payment, Construction
Final Payment will not be made after closing of sale to the Eligible HOME Buyer.
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Pi•oject
Development Corporation of Tai-�•ant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "D"
AUDIT REQUIREMENTS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
Not Applicable
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "E"
DRAFT LOAN DOCUMENTS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
PROMISSORY NOTE
HOME Funds
Date:
Borrower:
Development Corporation of Tat7�ant County, a Texas non-proiit coiporation
Borrower's Mailing Address:
1509 S University Di•ive, Suite B208, Fort Worth, Tarrant County, TX 76107
Lender: City of Fort Worth, Texas, a Texas municipal corporation
Place for Payment:
C/O Director of Neighborhood Setvices Depai�tment
200 Texas St.
Fort Worth, Tai•rant County, TX 76102
or at any other place that Lender may designate in writing
Principal Amount: $
Loan Authority:
The loan evidenced by this Note (the "Loan") is being made pursuant to the HOME
Investment Partneiships 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 Pai�tnerships Program Final Rule, as amended, 24
CFR Part 92 et seq. (the "HOME Regulations") with HOME funds.
Annual Interest Rate: 0%
Maturity Date:
Terms of Payment (principal and interest):
This Note is the Promissory Note required in City Secretary Contract No.
between Borrower and Lender dated and has been executed and
delivered in accordance with those contracts (collectively, the "HOME Contracts"). The
funds advanced by Lender ar•e HOME funds and the Contract requires that the houses
located on the Property and constructed with a portion of the HOME funds must qualify
and remain affordable housing in accordance with the HOME Program and the HOME
Regulations for a specified time period as more particularly described in the Contracts
(the "Affordability Period"). The Loan will be in default and the Principal Amount and
any other sums due hereunder may be declared immediately payable if all of the houses
constructed on the Property are not sold to HOME Eligible Buyers as more particularly
described in the Contracts and in accordance with the HOME Regulations.
This Note is subject to all terms and conditions of the
forgiven provided that (i) the houses are each sold to
accordance with HOME Program requirements, and (ii)
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Col•poration of Tarrant County — 2709 Ash Crescent
Contract. The Loan will be
a HOME Eligible Buyer in
Boi•rower is not otherwise in
Rev 03/04/2021
default of the Loan terms or Contract provisions. In the event the Loan is not foi•given in
accordance with the terms of the Contracts, the Principal Amount will be payable in full
on the Maturity Date.
Security for Payment:
This Note is secured by a Deed of Trust of even date fi•om Borrower to Jo Ann Pate or
Denis McElroy, Ti•ustee, both of which cover the following real property:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR
ALL PURPOSES
Other Security for Payment: As set far-th in the Contract.
Prior Liens
The lien securing this Note is subordinate to the lien securing another note in the original
principal amount of $ dated executed by Borrower, payable to
("First Lien Note"), and described in a deed of trust of even
date to, Trustee, recorded in the Real Property Records, Tarrant County, Texas. The
Deed of Trust securing this Note is and shall be subject and subor•dinate in all respects to
the liens, terms, covenants and conditions of the deed of trust or mortgage securing the
First Lien Note. The rights and remedies of the payee and each subsequent holder of this
Note and the Deed of Trust sectu�ing this Note are subject to the liens, terms, covenants
and conditions of the deed of trust or mortgage securing the Fiist Lien Note. If there is a
default in payment of any part of principal or interest of the First Lien Note or a breach of
any covenants contained in any instruments securing it, the debt evidenced by this Note
will immediately become payable at the option of lender. If Borrower fails to perform
any of Borrower's obligations in the Fiist Lien Note or in any instruments securing it,
Lender may perform those obligations and be reimbursed by Borrower on demand, at the
Place for Payment for any amounts advanced, including attorney's fees, plus interest on
those amounts from the date of payment at the Annual Interest Rate on Matured, Unpaid
Amounts. The amount to be reimbursed will be secured by all instruments securing this
Note.
Borrower promises to pay to the order of Lender the Principal Amount 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, unless otherwise extended as provided foi• in
the Contract. After maturity, Bon•ower promises to pay any unpaid principal balance.
If Bor•rower defaults in the payment of this Note or in the performance of its obligations
under the Contract or the HOME Program or the HOME Regulations or any other obligation in
any insh�ument securing or collateral to this Note, Lender may declare the unpaid principal
balance, 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 occui•s under the
terms of any of the Loan documents, prior to exercising any remedies Lender shall give Borrower
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
written notice of such default. Borrower shall have a period of 30 days after such notice is given
within which to cure the default prior to exei•cise of remedies by Lender under the Loan documents.
Notwithstanding anything to the contrary, if a non-monetary event of default occuts 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, Bon•ower
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 coi7ective action within said period, and (b) diligently, continually, and in
good faith works to effect a cure as soon as possible, then Bori•ower shall have such additional time
as is reasonably necessaiy 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 cut•ed within 180
days after the first notice of default is given.
Notices given to Borrower shall be in writing and delivered to the addi•esses 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 attorney to collect or enforce the Note. Borrower will pay
Lender these expenses and interest on demand at the Place for Payment. These expenses will
become part of the debt evidenced by the Note and will be secured by any secur•ity for payment.
Borrowei• may prepay this Note at any time before the Maturity Date without penalty or
premium so long as the houses located on the Property and constructed with a portion of the
HOME Funds qualify and remain affordable housing in accordance with the HOME Program
and the HOME Regulations for the applicable Affordability Period specified in the Contracts. .
Interest on the debt evidenced by this Note will not exceed the maximum rate or amount
of non-usurious interest that may be contracted for, talcen, 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 i•equired or permitted
prepayment, any excess interest will be canceled automatically as of the acceleration or
prepayment or, if the excess interest has alt•eady been paid, credited on the Principal Amount or,
if the Principal Amount has been paid, refunded. This provision ovei7•ides any conflicting
pi•ovisions in this Note and all other• instruments concerning the debt.
Each Borrower is responsible for all obligations represented by this Note. When the
context requires, singular nouns and pronouns include the plural.
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 Par-ty;
(2) any warranty, covenant, or representation in this Note or in any other written agt•eement
between Lender and Borrower or any Other Obligated Party is materially false when made; (3) a
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
i•eceiver 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
pi•oceeding 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 its affairs, is authorized
to dissolve or wind up its affairs by its govei•ning 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
matei•ially 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 lilce kind and quality or restored to its former condition.
The execution and delivety of this Note are required under the Contract.
If any provision of this Note conflicts with any provision of the Contract, the Deed of
Trust or any other document evidencing the same transaction between Lender and Borrower, the
provisions of the Contract 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 PAGES IMMEDIATELY FOLLOW]
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Coiporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
DEVELOPMENT CORPORATION OF TARRANT
COUNTY
Charles Price, President
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "A"
Property Description
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Iui►ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER
DEED OF TRUST
Terms
Date:
Grantor: Development Corporation of Tari•ant County
a Texas non-profit corporation.
Grantor's Mailing Address:
1509 S University Drive, Suite B208, Fort Worth, Tat•rant County, TX 76107
Trustee: Jo Ann Pate
Trustee's Mailing Address:
C/O City Attorney's Office
200 Texas St.
Foi�t Worth, Tan�ant County, TX 76102
Lender: City of Fort Worth, Texas, a Texas municipal corporation
Lender's Mailing Address:
C/O Neighborhood Services Department
1000 Throcicmorton St.
Foi•t Worth, Tarrant County, TX 76102
Loan Authority:
The loan evidenced by the Note and secured by this 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, 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.
Obligation
Note
Date:
Original principal amount: $
Borrower: Development Corporation of Tarrant County, a Texas non-profit
corporation
Lender: City of Fort Worth, Texas, a Texas municipal corporation
Maturity Date:
CHDO SINGLE FAMILY CONTRACT
Ash Crescent� Single Family In�ll Project
Development Corparation of Tatrant County — 2709 Ash Crescent Rev 03/04/2021
Property (including any improvements):
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR
ALL PURPOSES
Prior Lien:
The lien created by this Deed of Trt►st will be subordinate to the lien securing payment of
a note, and any renewals, extensions, and modifications thei•eof, in the original principal amount
of $ dated made by Gr•antor, payable to ("First Lien Note"),
and more fully described in a deed of trust recorded in the Real Propet-ty Records of Tari•ant
County, Texas.
Subject to waiver, notice, grace and cure period, if any, if default occurs in payment of
any part of principal or interest of the First Lien Note or in observance of any covenants of the
deed of h�ust or other loan documents securing it, the entire debt secured by this Deed of Trust
will immediately become payable at the option of Lender.
Other Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whethei• of record or not; all presently
recorded and validly existing recorded insti•uments other than conveyances of the surface fee
estate that affect the Pr•opet�ty; liens described in this Deed of Trust; and, taxes for the cun�ent
year.
For value received and to secure payment of the Obligation, Grantor conveys the
Property to Trustee in trust. Grantor wari•ants and agrees to defend the title to the Property,
subject to the Other Exceptions to Conveyance and Warranty. On payment of the Obligation and
all other amounts secured by this Deed of Trust, this Deed of Trust will have no further effect,
and Lender will release it at Grantor's expense.
Clauses and Covenants
A. Grantor's Obligations
Grantor agrees to—
lceep the Property in good repair and condition;
2. pay all taxes and assessments on the Property before delinquency and provide proof
of payment of same upon request by 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. maintain, in a form acceptable to Lender, an insurance policy that—
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
a. covers all improvements for their full insurable value as deteimined when
the policy is issued and renewed, unless Lender approves a smaller
amount in writing;
b. contains an 80 percent coinsurance clause;
c. provides all-risk coverage;
d. protects Lender with a standard mortgage clause;
e. provides flood insurance at any time the Pi•operty is in a flood hazard area;
and
f. contains such other coverage as Lender may reasonably require;
5. comply at all times with the requirements of the 80 percent coinsurance clause;
6. deliver the insurance policy to Lender within ten days of the date of this Deed of
Trust and deliver renewals to Lender at least fifteen days before expiration;
7. obey all laws, ordinances, and restrictive covenants applicable to the Propei�ty;
8. keep any buildings occupied as required by the insw�ance policy;
9. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior
lien notes and abide by or cause to be abided by all prior lien instruments; and,
10. notify Lender of any change of address.
B. Lender's Rights
1. Lender may appoint in writing a substitute trustee, succeeding to all rights and
responsibilities of Trustee.
2. If the proceeds of the Obligation 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. Lender may apply any proceeds received under the insurance policy either to reduce
the Obligation or to repair or replace damaged or destroyed improvements covered by the policy.
If the Property is Grantor's priinary residence and Lender reasonably determines that repairs to
the improvements are economically feasible, Lender will make the insurance proceeds available
to Grantor for repairs.
4. Notwithstanding the terms of the Note to the contrary, and unless applicable law
prohibits, all payments received by Lender fi�om Grantor with respect to the Obligation 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 Obligation, to be
applied to late charges, principal, or interest in the order Lender in its discretion determines.
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corparation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
5. If Grantor fails to perform any of Grantor's obligations, Lendei• may perform those
obligations and be reimbursed by Grantor on demand for any amounts so paid, including
attorney's fees, plus interest on those amounts fi•om 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
Tiust.
6. If there is a default on the Obligation or if Grantoi• fails to perform any of Grantor's
obligations and the default continues after any required notice of the default and the time allowed
to cure, Lender may—
a. declare the unpaid principal balance on the Obligation immediately due;
b. 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 Pi•operty Code as then in effect; and
c. purchase the Property at any foreclosure sale by offering the highest bid
and then have the bid credited on the Obligation.
7. Lender may remedy any default without waiving it and may waive any default
without waiving any prior or subsequent default.
8. If the Property is acquired by Lender by foreclosure, Grantor's right to any
insurance policies and proceeds resulting from damage to the Property prior the acquisition shall
pass to Lender to the extent of the sums secured by this Deed of Trust immediately pt•ior to the
acquisition.
9, Lender or its agents may make reasonable entr•ies upon and inspections of the
Property. Lender shall give Barrower notice at the time of or prior to an inspection giving
reasonable cause foi• the inspection.
C. Trustee's Rights and Duties
If directed by Lender to foreclose this lien, Trustee will
1. either personally or by agent give notice of the foreclosure sale as required by the
Texas Property Code as then in effect;
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 Wat•ranty and without repi•esentation or wai7•anty, 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;
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
b. to Lender, the full amount of principal, interest, attorney's fees, and other
charges due and unpaid;
c. any amounts required by law to be paid before payment to Grantor; and
d. to Grantor, any balance; and
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 cout-t and other costs, including attorney's fees, incurred
by Trustee in defense of any action or proceeding talcen against Tt•ustee 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 pur•chaser. If Grantor fails to do so, Grantor will become a tenant at
sufferance of the pui•chaser, subject to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to
be true.
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 Obligation is extended or part of the Property is released.
5. If any portion of the Obligation 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, fi•om private sale in lieu of condemnation, and from
damages caused by public works or construction on or near the Property. After deducting any
expenses incurred, including attorney's fees and court and other costs, Lender will either i•elease
any remaining amounts to Grantor or apply such amounts to reduce the Obligation. Lendei• will
not be liable for failure to collect or to exei•cise diligence in collecting any such amounts.
Gi•antor will immediately give Lender notice of any actual or threatened proceedings for
condemnation of all or part of the Property.
7. Grantor assigns to Lender absolutely, not only as collateral, all present and future
rent and othei• income and receipts from the Property. Grantor wanants the validity and
enforceability of the assignment. 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. Gi�antor will apply all rent and other income and receipts to payment of the Obligation
and performance of this Deed of Trust, but if the rent and other income and receipts exceed the
amount due with respect to the Obligation and the deed of trust, Grantor may retain the excess.
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
If Gi�antor defaults in payment of the Obligation or performance of this Deed of Trust, Lender
may terminate Grantor's license to collect i•ent 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 talcing
possession of the Property. Lender will apply all rent and other income and receipts collected
under this paragraph first to expenses incuri•ed in exercising Lender's rights and remedies and
then to Grantor's obligations with respect to the Obligation and this Deed of Trust in the order
detetmined by Lender. 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. If Grantor becomes a
voluntary or involuntary debtor in banlcruptcy, Lender's filing a proof of claim in bankruptcy
will be deemed equivalent to the appointment of a receiver under Texas law.
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, talcen, reserved, 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 pi�incipal 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.
10. When the context requires, singular nouns and pronouns include the
plural.
ll. The teim Note includes all extensions, modifications, and renewals of the Note
and all amounts secured by this Deed of Trust.
12. This Deed of Trust binds, benefits, and may be enforced by the successors in
interest of all parties.
13. If Grantor and Borrower are not the same person, the term Gr�anto�� includes
Borrower.
14. Grantor and each surety, endorser, and guarantor of the Obligation 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.
15. 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.
16. If any provision of this Deed of Trust is determined to be invalid or
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Pi•oject
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
unenforceable, the validity or enforceability of any other provision will not be affected.
17. The term Lender includes any mortgage servicer for Lender.
18. Grantor represents that this Deed of Trust and the Note are given for the following
purposes:
The debt evidenced by the Note is in payment of the purchase price of the
Properry and the development costs of the Required Improvements as described in
the Contract; 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 vendoi•'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 oi• may enforce both.
19. If the Property is transferred by foreclosure, the transferee will acquire title to all
insurance policies on the Property including all paid but uneai•ned premiums.
20. Lender may declare the debt secured by this Deed of Trust immediately payable
and invoke any remedies provided in this Deed of Trust for default if Grantor transfeis any of the
Property to a peison who is not a permitted transferee without Lender's prior written consent.
"Permitted transferee" means any other person controlling, controlled by, or under common
conti�ol with Grantor. Lender shall not exercise this option if federal law as of the date of this
Deed of Trust prohibits such exercise.
21. THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO THE
FOLLOWING CONDITIONS AND RESTRICTIONS:
The Note is the Note required in City Secretary Contract No. between Grantor
and Lender dated 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 residential housing located on the Pt�operty and constructed
with a portion of the HOME funds must qualify and remain affordable housing in
accordance with the HOME Program and the HOME Regulations for a specified time
period as more particularly described in the Contracts (the "Affordability Period"). The
loan evidenced by the Note and secured by this Deed of Trust will be in default and the
Pi•incipal Amount and any other sums due thereunder may be declared immediately
payable if the residential housing located on the Property is not sold to a HOME Eligible
Buyer as more particularly described in the Contracts and the HOME Regulations.
This Deed of Trust has also been executed and delivered pursuant to the terms of the
Contracts. Grantor agrees to perfoim each and every obligation set forth therein and will
not peimit 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 declare
the debt secw�ed by this Deed of Trust immediately payable and involce any remedies
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
provided herein for default.
23. THE NOTE AND THE DEED OF TRUST CONSTITUTE THE FINAL
AGREEMENT OF THE PARTIES AND MAY NOT BE CONTR.ADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETW�EN THE PARTIES.
DEVELOPMENT CORPORATION OF TARRANT
COUNTY
Charles Price, President
STATE OF TEXAS
COUNTY OF TARR.ANT
This instrument was acicnowledged before me on , 20_ by
Charles Price, the President of Development Corporation of Tarrant County, a Texas non-profit
corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
AFTER RECORDING RETURN TO:
City of Fort Worth
C/O Neighborhood Services Department
200 Texas St.
Fort Worth, Tanant County, TX 76102
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tatrant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "F"
REIMBURSEMENT FORMS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
INVOICE
Developer:
Address:
City, State, Zip:
Project:
Tax ID Number
Phase Number:
DEVELOPMENT CORPORATION OF TARI2ANT
COUNTY
1509 S University Drive, Ste. B-208
Fort Worth, TX 76107
Ash Ci•escent Single Family Infill Project
CHDO SINGLE FAMILY CONTRACT
Ash Ci•escent Single Family In�ll Project
Development Corparation of Tarrant County — 2709 Ash Crescent
Rev 03/04/2021
ATTACHMENT II
Expenditure Worlcsheet
Developer: Development Corporation of Tarrant County
Project: Ash Crescent Single Family Infill Project
Line No. Date Check No. Payee or Beneficiary* Description* Amount
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "G"
HOME PROJECT COMPLIANCE REPORT (SINGLE FAMILY)
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Pi•oject
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
CHDO SINGLE FANIILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "H"
FEDERAL LABOR STANDARDS PROVISIONS - DAVIS BACON REQUIREMENTS
DEVELOPMENT CORPORATION OF TARRr�NT COUNTY
2709 Ash Crescent
Not Applicable
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family In�ll Project
Development Corporation of Tan�ant County — 2709 Ash Crescent Rev 03/04/2021
EXHIBIT "I"
SECTION 3 REPORTING FORMS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tairant County — 2709 Ash Crescent Rev 03/04/2021
�XIIIBIT "I"'
Section 3 Summary Report U.S. Departmenl oiHousing
Economic Opportunities for and Urban Development
Low— and Very Low-Income Persons otfice ot Feir Housing
Md Equel Opportunily
OMB Appraval No: 2529-0043
(exp.11/30/2010)
hu�F�va oicra
Sc<In,nDa�:i �,t[�a�:cl:�N�['.���k.:c:����Lur,7�:n:ta;.mrr[
1 Ni:I:�.Cfll:3rz�.;6!'.71'!:'. (=:�CEI.ftY�SWI�:.:P1 ].(iu'nf,il!�Cfllf.ii:.i�n (0��':�JI 3 Ii:5�Pm0iTE01��.YJf�7
� co�a.,a r.�:�o s rn�r:.� �o-.-i��n, �rx,, «,r,.�
c ik:ir,ei.�,v�: ; r;n;,r.�„r_n;�
e, Dfe Ra?'-'�t Euem¢e�1 9 riourumr_ed� luse saRa•atesn?A 1p r�c.-e o r;yin=
fer �s.ti Fr45� m n c� J±)
Part I: Em lo ment and Training ("Cdumns B. C and F are mandal fields. Include New Hires In E 8F)
A 5 � � F F
f7�. ��=fnf I:�rc�k= nftla„ �nlFn;�9u=1:�imh•r �IT.tal�t,�f'H;� Il�ir�6-rnf:- .. n.
... -):,ry 'I.:vHi � Hie'>t I nH�1i fF� H.e �.e.t: 3E [I�r-, T- :
, � = `
-�;3��siJ.r', il _�.. f..l�il; u��1T. .
Profasslonals
Technicians
ORcelCletical
ConSW etion by Trade (List)
Trade
Trede
Trede
Trede
Trade
Other List
Tdai
'Frvn-�C�_J•y 1-Fu[.I�.ilnlenl:w:ny •t-I:,�niela,sf�i�i_fe.�p
1 =I��6�.rL!oS�t:�.1v l�=L��:r.:lovrnenl. 5 =VI�:�I.�
2=::cUesn 2�2:J i I Ll � 0(,•f��ffl 6-11 V'.i�_ 413�� i•.CRi�.lti;:�:'�_��
(; = t!p.�dm�zeEcn 7= C W G Ln�llr.mt'L
Fa�-lol2
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent
p-iDC.i. e P�'��i. . r I
= O:h�: r GL�Viour�m���:
IO =0tn.•r IV[��i,^.j Frc.7�m;
r.-� i n� D BODJ, �bnn> i �
f:�_I25 Cf H 135
Rev 03/04/2021
Part II: Conlracts Awarded
1. CmsUuctionConVacts:
A. Total doller emounl oFall conVeds awarded on the pqett
B. Totel dollar emount oFconUecb ewerded to Section 3 husineszes
G. Percentageo(Ihetotalddlaramountthatwasavr�rdedtoSecdm3busineszez � �'
D. Total num6er ot5eetion 3 husinassas reeeFring contracts
2. Non-Gonstruation Contraolr
A. Total dolWr amount aA nor�constivcuon conVacts awarded on the p�ojecVactiviry
B. Totnl dollar amount of non-wnsfruclion conlraets awarded to Seetion 36usinesses
C. PercentageofthetotnldollaramountchatwasawardedtoSection3husinesse,
D. Tdel numbar af Sectian 3 buslnasses �eceivinp nm-crostruc�ion cmUects
Part III: Summary
Indicele Ihe eflorts mede lo direci Ihe employment snd other ecanomic oppatunities genereted by HUD financiel esslstance for housing
snd community development progrems, to Ihe greetest exlent feasible, taxerd lax•and very low-income persms, perticularly those who
ere recipienls of governmenl assistence for housing. (Check all lhel epply.)
Attempted to recruil low-income residenls lhrough: Iocai edvedisinp media, signs prominenly displayed al lhe prqecl sile.
conlracls with lhe community agenizalions ond puWic or private agencies operating wilhin lhe metropdilan area (or
nonmelropolitan counly) in which the Seclion 3 cwered program or prqect is loceled, a similar melhods.
Parlicipaled in a HU� program or dher program wfiich promotes Ihe lraining a' employment of Section 3 residenls.
Participated in o HUD progrum a dher program which promWes the eward oi coNrecls to business concems which meet the
definilion ol Seclion 3 business concems.
Coordinated w�lh Youlhbuild Programs admlNslered in Ihe metropditan area in which lhe Section 3 covered prqect is located.
Other; describe belaN.
Pubiic reporting ta lhis cdleclion of infortnalion is estimated lo average 2 hours per response, including the time for revievring insW ctlons,
searching existing dela sources. gathering and mainlaining Ihe data needed. ond canpleting and reviewing Ihe cdlec�ion of Informalion.
This egency may not collecl Ihis intormation, and you are nU required to complete lhis fam, unless il displays a currently valld OMB
number.
Section 3 oi the Housing and Urben Developmenl Act of 1�68, es emended, 12 U.S.C. 1701u, mendetes lhet the Depertment ensures lhet
employment and olher economic opportuni�ies generated by its housing and communily developmenl assislance programs ere �rected
loK•ard loh•- and very-low incane persons, pediculady thase who are recipienls of gwemment assislance housing. The regulalims ere
found et 24 CFR Pert 135. The Intormalion wlll be used by the Depertment lo monitor progrem recipients' compliance with SetUm 3, lo
assess the resulls of Ihe Deparlment's efforts lo meet lhe sta�utory objectives oi Section 3, to prepare reports lo Congress. end by
recipienls as self-monilaing tod. The dala is entered Inlo a dalabase and will be analyzed and distribuled. The cdlection ot infamalion
involves recipients receiving Federal financial assislance for housing and cmimunity developmenl programs covered by Seclirn 3. The
information will be edlecled annualy to assisl HU� in meeting its repaling requiremenls under Saction 808(e)(6) af Ihe Fair Housing Act
end Seclion �i6 of Ihe NCDA oi 1992. M essurence of confidentietiry is nof epplicable to lhis form. The Privecy Act of 1�J74 end OMB
Circular A-108 are not applica6le. The reporting requirements do not conlaln sensilive questions. Dala Is cumulative; personal IdenGying
iniortnetion Is nat included.
Pe�2b 1��r ? 1�nn I IU=� C�-)J? ( t 1 r_>r� tJ )
H�t 2�t G f: 135
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Piroject
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
Fomi HUafi0002. Sectlon 3 Summary Report, Economlc Opportunllies tor Low- and Very Low-Income Persons.
InsWctians: This krm is to ha used lo rapmt annual
eetompli:hmmts regerdng employmenlend other ecmonvc
apportuntlies provided la low- and very luvr-income perzons under
Section 3 althe Hwsing and U�ban Oevelapment Aal of 1860. The
Sactlon 3 regulauons appy to ony publlc andlrMlen housing
programsthatreceive: (1)developmentassislencapursuentto
Secuon 5 of the U.S. Houvng Au of 19J7; (2� opera6ng aszktance
pursuant lo Seclion 9 of lhe U.S. Hasing Act ef 1937; or (3)
modemizafion grants pursuant to Section 14 oftha U.S. Housing Acl
of 1937 and [o reciplmts of housing and community developmeM
asslstance in ezcess of 5200,000 expended fa: (t) housing
rehabili[ation (including retlutiron and abatement ol lead6ased paim
hezaids); (2) housing const�uction; or (3) other public consUudion
pwJects; and to con[racls and su6corrirecfs ln exress o15 f00,000
awetded in tonnecilon vrilh Iha Secliorrlcovered ecliviry.
Form HU0.600D2 has t�ree pans, wtileh are to be completetl for
ell pragrems mvered by Sectlon 3. Pert I relales lo empbymenf
andlralning. The reciplent has �he opUon ro determine numerical
employmenlRreining goais eitt�er on tlie basis of Ihe number othours
workatl 6y navi htres (to!umns B, D, E anE F). Pan II otthe Porm
relatez lo [ontr7cOng, and PaR III summarizec rxipimli eflortsto
complywRh Sadion 3.
Reciplents or conVaclars subjecl lo Section 3 requirements musi
meinlein apqopriale daumentetian to estabfsh Ihat HUD finentiel
az�zfance for housing and mmmunily development pmgnms were
direcled towerd low- end very Ivw-income persons.' A recipienl of
Sactlon 3 aovered asaistance shal suhmit me copy ofthis report 10
HUD Headqueders, OfRca of Feir Houyng end Eq.iel Opporlunity.
LVhere the prog�am providing assistanee requi�es an annoul
pedamance repod this Seciivn 3 reportis lo be submdkd at tha
sama time tha prognm performanee report is su6mitted. Wfiere en
annual periormance repoR is nol required, this Section 3 repod is ta 6e
submitted by Januory 10 ond, ifthe proJect ends before December 31,
wilNn 10 days of pryect compietion. Onry Pdn�e Recipknts are
requlred to report to HUD. T�e ieport must Include
accompllslm�enis of a11 recfplents end [helrSecdon 3 covered
con�x�ors and suocorxnaws.
HUDFddOffi�a: EnterlheFicldOlfi�anama.
1. Racipienl: Enter the neme end address oilhe recipient
submitting Ihiz reporl.
2. Faderai Identificalion: Enler tha number lhet eppeers on Ihe
award fortn (wilh Cashas). The award may ho a grant,
coaperelive egreement a contrecL
3. DollarAmounto(Avrard: EnlerNeddlaramoum,roundedtothe
nearest dallar, receivetl by Ihe recipient.
4& 5. Contact PersoNPhone: En[er lhe neme and telephme number
of Ihe person with knovAedge ofthe award and [he recipienPs
implemanmtion of Seaion 3.
6. Reporting Pariod� InQcata tha lime pariad (manths and yau)
this repoA tovers.
7_ Data Report SubmiMed: Enter 1he appmpriata dale.
B. Progrem Code: Entar tha appropriata program eoda as listed at
tha botlom oftho page.
9. Program Name: Entn the name oIHUD Pmgmm mrresponding
wdh the'Prcgrem Gode' in number 8.
Part I: Employment and Tralning OpportunNles
ColumnA: ConWinsvariousjobcategories. Professionalsare
defned as people �vho have special knowledge oFan xcupetion (i.e.
supervisors, archdects surveyors, planners, andcomputer
progmmmers). For can9mction pozitions, �isl each Irade and prwide
data in cdumns B through F hr each �rade where perwns were
employed. The category of'Other inclutlesoccupaEons such as
service woikers.
Column B: (MandaloryFiddJ Enter the number o(new hires fa
each category olworkers Iden�fied I� Column A In connection wilh
Nfs eward. New hc0 refars �o a parson who is not on tha conUaCor s
or recipient's peyroli fnr employment et ihe tlme ot seledlon fa the
Settlon 3 wvered award or at lhe lime of recelpt of SecOon 3 cwered
asyslence.
ColumnC: (MandatoryFlrJtl) En[arlhenumharof5actlon3n�v
hires (ar each category of workers identiRad in Column A in
connectlon vnth this award. Sac6on 3 new hha rekrs to a SxUon 3
resideni who is not an Ihe cvntracbr's or recipienfs payroll fa
emptoymenl al lhe lime of seleetion lor lhe Seolion 3 oovered ewerd or
at Nie tima of receipt olSection 3 cwered assist�nce.
COlumn D: Enler Ihe percentage of ell lha staRhaurs of new hires
(Section 3 residants) in connxtion vrith this award.
Column E: Enter Ifie percenlaga of the ldel steRhours worked kr
Sec6on 3 empioyeas ond trainees {including new hires) connested
wRh ihis avmrd. Include staR hour: fq ped-time and (ulFtime
pozi6ms.
ColumnF: (MandatoryFlel� EnlerihenumherafSection3
residents �hat were trained in eonnecaan with lhis awerd.
PaR IC Gvn6ed OpportunAies
Block 1: Con:truclion CmtieUs
Item A: Enter the lotal dollar amount of aA carrtractz awarded on tha
pmjttVprogrsm.
Item B: Enlar tha totai dollu amount oteonlrects connecled vrith Itfis
pmjecVprogrem thalwere ewardedlo Seclion 36usinesses.
Item C: Enter Ihe percen[aga af the lotnl dallar amounl of cmtrads
conneoted wilh this projecUpragem sverded lo Section 3 buslnesses.
Item D: Enter Ne num6er of Sactlon 3 6usine:sas rxe'Ning awards.
Block 2: NonConstruction Cmlrects
Item A: Enter the lolal dolla� anwunt of aA coMrac[s awarded on the
proJaUprogram.
I[em B: Enter the totel doller amount of contreels cannected with Ihis
pmjxt awarded m Sectim 3 bu9nesses.
Item C: Enlerthe pereentaga of the total dollar nmounl of cmtraNs
eonnectad with Ihis projaeVprogam awarded m SacEon 3 6usinaszos.
Ilem D: Enter the numbei of Section 3 businesses ieceiving ewerds.
PaAlll: Summarya(ERods—Self•eYplanalary
Subm3 one (1) copy o(this mpod to Ihe HUD Headquoders Office o(
Fair Houzing and Equal Oppodundy at Ihe same lime lhe
performance report is :�bmRted to lhe progmm o�nce. The Seclion 3
repart is abmitted by Jenuary 10. Inciude anly conlracts execuled
during lhe period apecified in item 8. PHAslIHAs ere lo repod ell
wntra c [slsuhc antra ds.
' The tertns'la+v-Incoma persms' and very low-intome persons" have
Ue sama meanin9s given Ihe lerms in seciion 3(6) (� oflhe Uniled
Stales Hausing Ad o(1937. Lowdnconx persoRS mean families
(including singie persvns) whose incomes do nat exceed 80 percent at
the medan ncome for the area, as deterrtined by the Secre[ary, viith
adurtrnentz br smailer and larger familie� except that
p, �, i
The Sacre[ary mey estedish income eeBings hiqher or Imver Ihan BD percent
oFthe median (orthe area on lhe bazis of lhe Secretary's findngs such thal
vaiialions ere necessery batause ot prevail�ng levels of canstruction wsls
orunusual��high-orlmv�incomafarrWies. Verylav-Inconrepeisonsmean
lorrincome families (includn9 single persons) whose incanes do nol
e�ceed 50 percenl of Ihe medan hrtily income area, as delermined 6� the
Secretary wilh adustments or smaller and larger Femilies, except that lhe
F,ecratary may esteblish income ceilings hiyfer or lower thnn 50 percent ef
Ne meden for the area m lhe besis of lhe Secretery'e findings lhal such
vaiiations ere necessery beceuse of unusueiy hi� a lan hmiy incomes.
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent
,�m Mlli>L•��1�J 111l7010�
Rrf 7d CfR �35
Rev 03/04/2021
EXHIBIT "J"
STANDARDS FOR COMPLETE DOCUMENTATION
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
CHDO SINGLE FAMILY CONTRACT
Asb Crescent Single Family In611 Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
FaRTWORT�I.�
Standard �f Documentation for Reimbursement of Development Costs
Cost
Acquisition of Real Property
Pre-Development and Soft
Costs (Architect, Engineer,
Landseape Design, Surveys,
Appraisals, Environmental, Legal
Fees, Othzr Consultants, Etc.)
Documentation Standard
- Notice to Seller (date must be on or before the date of options agreement
or sales contract and signed by the l�uyer and sellerj
• Recorded Deed af Trust
• PurchaseAgreementrvf Required HUD language
• MasterSettlementStatement/HUD-1
- Appraisal or other document usec! to determine purchase price
- Proof of Payment (i.e., bank statementJcancelled check)
- Verification of Vacant Status (as applicable}
• Invoice should indude:
■ date;
■ company's letterhead;
■ ad�lress for �vhich service is provided;
■ description of service(s) and item(s};
■ amount for itemized senrices; and
■ total amount
Proof of Payment {i.e., bank statement or cancelled check)
Fully executed contract/service agreemenis/letter agre�ements and
applicable amendments
o Provide printout from �+n,vw.sam.gov verifyii7g
�ontractor/subcontractor is not listed on the debarred and
suspension list
If only a partion is being paid �vitl7 City funds, then shot�a calculation and
documentation vf ho�,v �osts are allocated_
Neighborhood 5eivices
EINAL as of 6 f 21 J2017 Page 1
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent
Rev 03/04/2021
FORT WORTH .,
Standard af Docum�ntatir�n for Reimbursement of Development Casts
Construction Costs
(Contractors & 5ubcontractors)
Material� Purchased by Developer
(if applicablej
Developer Fee
(if paid directly from HOME fundsj
- lnvoice shauld include:
■ ciate;
■ �ompany's letterhead;
■ address for �vhich 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 N5D Inspector
- Copy of executed agreements
■ Provide printout from �+n�vw.sam.�ov verifying
contractor/subcontractvr is not listed on the debarred and
suspension list
- if only a portion is being paid �vith City funds, then show caltulation and
documentation of how �osts are allocated.
• For payment of final retainage for the prime contractor, provide lien
�vaivers for the prime and all subcontractors.
- List of subcontra�tors
- Invoice should include:
■ datz;
■ company's letterhead;
■ acldress for ���hich service is provided;
■ description of �ervice(s) and item{s};
■ amount for itemized services; and
■ t�tal amount
- Proof of Payment {i.e., bank statement or cancelled check)
• Verification of delivery
- Final Invoice Reflecting Total Development Cost
• Proof of payment for any other entity�Jfunding sour�e contributing to
develapment costs
- 5hoti+; calculation of agreed upon developer fee percentage
- Copies of final lien releases from contractorJsubcontractor
- Complete Documentation income eligibility of buyersJrenters (i.e., income
da�uments for eligible home�uyer/tenants, sales contract bet��Jeen
developerJhomebuyer, HAP Deed of Trust with required affordability
period language, etc.}
- Lease documents
- Final inspections of completed units
Nei�hborhood Sen�ces
FIYAL as of 6�21�2017
Page 2
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Corporation of Tan•ant County — 2709 Ash Crescent
Rev 03/04/2021
EXHIBIT "K"
MBE REPORTING FORM
DEVELOPMENT CORPORATION OF TARRANT COUNTY
2709 Ash Crescent
CHDO SINGLE FAMILY CONTRACT
Ash Crescent Single Family Infill Project
Development Coiporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
f�w.v�uulSuG.u.t�a�Aa�:.ii. �.c y.mv.Jl�ayW�nn[`.aa.v ��u rt �t.. _ _. ..
a mMxf:nm�i. .cr-i:nvshycm�a4�am�nn.�of:n�u..�tf�msa.�.fx.ps�vWme.sytfm.mi-rx�n.-rv..� [tl.�mai.�.:lutn I�:���m�...
.i1at�.rri+*�tn rJ�-aux:r�rc}�almca(is T.'trntata�. �ivin..�unct`Y.f<wG.�rl-�m44�r2c�
����1�rscm�)w+�ul`�^rm t�aTnce��nrc.rnx.6w:��ansn�efs�InR'�+�I-J�v �a�m�mr�2Rren�6� ent�rmeryarm.4�mLJw�1`W��ss.+nmv.a�stanimv�V�a�t�l�n�mut
q- n�.. rv.a...n�lw�aT��..��M: m.��� .�ef.rl.-�rsn..�nay.n....azn.�_,.,.-�3in..�..u. _i �.}�.m.....,�:y.�.a�.i�.u.oe..,ri..vmi... w, e�z't._.-.�.��.iin:.�a.1:��R.�=�e��..a.�t.
CHDO SINGLE FANIILY CONTRACT
Ash Crescent Single Tamily Infill Project
Development Corporation of Tarrant County — 2709 Ash Crescent Rev 03/04/2021
. .. .t ¢..t��.v�W... ..naue.i.��-.�Mrt.�i..WNiw�w�auifa.yP�a�a.�D�
��..r.� wr s....,
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 03/24/20 M&C FILE NUMBER: M&C 20-0197
LOG NAME: 19ASH CRESCENT NEIGHBORHOOD INFILL
SUBJECT
Authorize Expenditure of HOME Investment Partnerships Program Grant Funds in the amount of $399,448.00 to Development Corporation of
Tarrant County, a certified Community Housing Development Organization in the Form of a Subordinate Forgivable Loan for Development of Four
Single Family Houses in the Ash Crescent Neighborhood and Authorize Execution of Related Contracts (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. 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;
2. Authorize the expenditure of $399,448.00 in HOME Investment Partnerships Program grant funds to Development Corporation of Tarrant
County in the form of a subordinate forgivable loan for the Ash Crescent Neighborhood Single Family Infill Development;
3. Authorize the City Manager, or his designee, to execute a contract with Development Corporation of Tarrant County in the total amount of
$399,448.00 for the development for a three year term beginning on the date of execution of the contract;
4. Authorize the City Manager, or his designee, to execute all related contracts or other documents necessary for lending activities;
5. Authorize the City Manager, or his designee, to extend the contract for the HOME funds for two one-year extensions if such extensions are
necessary for completion of the development, and to extend the other contracts for lending activities as 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 amendments are
within 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 6, 2019, the City Council approved the City's 2019-2020 Action Plan for submission to the United States Housing and Urban
Development Department (HUD), which included $399,448.00 in HOME Investment Partnerships Program (HOME) grant funds to Development
Corporation of Tarrant County (DCTC) for the Ash Crescent Neighborhood Single Family Infill Development (M&C 19-0016). HUD requires the
City to set aside 15 percent of its allocation of HOME funds for Community Development Housing Organizations (CHDO) activities. DCTC is an
experienced single family affordable housing developer and certified by the City as a CHDO.
DCTC plans to develop four approximately 1,700 square foot, three-bedroom, two-bath, two-car garage single family houses on Ash Crescent
Street. The houses will be sold to individuals or families that earn 80 percent or less of the Area Median Income as determined by the U.S.
Department of Housing and Urban Development (HUD). Buyers must meet all HOME program 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 designated affordability period.
On February 4, 2020, the Fort Worth Housing Finance Corporation approved the sale of four of its vacant lots in the Ash Crescent Neighborhood
to DCTC for the project.
Staff recommends execution of a contract with Development Corporation of Tarrant County for a subordinate forgivable loan of CHDO HOME
funds in the amount of $399,448.00 for the development of the Ash Crescent Neighborhood Single Family Infill Development on the following terms
and conditions:
HOME Contract and HOME Loan Terms:
1.
2.
3.
4.
5.
6.
7.
8.
Construction must begin within six months of date of Contract execution;
Loan term to commence on execution of the loan documents;
Three year term for HOME contract and HOME loan;
First lien commercial construction loan terms must be acceptable to City; �
HOME loan will be subordinate only to first lien commercial 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;
DCTC will be paid a15 percent developer fee and will retain the net sales proceeds from the houses to be used to construct at least one
additional affordable house to be sold to a HOME-eligible buyer; and,
Houses must be sold to HOME-eligible buyers who qualify for a HAP loan of at least $1,000.00.
The expenditure of HOME fund is conditioned upon the followina:
1. Satisfactory underwriting in accordance with federal guidance for use of HOME funds and Ciry policies for funding of HOME units;
2. Satisfactory completion of an environmental review, pursuant to 24 CFR Part 58;
3. Receipt of authorization to use grant funds from HUD; and,
4. Closing on all other financing for the project.
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 use of these HOME funds was held from July
1, 2019 to July 31, 2019. 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 INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and execution of the agreement, funds will be available in the
current operating budget, as appropriated, of the Grants Operating Federal Fund. This is a reimbursement grant. The Neighborhood
Services Department is responsible for requesting all reimbursements and will verify funding availability prior to incurring any expense.
Submitted for City Manager's Office bv: Fernando Costa 6122
Originatina Business Unit Head: VictorTurner 8187
Additional Information Contact: Chad LaRoque 2661
Leticia Rodriguez 7319
SAM Search Results
List of records matching your search for :
Search Term : Development Corporation of Tarrant County*
Record Status: Active
ENTITY Development Corporation of Tarrant County Status: Active
DUNS: 791548964 +4: CAGE Code: 6KSW5 DoDAAC:
Expiration Date: 02/09/2022 Has Active Exclusion?: No Debt Subject to Offset?: No
Address: 1509 S UNIVERSITY DR STE B208
City: FORT WORTH State/Province: TEXAS
ZIP Code: 76107-9501 Country: UNITED STATES
March 09, 2021 12:49 PM https://www.sam.gov Page 1 of 1