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Contract 45940
CK SECRETARY, STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and the Cornerstone Assistance Network Housing Development Corporation (hereafter "Developer"), a Texas non-profit corporation. City and Developer may be referred to individually as a"Party"and jointly as "the Parties". The Parties state as follows: WHEREAS, City has received a grant from the United States Department of Housing and Urban Development through the HOME Investment Partnerships Program, Catalog of Federal Domestic Assistance No. 14.239, with which City desires to promote activities that expand the supply of affordable housing and the development of partnerships among City, local governments, local lenders, private industry and neighborhood-based nonprofit housing organizations; WHEREAS, the primary purpose 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, a portion of City's HOME funds are reserved for the use of certain housing development entities that qualify under the HOME Regulations as a Community Housing Development Organization or CHDO; WHEREAS, Developer is a Texas non-profit corporation managed by a volunteer Board of Directors working to increase the number of quality, accessible and affordable ownership housing units available to low and moderate income individuals and families and has fulfilled the requirements of the HOME Program to be a CHDO; WHEREAS, City has certified that Developer is a Community Housing Development Organization; WHEREAS, Developer has requested HOME CHDO funds for an eligible project under the HOME Regulations whereby Developer will construct a single family house located at 3229 Fitzhugh, Fort Worth, TX 76105 for sale to a low to moderate income homebuyer; and rn :Z WHEREAS, City citizens and the City Council have determined that the development of quality, accessible, affordable housing is needed for moderate, low, and very low-income City citizens. NOW, THEREFORE, in consideration of the mutual covenants and obligations o and responsibilities contained herein, including all Exhibits and Attachments, and subject CHDO SINGLE FAMILY CONTRACT OFFICIAL RECORD Rev 8-20-14 Cornerstone -3229 Fitzhugh CITY SECRETARY Page 1 FT.WORTH,TX to the terms and conditions hereinafter stated, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Developer hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Contract, the following terms shall have the definitions ascribed to them as follows: Affordable House means a house purchased by a HOME Eligible Buyer for which the monthly payment of principal, interest, property taxes, and hazard insurance is not more than 30% or less than 16% of the homebuyer's monthly gross income. In the case of new house construction, the percentage of the homebuyer's monthly gross income shall not exceed 32%. Act means the HOME Investment Partnerships Act at Title 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 the recapture provisions in 24 CFR Part 92.254 of the HOME Regulations. The Affordability Period for the house constructed under this Contract is 5 years unless otherwise required as set forth in Section 7.3.2. The Affordability Period begins on the date the project status is changed to "complete" in IDIS. Area Median Income or AMI means the median family income for the Fort Worth- Arlington metropolitan statistical area as set annually by HUD. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. Complete Documentation means the following documentation as applicable: • Attachments I and II, with supporting documentation as follows: • Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Developer. • Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Developer were actually paid by Developer. • Other documentation: (i) final lien releases signed by the general contractor or subcontractors, if applicable; (ii) copies of all City permits and City-issued CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 2 ``pass" inspections for such work; (iii) documentation showing compliance with BDE or DBE bidding process for procurement or Contract activities, if applicable; (iv) proof of contractor, subcontractor or vendor eligibility as described in Section 6.6; and (v) any other documents or records reasonably necessary to verify costs spent for the house. • Complete Documentation shall meet the standards described in the attached Exhibit"J"- Standards for Complete Documentation. • FINAL REIMBURSEMENT SHALL NOT BE MADE UNTIL ALL LIENS ARE RELEASED TO CITY'S SATISFACTION AND THE SALE OF THE HOUSE TO A HOME ELIGIBLE BUYER IS CLOSED. Community Housing Development Organization or CHDO means, as defined in 24 CFR 92.2 as amended from time to time, a private non-profit organization, that: (1) Is organized under State or local laws; (2) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual of the CHDO; (3) Is neither controlled by, nor under the direction of, individuals or entities seeking to derive profit or gain from the organization. A CHDO may be sponsored or created by a for-profit entity, but: (i) The for-profit entity may not be an entity whose primary purpose is the development or management of housing, such as a builder, developer, or real estate management firm; (ii) The for-profit entity shall not appoint more than one-third of the membership of the organization's governing body, and board members appointed by the for-profit entity may not appoint the remaining two- thirds of the board members; and (iii) The CHDO must be free to contract for goods and services from vendors of its own choosing; (4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c) (3) or(4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c) (3)- 1); (5) Is not a public body (including the City) or an affiliate of a public body; (6) Has standards of financial accountability that conform to 24 CFR 84.21 "Standards for Financial Management Systems"; (7) Has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons, as evidenced in its charter, articles of incorporation, resolutions, or by laws; (8) Maintains accountability to low-income community residents by: (i) Maintaining at least one-third of its governing board's membership for residents of low-income neighborhoods, other low-income community residents, or elected representative of low-income neighborhood organizations. For urban areas, "community" may be a neighborhood or neighborhoods, city, county or metropolitan area; for rural areas, it CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 3 may be a neighborhood or neighborhoods, town, village, county, or multi-county area(but not the entire State); and (ii) Providing a formal process for low-income-program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing; (9) Has a demonstrated capacity for carrying out activities assisted with HOME funds; (10) Has a history of serving the community within which housing to be assisted with HOME funds is to be located; and (1 1) Has at least one full-time staff person. Completion means the substantial completion of the house as evidenced by a HED Department Minimal Acceptable Standard Inspection Report, HUD Compliance Inspection Report and all other applicable final inspection approvals from the City. Completion Deadline means November 15, 2015. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Deed of Trust means any deed of trust from Developer in favor of City covering the Property and securing the indebtedness evidenced therein and Developer's performance of the requirements of this Contract and the of the HOME Regulations, as the same may be extended, amended, restated, supplemented or otherwise modified. The form of the Deed of Trust is attached as part of Exhibit"E"—Loan Documents. Developer Fee means 10% of the total HOME eligible development costs actually spent for the Required Improvements to be paid to Developer. Director means the Director of the City's Housing and Economic Development Department. Effective Date means July 1, 2014. HAP or HAP Program means the City's Homebuyer Assistance Program which provides subordinate forgivable deferred payment loans with HOME funds for closing cost and/or down payment assistance to eligible homebuyers under the HAP Guidelines. HAP Guidelines means any rules, regulations, guidelines and requirements by City or HUD that a homebuyer must meet in order to (i) qualify for HAP down payment and/or closing cost assistance, and (ii) fulfill the homebuyer's obligations under the HOME Program during the Affordability Period. HAP Loan means the subordinate purchase money loan from the City under its HAP Program to a HOME Eligible Buyer in the minimum amount of$1,000.00. HAP Loan Documents means the HOME Written Agreement between the City and the HOME Eligible Buyer, the promissory note in favor of the City in the amount of the HAP CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Comerstone-3229 Fitzhugh Page 4 assistance and the deed of trust securing the HAP Loan, as well as any other instruments evidencing, securing or guaranteeing the HAP Loan, as the same may be extended, amended,restated, supplemented or otherwise modified. HED Department means the City's Housing and Economic Development Department. HOME means the HOME Investment Partnerships Program. HOME Eligible Buyer means a homebuyer, whether one or more, (i) whose annual income adjusted for family size does not exceed 80% of AMI, and (ii) who meets HAP Guidelines and qualifies for and receives a minimum of $1,000.00 of down payment and/or closing cost assistance in the form of a HAP loan. HOME Funds means the HOME Program grant funds supplied by City to Developer under the terms of this Contract not to exceed$143,257. HOME Regulations means the HOME Investment Partnerships Program Final Rule found at 24 CFR Part 92 et seq. HOME Requirements means that a house constructed with the HOME Funds must be sold by Developer to a HOME Eligible Buyer who has received a minimum HAP Loan of$1,000.00 and who will occupy the house as his or her Principal Residence throughout the Affordability Period in accordance with the HAP Loan Documents and HAP Guidelines. HUD means the United States Department of Housing and Urban Development. IDIS means HUD's Integrated Disbursement Information System. Loan means the HOME Funds provided to Developer by City in the form of a forgivable deferred payment loan under the terms of this Contract as more particularly described in the Loan Documents. Loan Documents means security instruments including without limitation, the City's Promissory Note and Deed of Trust, or any other similar security instruments evidencing, securing or guaranteeing City's interest in the Required Improvements constructed by Developer in accordance with the terms of this Contract as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. Plans means the plans and specifications 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 Plans for the house are attached as Exhibit A-1 —Final Elevations, Plans and Specifications. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 5 Principal Residence means the house purchased from Developer by a HOME Eligible Buyer who will occupy it continuously throughout the Affordability Period in accordance with the HAP Guidelines and the HAP Loan Documents. Promissory Note means any note in the amount of the HOME Funds executed by Developer payable to the order of City, as the same may be extended, amended, restated, supplemented or otherwise modified. The form of the Promissory Note is attached as Exhibit "E"—Loan Documents. Property means the lot or lots on which the Required Improvements shall be constructed as more particularly described in and encumbered by the Deed of Trust. Required Improvements or the house means all the improvements for a single family house to be constructed on the Property, together with all fixtures, improvements and appurtenances now or later to be located on the Property and/or in such improvements. The house will be commonly known as 3229 Fitzhugh, Fort Worth, TX 76105. The Required Improvements are part of an infill housing development project in which Developer will construct and sell single family houses in the Polytechnic neighborhood to HOME Eligible Buyers (the "project"). Reimbursement Request means all reports and other documentation described in Section 10. Sales Proceeds means the funds resulting fiom the sale of the house to a HOME Eligible Buyer and consisting of the sales price of the house less (i) any construction loan repayment (other than the HOME Funds), and(ii) any common and customary seller's closing costs approved by City shown on the HUD-1 Settlement Statement, or as otherwise defined in the HOME Regulations. 3. TERM AND EXTENSION. 3.1 Term of Contract. The term of this Contract commences on the Effective Date and terminates in 2 years unless earlier terminated as provided in this Contract. 3.2 Extension of Contract. This Contract may be extended for 1 year upon Developer submitting a request for an extension in writing at least 60 days prior to the end of the Contract term. The request for extension shall include the reasons for the extension and Developer's anticipated budget, construction schedule and goals for the extended term. It is specifically understood and agreed that it is in City's sole discretion whether to approve or deny Developer's request for an additional term. Any such extension shall be in the form of an amendment to this Contract executed by the Parties. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 6 3.3 Term of Loan. The term of the Loan commences on the date of the Promissory Note and terminates 2 years later so long as the terms and conditions of this Contract and the Loan Documents have been met. The term of the Loan may be extended for 1 year upon Developer submitting a request for an extension in writing at least 60 days prior to the end of the Loan term. The request for extension shall include the reasons for the extension and Developer's anticipated budget, construction schedule and goals for the extended Loan term. It is specifically understood and agreed that it is in City's sole discretion whether to approve or deny Developer's request for an extension of the Loan term. Any such extension shall be in the form of a Loan Modification Agreement executed by the Parties. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide HOME Funds. City shall provide up to $130,234.00 of HOME Funds in the form of the Loan for eligible expenses for the development of the house under the terms and conditions described herein. 4.2 City Will Monitor. City will monitor the activities and performance of Developer and any of its contractors, subcontractors or vendors annually as required by 24 CFR Part 92.504. 5. DEVELOPER OBLIGATIONS. 5.1. Construction of Required Improvements. Developer shall complete the construction of the Required Improvements as described in Exhibit "A" — Project Summary and Scope of Work in accordance with the Plans, the schedule in Exhibit "C" — Construction and Reimbursement Schedule, and the terms and conditions of this Contract. 5.2 Use of HOME Funds. 5.2.1 Sale of Required Improvements to a HOME Eligible Buyer. Developer shall sell the house to HOME Eligible Buyers under the terms and conditions of this Contract. 5.2.2 Costs in Compliance with HOME Regulations and Contract. Developer shall be reimbursed for eligible costs for the Required Improvements with HOME Funds only if City determines in its sole discretion that: 5.2.2.1 Costs are eligible expenditures in accordance with the HOME Regulations. 5.2.2.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 7 5.2.2.3 Complete Documentation, as applicable, is submitted by Developer. 5.2.3 Budget. Developer agrees that the HOME Funds will be paid on a reimbursement basis in accordance with Exhibit "B" —Budget and Exhibit "C" — Construction and Reimbursement Schedule. Developer may increase or decrease line-item amounts in the Budget with the Director's prior written approval, which approval shall be in the Director's sole discretion, so long as the expenses are in compliance with 5.2.2, comply with Exhibit "A" — Project Summary and Scope of Work, and the total amount of HOME Funds is not increased. 5.2.4 Change in Budget. 5.2.4.1 Developer will notify City promptly of any additional funds it receives for construction of the Required Improvements, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.4.2 Developer agrees to utilize the HOME Funds to supplement rather than supplant funds otherwise available for the house. 5.3 Payment of HOME Funds to Developer. HOME Funds will be disbursed to Developer upon City's approval of Developer's written and signed Reimbursement Requests, including submission of Complete Documentation to City in compliance with Section 10. It is expressly agreed by the Parties that any HOME Funds not reimbursed to Developer upon the completion of the house shall remain with City. 5.4 Identify Development Expenses Paid with HOME Funds. Developer will keep accounts and records in such a manner that City may readily identify and account for expenses reimbursed with HOME funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Acknowledgement of City Payment of HOME Funds. Within 90 days of Completion, Developer shall sign an acknowledgement that City has paid all HOME Funds due under this Contract, or shall deliver a document executed by an officer of Developer identifying all or any portion of the HOME Funds that City has not paid to Developer. Once City has met all of its obligations for payment of HOME Funds hereunder, an officer of Developer shall sign an acknowledgement of same. 5.6 Security for City's Interest. To secure City's interest in the Required Improvements and the performance of Developer's obligations hereunder, Developer shall execute the Loan Documents and record the Deed of Trust at the earlier of(i)the acquisition of the Property, or(ii) before CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 8 any construction materials are delivered to the Property or any work is commenced on the Required Improvements. No HOME Funds will be paid or reimbursed until the Loan Documents are executed and the Deed of Trust is recorded. City will release the Deed of Trust upon the closing of the sale of the house to a HOME Eligible Buyer. 5.6.1 Loan Terms and Conditions. Developer will be required to: 5.6.1.1 Execute the Promissory Note and Deed of Trust along with any other Loan Documents required by City. 5.6.1.2 Provide City with a Mortgagee's or Lender's policy of title insurance in the amount of the Loan. 5.6.1.3 Pay all costs associated with closing the Loan. 5.6.1.4 Provide City with a copy of an estimated settlement statement from the title company at least 1 business day before closing of the Loan. 5.6.1.5 Ensure City's lien is in first lien position unless otherwise approved in writing by City. In addition, City must approve in writing any secured financing for the Required Improvements that is to be subordinate to the Loan. 5.6.1.6 The term of the Loan shall be as specified in Section 3.3. 5.6.1.7 No interest shall accrue on the Loan provided that Developer complies with the terms and conditions of the Promissory Note. 5.6.1.8 The Loan is a forgivable deferred payment loan. The Loan will be forgiven provided that (i) the house is sold to a HOME Eligible Buyer in accordance with the HOME Requirements, (ii) City receives the Sales Proceeds, and (iii) Developer is not otherwise in default of the Loan terms or Contract provisions. 5.6.1.9 Early repayment of the Loan shall not relieve Developer of its obligations under this Contract or the HOME Regulations including but not limited to the HOME Requirements. The Deed of Trust shall secure both repayment of the HOME Funds, if required, and performance by Developer of its obligations under this Contract. 5.6.1.10 Refinancing of the Loan or any approved subordinate financing by Developer shall require City's prior written approval for the purpose of ensuring compliance with the HOME Requirements, which approval shall not be unreasonably CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 9 withheld. 5.6.1.11 Any failure by Developer to comply with this Section 5.6.1 will be an event of default under this Contract and the Loan Documents. 5.7 Maintain HOME Requirements. Developer shall ensure that the house is sold to a HOME Eligible Buyer as required by this Contract and the HOME Regulations. Developer must notify the City in writing if the house has not been sold to a HOME Eligible Buyer within 4 months of Completion. Such notice must be given within 14 calendar days of the 4 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 6 months of Completion 5.8 HOME Requirements Survive Transfer. Any sale or transfer of the Property by Developer during the Contract term, other than a sale of the house to a HOME Eligible Buyer or a transfer due to condemnation or to obtain utility services, may at City's sole discretion require the repayment of the HOME Funds unless City approves the new owner or transferee in writing and the new owner or transferee affirmatively assumes in writing the HOME Requirements as well as all of Developer's other obligations under this Contract. Failure of the transferee to assume all of Developer's obligations under this Contract and the Loan Documents will result in immediate termination of this Contract. In addition, City may pursue any of its remedies under the Loan Documents if the transferee fails to assume all of Developer's obligations hereunder. 5.9 CHDO Certification. 5.9.1. CHDO Requirements Met. By the execution of this Contract, Developer represents that it meets the requirements for designation as a CHDO set forth in 24 CFR Part 92.2. 5.9.2 Status Reports. Developer has a continuing duty to provide City with all documentation or information in regard to any change in its status as a CHDO or as a 501(c)(3) tax exempt entity within 10 business days of said change. Developer shall provide an annual board roster and proof of its continued status as a CHDO to City by January 30th of each year. CHDO shall replace any board member who resigns or is otherwise no longer able to serve within 3 months of the vacancy. The failure of Developer to maintain its status as a CHDO and a 501(c)(3) tax exempt entity shall result in termination of this Contract and return of all HOME Funds to City. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 10 6. CONSTRUCTION. 6.1 Construction Schedule. Developer will construct the Required Improvements in accordance with the schedule set forth in the attached Exhibit "C" — Construction and Reimbursement Schedule. Developer shall not begin construction until City sends a Notice to Proceed. Developer's failure to meet the Construction Schedule or the Completion Deadline shall be an event of default. Developer may not change the Construction Schedule without the Director's prior written approval, which approval shall be in the Director's sole discretion. 6.1.1 Construction Inspections. The construction of the house must pass a HED Department Minimal Acceptable Standard Inspection report, a HUD Compliance Inspection Report and any other applicable HUD-required inspections during the construction period, along with any applicable final inspection approval from the City at the completion of the construction of the house. 6.2 Applicable Laws, Building Codes and Ordinances. The Plans and construction for the house shall (i) conform to all applicable Federal, state, City and other local laws, ordinances, codes, rules and regulations, including the HOME Regulations; (ii) meet all City building codes; (iii) meet the Energy Conservation requirements as required by the State of Texas in Chapter 11 of the International Residential Code; (iv) if new construction, must conform to the Model Energy Code published by the Council of American Building Officials. 6.3 Property Standards During Construction. If applicable, Developer shall comply with the following during the construction of the house: (i) the Property Standards and Housing Quality Standards (HQS) contained in 24 CFR Part 92.251, (ii) City property standards, and (iii) all other required accessibility standards for the house. 6.4 Lead-Based Paint Requirements. If applicable, Developer will comply with all Federal lead-based paint requirements including lead screening in housing built prior to 1978 in accordance with 24 CFR Part 92.355 and 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation, Repair and Painting Program Final Rule, 40 CFR Part 745 in the construction and/or rehabilitation of the Required Improvements. 6.5 Approval of Plans by City Not Release of Responsibility. Approval of the Plans by City shall not constitute or be deemed (i) to be a release of the responsibility or liability of Developer or any of its architects, contractors or subcontractors, or their respective officers, agents, employees and lower tier subcontractors, for the accuracy or the competency of the Plans, including, but not limited to, any related investigations, surveys, designs, working drawings and specifications or other documents; or (ii) an assumption of any responsibility or liability by City for any negligent act, error or omission in the conduct or preparation of any tests, CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 11 investigations, surveys, designs, working drawings and specifications or other documents by Developer or any of its architects, contractors or subcontractors, and their respective officers, agents, employees and lower tier subcontractors. 6.6 Contractor,Vendor and Subcontractor Requirements. Developer will use commercially reasonable efforts to ensure that all contractors or vendors utilized by Developer, or subcontractors utilized by Developer's general contractor, are appropriately licensed and such licenses are maintained throughout the construction of the Required Improvements. Developer shall ensure that all subcontractors utilized by Developer or subcontractors utilized by Developer's general contractor in the construction of the house, or vendors utilized by Developer in the marketing or sale of the house are not debarred or suspended from performing the contractor's, subcontractor's or vendor's work by the City, the State of Texas or the Federal government. Developer must confirm that all contractors, subcontractors or vendors are not listed on the Federal System for Award Management, www.sam.gov, and must submit printed verification of such searches (i) with the first Reimbursement Request which includes invoices from any contractor or subcontractor, or (ii) prior to hiring any vendor to market or sell the house. Failure to submit such proof of search shall be an event of default. In the event that City determines that any contractor, subcontractor or vendor has been debarred, suspended, or is not properly licensed, Developer or Developer's general contractor shall immediately cause the contractor, subcontractor or vendor to stop work. Developer shall not be reimbursed for any work performed by any contractor, subcontractor or vendor that has been debarred, suspended or is not properly licensed. However, this Section shall not be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any contractor, subcontractor or vendor. Developer acknowledges that the provisions of this Section pertaining to the Federal System Award Management shall survive the termination of this Contract for so long as Developer owns any house which was constructed in whole or in part with the HOME Funds. 7. SALE OF REQUIRED IMPROVEMENTS TO HOME ELIGIBLE BUYER. 7.1 Income Eligibility. Homebuyer eligibility will be determined using the definition of annual income in 24 CFR 5.609. 7.2 Sales Price of Required Improvements. 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. Sales price shall be established by a market analysis performed by the Developer and furnished by the Developer to the City no later than 60 days after the Effective Date. 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 CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 12 City with all information necessary to prove eligibility for the HAP Loan. Any attempted sale of a house to a purchaser who is not a HOME Eligible Buyer shall be an event of default and shall result in automatic termination of this Contract. HOME Eligible Buyers must complete a homeownership training and counseling program prior to closing their purchase of the house from Developer. This requirement shall be evidenced by a completion certificate from a HUD-certified housing counseling agency provided to City. Failure to provide a copy of such certificate shall be an event of default. 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 days prior to closing of the sale of the house. Eligibility for a HAP Loan shall be determined by City in its sole discretion using the HAP Guidelines. City shall enter into a HOME Written Agreement with the prospective purchaser as part of the HAP Loan. If requested by City, Developer shall use its best efforts to timely provide City with all documents necessary for City to process the HAP Loan application, including verification of homebuyer income eligibility. 7.3.2 Other HOME Assistance. HOME Regulations require that the amount of HOME investment that is subject to recapture is based on the amount of HOME assistance that enabled the homebuyer to buy the dwelling unit. The sales price of the house will be determined by a market analysis performed by Developer. In the event that the price of the house is reduced below the sales price set by the market analysis, and the amount of the reduction in the sales price plus the amount of the HAP Loan exceeds $15,000.00, then the Affordability Period will be 10 years. If the amount of the reduction in the sales price plus the amount of the HAP Loan exceeds $40,000.00, then the Affordability Period will be 15 years. 7.3.2.1 If required, the additional Affordability Period will be more particularly described in the HOME Written Agreement and evidenced by a note to City in the amount of the other HOME Assistance described in this subsection and secured by a deed of trust in favor of City. The loan will be a subordinate forgivable deferred payment loan for the term of the additional required Affordability Period. 7.3.2.2 Developer shall notify City, and if necessary, the prospective homebuyer and the prospective homebuyer's first lien mortgage company within 5 business days of determining that an additional Affordability Period will be required. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 13 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. 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. The 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 Federal funds spent on the house, the City will forgive its loan. If the Buyer does not meet the Federal requirements for the City's loan, Seller shall terminate this contract by giving notice to Buyer and the Earnest Money will be refunded to Buyer." 7.5 Developer to Provide Settlement Statement. Developer shall provide City the estimated HUD-1 Settlement Statement at least 5 business days prior to the closing of the sale of the house to a HOME Eligible Buyer. The 14UD-1 shall show any homebuyer subsidies, the MAY Loan, any loan for the other HOME Assistance and the Sales Proceeds to be returned to City. Developer shall not close the sale of a house without receiving City's written approval of the final HUD-1. 7.6 Deadline for Sale of Required Improvements. The house must be sold to a HOME Eligible Buyer within 6 months of Completion. Developer shall submit status reports to City regarding the sale of each house. 7.7 Marketing 7.7.1. Affirmative Marketing. Developer must adopt affirmative marketing procedures and requirements for the Required Improvements as required by 24 CFR Part 92.351 if the project involves the construction of 5 or more houses. The procedures and requirements must include methods for informing the public, owners and potential homebuyers about fair housing laws and policies so as to ensure that all individuals, without regard for sex, age, race, color, creed, nationality, national origin, religion, handicap status, disability, familial status, sexual orientation, gender identity, gender expression or transgender, are given an equal opportunity to participate in the project. Affirmative marketing procedures and requirements adopted must include: 7.7.1.1 Methods for informing the public, owners, and potential purchasers about Federal fair housing laws and the Developer's affirmative marketing policy. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 14 7.7.1.2 Requirements and practices Developer must adhere to in order to carry out the affirmative marketing procedures and requirements. 7.7.1.3 Procedures to be used by Developer to inform and solicit potential purchasers of the houses constructed as part of the project in the housing market area who are not likely to seek to purchase a house without special outreach. 7.7.1.4 Records that will be kept describing actions taken by Developer to affirmatively market the houses constructed as part of the project and records to assess the results of these actions. 7.7.1.5 A description of how Developer will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. 7.7.2. City Approval. All Developer marketing procedures related to the Required Improvements, including but not limited to the affirmative marketing described in Section 7.7.1, are subject to approval by City. Developer shall submit all marketing plans for City approval no later than 30 calendar days after the Effective Date. 7.7.3 Effective Marketing. Developer will be solely responsible for the effective marketing responsibilities necessary to achieve the HOME Requirements. Documentation supporting these efforts shall be submitted to the City upon request and shall include, but not be limited to, brochures, sign-in sheets for open houses, listings, and advertisements. 7.8 Developer Fee. Developer shall be paid the Developer Fee as more particularly described in Exhibit "C" — Construction and Reimbursement Schedule on 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 the Developer Fee outside of closing upon receipt from Developer of an invoice showing the total amount of HOME Funds actually spent to develop the Required Improvements. 7.9 Sales Proceeds. All Sales Proceeds shall be returned to City. 8. ADDITIONAL HOME REQUIREMENTS. Developer agrees to comply with all requirements of the HOME Program as stated in the HOME Regulations, including, but not limited to the following: CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 15 8.1 Environmental Review. HOME Funds will not be paid and costs cannot be incurred until City has completed an environmental review as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. Further, Developer will not undertake or commit any funds to physical or choice limiting actions, including if applicable, property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance. Any violation of this Section will cause this Contract to terminate immediately and require Developer to repay to City any HOME Funds received and forfeit any future payments of HOME Funds. 8.1.2 Mitigation. Developer must take the mitigation actions outlined in Exhibit "A-2"— Environmental Mitigation Action. Failure to complete the required mitigation action is an event of default under this Contract. 8.2 Intentionally Omitted. 8.3. Monitoring. 8.3.1 Developer understands and agrees that it will be subject to monitoring by City for compliance with the HOME Regulations until the project is closed in IDIS and for 5 years thereafter. Developer will provide reports and access to project files as requested by City during the term of the Contract and for 5 years after the project is closed in IDIS. 8.3.2 Representatives of City, HUD and the United States Comptroller General shall have access during regular business hours, upon 48 hours' prior notice, to Developer's offices and records that are related to the use of the HOME Funds, and to Director's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 8.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Developer's compliance with the terms and conditions of this Contract and the Loan. City shall provide Developer with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Developer's performance, the report shall include requirements for the timely correction of said deficiencies by Developer. Failure by Developer to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein or City may take all actions allowed in the Loan Documents. 8.3.4 This Section 8.3 shall be applicable for the duration of the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 8.4 Compliance with the Uniform Relocation Act. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 16 If applicable, Developer shall comply with the relocation requirements of 24 CFR Part 92.353 and all other applicable Federal and state laws and City ordinances and requirements pertaining to relocation. 8.5 Compliance with Davis-Bacon Act. If applicable, Developer and its general contractor and all lower tier subcontractors will comply with the Davis-Bacon Act as described in Section 14.14 and Exhibit"H"—Davis-Bacon Requirements-Federal Labor Standards Provisions. 8.6 Developer Procurement Standards. Developer shall ensure that procurement of materials and services is done in a cost effective manner. Developer shall comply with all applicable Federal, state and local laws, regulations, and ordinances for making procurements under this Contract. 8.7 Copyright and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Developer. HUD and City shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of Developer's performance under this Contract. 8.8 Terms Applicable to Contractors, Subcontractors and Vendors. Developer understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Developer which are in any way paid with HOME Funds or who perform any work in connection with the construction or sale of the house. Developer shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including its obligations regarding the HOME Requirements and the HOME Regulations. Developer shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the HOME Requirements, the HOME Regulations and Contract provisions. Developer is responsible to cure all violations of the HOME Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Developer's full compliance with the terms of this Contract and the HOME Regulations and Developer is responsible for such compliance regardless of whether actions to fulfill the requirements of this Contract or the HOME Regulations are taken by Developer or by Developer's contractors, subcontractors or vendors. Developer acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and be applicable for 5 years after the termination of this Contract. 8.9 Payment and Performance Bonds. Subject to the requirements of 24 CFR 85.36, Developer shall furnish City with payment and performance bonds in a form acceptable to City in the amount of the construction cost for the house but not less than $130,234.00. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 17 9. RECORD KEEPING REPORTING AND DOCUMENTATION REQUIREMENTS, RIGHT TO AUDIT. 9.1 Record Keeping. Developer shall maintain a record-keeping system as part of its performance of this Contract 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 keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Developer will maintain all records and documentation related to this Contract for 5 years after the Contract terminates. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. 9.1.2 Access to Records. Representatives of City and HUD and any duly authorized officials of the Federal government will have full access to, and the right to examine, audit, excerpt and/or transcribe any of Developer's records pertaining to all matters covered by this Contract for 5 years after the Contract terminates. Such access shall be during regular business hours and upon at least 48 hours' prior notice. 9.2 Reports. Developer will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Developer may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract and/or the end of the Loan in such form and within such times as City may prescribe. Failure to submit any report or documentation described in this Contract to City shall be an event of default of this Contract and City may exercise all of it remedies for default under this Contract and Loan Documents. 9.2.1 Additional Information. Developer shall provide City with additional information as may be required by state or Federal agencies to substantiate HOME Program activities and/or expenditure eligibility. 9.3 Change in Reporting 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 days prior to the effective date of such change, and the Parties shall execute an amendment to this Contract reflecting such change if necessary. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 18 9.4 City Reserves the Right to Audit. City reserves the right to perform an audit of Developer's project operations and finances at any time during the term of this Contract or for 5 years after the Contract terminates, if City determines that such audit is necessary for City's compliance with the HOME Regulations or other City policies, and Developer agrees to allow access to all pertinent materials as described herein. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Developer of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or other contract 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" — Reimbursement Forms with each Reimbursement Request: 10.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement in the submitted request, and the cumulative reimbursement requested to date (inclusive of the current request). This report must be signed by an authorized signatory of Developer. By signing Attachment I, Developer is certifying that the costs are valid, eligible, and consistent with the terms and conditions of this Contract, and the data contained in the report is true and correct. 10.2 Attachment II—Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Developer. In order for this report to be complete the following must be submitted: 10.2.1 Invoices for each expense with an explanation as to how the expense pertains to the house, if necessary; and 10.2.2 Proof that each expense was paid by Developer, which can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 10.3 Deadline for Submitting Reimbursement Requests. All Reimbursement Requests along with Complete Documentation shall be submitted by Developer to City within 60 days from each of the deadlines as shown in Exhibit"C"—Construction and Reimbursement Schedule. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 19 10.3.1 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 Withholding Payment. 10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED. 10.4.2 CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60 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. 10.5 Timing of Payment. Provided that Developer submits Complete Documentation to the Director with respect to the Required Improvements in conformance with this Contract, City will reimburse Developer for eligible expenses within 15 calendar days. 11. DEFAULT AND TERMINATION. 11.1 Failure to Begin or Complete the Required Improvements 11.1.1 The Property shall be acquired by Developer within 2 months of the Effective Date. If Developer fails to begin construction of the house within 3 months of the acquisition of the Property or, if Developer already owns the Property, the Effective Date, this Contract shall automatically terminate without further notice or opportunity to cure, and with no penalty or liability to City. 11.1.2 If City determines that the Required Improvements were not completed by the Completion Deadline or have failed to pass any of the inspections described in Section 6.1.1, City shall have the right to terminate this Contract effective immediately upon written notice to Developer of such intent with no penalty or liability to City. City shall also be entitled to demand repayment of the HOME Funds already disbursed to Developer and enforce any of the provisions of Loan Documents for default. 11.2 Failure to Submit Complete Documentation During Construction. 11.2.1 If Developer fails to submit Complete Documentation during construction of the Required Improvements in accordance with Exhibit "C" — Construction and Reimbursement Schedule, or if any report or documentation submitted as part of Complete Documentation is not in compliance with this Contract or the HOME Regulations as determined by City in its sole discretion, City will notify Developer in writing and Developer will have 15 calendar days from the date of City's CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 20 written notice to submit or resubmit any such report 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 15 days (a total of 30 days), City shall have the right to terminate this Contract effective immediately upon written notice of such intent to Developer with no penalty or liability to City. Notwithstanding anything to the contrary herein, City will not be required to pay any HOME Funds to Developer during the period that any such report or documentation is missing or otherwise not in compliance with this Contract or the HOME Regulations. 11.2.2 If any of Developer's Reimbursement Requests are incomplete or otherwise not in compliance with this Contract or the HOME Regulations as determined by City in its sole discretion, City will notify Developer in writing of such default and Developer will have 15 calendar days from the date of the written notice to resubmit any such Reimbursement Request to cure the default. If Developer fails to cure the default within such time, Developer shall forfeit any payments otherwise due under such Reimbursement Request. If such failure to resubmit such Reimbursement Request continues for an additional 15 days (a total of 30 days), City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. Notwithstanding anything to the contrary herein, City will not be required to pay any HOME Funds to Developer during the period that any such Reimbursement Request is not in compliance with this Contract or the HOME Regulations. 11.2.3 In the event of more than 2 instances of default, cured or uncured, under Sections 11.2.1 or 11.2.2, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent to Developer with no penalty or liability to City. 11.2.4 Notwithstanding anything to the contrary herein, City will not be required to pay any HOME Funds to Developer during the period that any Reimbursement Request, report or other documentation is missing, past due or is not in compliance with this Contract or the HOME Regulations, or during any period during which Developer is in default of this Contract. 11.2.5 In the event of termination under this Section 11.2, all HOME Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately forfeited and Developer shall have no further right to such funds. Any HOME Funds already paid to Developer must be repaid to City within 30 days of termination under this Section. Failure to repay such HOME Funds will result in City exercising all legal remedies available to City under this Contract and the Loan Documents. 11.3 Failure to Sell Required Improvements. Developer must notify City in writing if Developer fails to sell any of the houses to HOME Eligible Buyers within 4 months of Completion as described in Section 5.7. Developer must notify City in writing no later than 5 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 6 months of Completion: CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 21 11.3.1 Convert the house to a rental unit as described in 24 CFR Part 92.252. Developer will be responsible for maintenance and management of the rental house. If Developer selects this option, City will enter into a separate agreement with Developer setting forth the HOME requirements applicable for HOME rental units; or 11.3.2 Repay City all HOME Funds provided to Developer under this Contract for the unsold house within 30 days of notifying the 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 documentation as required in Section 9, or fails to submit any report or documentation required by this Contract after the Required Improvements are completed, or if the submitted report or documentation is not in compliance with this Contract or the HOME Regulations as determined by City in its sole discretion, City will notify Developer in writing and Developer will have 15 calendar days from the date of the written notice to obtain or recreate the missing records or documentation, or submit or resubmit any such report or documentation to City. If Developer fails to maintain the required reports or documentation, or submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. In the event of termination under this Section 11.4, any HOME Funds paid to Developer must be repaid to City within 30 days of termination. Failure to repay such HOME Funds will result in City exercising all legal remedies available to City under this Contract and the Loan Documents. 11.5 In General. 11.5.1 Subject to Sections 11.1, 11.2, 11.3 and 11.4, and unless specifically provided otherwise in this Contract, Developer shall be in default under this Contract if Developer breaches any term or condition of this Contract. In the event that such a breach remains uncured after 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 discretion, to (i) extend Developer's time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Developer, or (iii) pursue any other legal remedies available to City under this Contract or the Loan Documents. 11.5.2 City's remedies may include: 11.5.2.1 Direct Developer to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 22 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 likely to be affected by the performance deficiency, before expending HOME Funds for the activities. 11.5.2.4 Reprogram HOME Funds that have not yet been expended from affected activities to other eligible activities or withhold HOME Funds. 11.5.2.5 Direct Developer to reimburse City in any amount of HOME Funds not used in accordance with the HOME Regulations. 11.5.2.6 Suspend reimbursement of HOME Funds for affected activities. 11.5.2.7 Any other appropriate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions, termination of this Contract or any other contracts with Developer, and any other available remedies. 11.5.3 In the event of termination under this Section 11.5, all HOME Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately rescinded and Developer shall have no further right to such funds and any HOME Funds already paid to Developer must be repaid to City within 30 days of termination. Failure to repay such HOME Funds will result in City exercising all legal remedies available to City under this Contract or the Loan Documents. 11.5.4 If this Contract terminates prior to the sale of the house to a HOME Eligible Buyer, Developer waives all right to the Developer Fee. 11.6 No Funds Disbursed while in Breach. Developer understands and agrees that no HOME Funds will be paid to Developer until all defaults are cured to the satisfaction of City. 11.7 No Compensation After Date of Termination. Developer shall not receive any HOME Funds for work undertaken after the date of termination. 11.8 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 23 Developer, or which may thereafter accrue because of such default, and this provision shall be in addition to any and all other rights and remedies available to City under the law and Loan Documents including, but not limited to, compelling Developer to complete the Required Improvements in accordance with the terms of the Contract. Such termination does not terminate any applicable provisions of this Contract that have been expressly noted as surviving the term or termination of this Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any CHDO default. 11.9 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract or the Loan Documents shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof or thereof. 11.10 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 11.11 Termination for Cause. 11.11.1 City may terminate this Contract in the event of Developer's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all HOME Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately rescinded and Developer shall have no further right to such funds and any HOME Funds already paid to Developer must be repaid to City within 30 days of termination. Failure to repay such HOME Funds will result in City exercising all legal remedies available to City under this Contract or the Loan Documents. DEVELOPER ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, DEVELOPER OR ANY AFFILIATES OF DEVELOPER SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR HOME FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 11.11.2 This Contract shall be terminated immediately in the event Developer loses its CHDO certification or status. 1 1.11.3 Developer may terminate this Contract if City does not provide the HOME Funds substantially in accordance with this Contract. 11.12 Termination for Convenience. In terminating in accordance with 24 C.F.R. 85.44, this Contract may be terminated in whole or in part only as follows: 11.12.1 By City with the consent of Developer in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination,the portion to be terminated, or CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 24 1 1.12.2 By Developer upon at least 30 days' written notice to City setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate this Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or HOME Funds to be spent will not accomplish the purposes for which this Contract was made. 11.13 Dissolution of Developer Terminates Contract. This Contract shall terminate in the event Developer is dissolved or ceases to exist. In the event of termination under this Section, all HOME Funds are subject to repayment and/or City may exercise all of its remedies under this Contract and the Loan Documents. 11.14 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Developer with the HOME Funds including but not limited to plans, drawings, surveys, renderings, construction documents and any other real or personal property owned by Developer that was improved with the HOME Funds shall belong to City and shall automatically transfer to City or to such assignees as City may designate. 12. REPAYMENT OF HOME FUNDS. All HOME Funds are subject to repayment in the event the house or the project does not meet the requirements of this Contract or of the HOME Regulations. If Developer takes any action that results in the City being required to repay all or any portion of the HOME Funds to HUD, Developer agrees it will reimburse City for such repayment. 13. MATERIAL OWNERSHIP CHANGE. If ownership of Developer materially changes after the date of this Contract, City may but is not obligated to, terminate this Contract. City has 30 days to make such determination after receipt of written notice from Developer and failure to make such determination will constitute a waiver. In the event of termination by City under this Section 13, all HOME Funds awarded but not yet paid to Developer pursuant to this Contract shall be immediately rescinded and Developer shall have no further right to such funds. Any HOME Funds already paid to Developer must be repaid to City within 30 days of termination under this Section. 14. GENERAL PROVISIONS 14.1 Developer an Independent Contractor. Developer shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Developer shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, CHDO SINGLE FAINIILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 25 subcontractors, vendors, tenants, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Developer, its officers, members, agents, servants, employees, contractors, subcontractors, vendors, tenants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. City does not have the legal right to control the details of the tasks performed hereunder by Developer, its officers, members, agents, employees, contractors, subcontractors, vendors, tenants, licensees or invitees. 14.3 Developer Property. City shall under no circumstances be responsible for any property belonging to Developer, its officers, members, agents, employees, contractors, subcontractors, vendors, tenants, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and DEVELOPER HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.4 Religious Organization. No portion of the HOME Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for buyers of a HOME-funded property. 14.5 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. 14.6 Governing Law. This Contract shall be government by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by Federal law, the choice of law shall be the 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 part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.8 Written Agreement Entire Agreement. This written instrument and the Exhibits, Attachments and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 26 purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.9 Paragraph Headings for Reference Only, No Legal Significance; 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 masculine and feminine. The words "include" and "including" whenever used herein shall be deemed to be followed by the words "without limitation". 14.10 Compliance With All Applicable Laws and Regulations. Developer agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ HOME Investment Partnerships Act as set out above ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of Federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.), related Executive Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 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 Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 27 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Regulations at 24 CFR Part 882.708(c) pertaining to site and neighborhood standards for new construction 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 Conservation and Recovery Act Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti- Kickback"Act(18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Regulations at 24 CFR Part 92, Home Investment Partnerships Program Final Rule 14.11 HUD-Assisted Proiects and Employment and other Economic Opportunities; Section 3 Requirements. 14.11.1 Requirement that Law Be Quoted in Covered Contracts.—Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Regulations at 24 CFR Part 135 If the construction of the Required Improvements will cause the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the HOME Funds, Developer shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR Part 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed lender this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 170111 (Section 3). The purpose of CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 28 Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can seethe notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act(25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 29 Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. 14.11.2 Developer Responsibilities for Section 3 Requirements. City and Developer understand and agree that compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the project binding upon City and Developer and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Developer and its contractors and subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Developer's responsibilities include: 14.11.2.1 Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; 14.11.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities; 14.11.2.3 Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; 14.11.2.4 Assisting and actively cooperating with the HED Department in making contractors and subcontractors comply; 14.11.2.5 Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; 14.11.2.6 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 must submit the forms attached hereto as Exhibit "I" - Section 3 Reporting Forms and take the following actions: CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 30 14.11.3.1 Report to the City all applicants for employment, and all applicants for employment by contractor and subcontractor on a quarterly basis. This shall include name, address, zip code, date of application, and status (hired/not hired) as of the date of the report. 14.11.3.2 Advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 14.11.3.3 Report to the City on a quarterly basis all contracts awarded by contractor and subcontractor. 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 Against Discrimination. 14.12.1 General Statement. Developer shall comply in the execution, performance or attempted performance of this Contract with all non-discrimination requirements of 24 CFR Part 92.350 and Chapter 17, Article II1, Division 4—Fair Housing of the City Code. Developer may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Developer permit its officers, members, agents, employees, vendors or project participants to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article 111, Division 3 - Employment Practices of the City Code, and Developer hereby covenants and agrees that Developer, its officers, members, agents, employees, vendors and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees, vendors or contractors. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Co►merstone-3229 Fitzhugh Page 31 14.12.2 No Discrimination in Employment during the Performance of this Contract. During the performance of this Contract Developer agrees to the following provision, and will require that its contractors, subcontractors and vendors also comply with such provision by including it in all contracts with its contractors, subcontractors or vendors: _[Contractor's, Subcontractor's or Vendor's Name]_ will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendors Name]—will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's Namel agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor's, Subcontractor's or Vendor's Name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or Vendor's Nctmel , state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's Name] that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. _[Contractor's, Subcontractor's or Vendor's Name]_ further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 32 14.12.3 Developer's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Developer warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Developer or any of its contractors. DEVELOPER WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS, SUBCONTRACTORS OR VENDORS AGAINST CITY ARISING OUT OF DEVELOPER'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE- REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.13. Prohibition Against Interest/Conflict of Interest. 14.13.1 Developer shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Developer shall disclose to City any such conflict of interest or potential conflict of interest immediately upon discovery of same. 14.13.2 No employees, agents, consultants, officers or elected officials or appointed officials of City or of Developer who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may occupy a HOME-assisted housing unit, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR Part 92.356. 14.13.3 Developer affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.4 If applicable, the conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and services by Developer. In all cases not governed by those sections, the provisions of 24 CFR Part 92.356 of the HOME Regulations shall apply. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 33 14.14 Labor Standards. 14.14.1 As applicable, Developer agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et 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 Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the United States Department of Labor at 29 CFR Part 5. Developer shall maintain documentation that demonstrates compliance with hour and wage requirements of this Contract and the HOME Regulations. Such documentation shall be made available promptly to City for review upon request. 14.14.2 Developer agrees that, except with respect to the rehabilitation or construction of residential property containing less than 12 units assisted with HOME funds, all contractors engaged under contract for construction, renovation or repair work financed in whole or in part with assistance provided under this Contract, shall comply with Federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under these regulations are imposed by state or local law, nothing hereunder is intended to relieve Developer of its obligation, if any, to require payment of the higher wage. Developer shall cause or require to be inserted in full provisions meeting the requirements of this paragraph in all such contracts subject to such regulations. 14.14.3 If Davis-Bacon is applicable, Developer shall provide City access to employee payrolls, contractor and subcontractor payrolls and other wage information for persons performing construction of the Required Improvements. Payrolls must be submitted to the HED Department with each Reimbursement Request, and must be available to HED Department staff upon request. In addition, Developer shall ensure that City will have access to employees, contractors and subcontractors and their respective employees in order to conduct onsite interviews with laborers and mechanics. Developer shall inform its contractors and subcontractors that City staff or representatives of Federal agencies may conduct periodic employee wage interview visits during construction of the project to ensure compliance. 14.15 Subcontracting 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 Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, 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 subcontracts for procurement $50,000.00 or larger, and will further require CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 34 all persons or entities with which it so contracts to comply with said ordinance. 14.15.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.16 Other Laws. The failure to list any Federal, state or City ordinance, law or regulation that is applicable to Developer does not excuse or relieve Developer from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Developer's failure to follow the law, if applicable. 14.17 Assignment. Developer shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.18 Right to Inspect Developer Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Developer, 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, and any vendor contracts arising out of the sale of the Required Improvements, prior to any charges being incurred. 14.19 Force Maieure. If Developer becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Developer's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event and the completion date for such obligations shall be extended for a like period. Developer will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of Developer's obligation regardless of the extent of any existing Force Majeure Event. Developer will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 14.20 Survival. Any provision of this Contract that pertains to HOME Requirements, auditing, monitoring, homebuyer income eligibility, record keeping and reports, City ordinances, the provisions of Section 6.6 pertaining to the Federal System Award Management, or any other HOME Program requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 35 years after the termination date and shall be enforceable by City against Developer. 15. INDEMNIFICATION AND RELEASE. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY, AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH DEVELOPER AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY DEVELOPER TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 36 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 AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY DEVELOPER. If Developer, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Developer hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This Section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 17. INSURANCE AND BONDING. Developer will maintain coverage in the form of insurance or bond in the amount of $130,234.00 to insure against loss from the fraud, theft or dishonesty of any of Developer's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of HOME Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Developer shall furnish to City, in a timely manner, but not later than 10 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 risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Developer shall maintain, or require its general contractor to maintain, the following coverages and limits thereof: Commercial General Liability (CGL) Insurance $1,000,000 each occurrence $2,000,000 aggregate limit CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 37 Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance 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 versus a personal auto insurance policy if or when in the course of Developer's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Developer or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Developer shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Developer shall revise such amounts within 30 days following notice to Developer of such requirements. Developer will submit to City documentation that it, and its general contractor, have obtained insurance coverage and have executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Developer's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 38 business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, Federal or other regulatory insurance or bonding requirements for the project, and such requirements exceed those specified herein, the former shall prevail. Developer shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Developer shall require its contractors to provide Developer with certificate(s) of insurance documenting such coverage. Also, Developer shall require its contractors to have City and Developer endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Professional Liability coverage shall be in force and may be provided on a claims made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their management duties. Developer shall require its builder or general contractor to maintain builders risk insurance at the value of the construction. 18. CERTIFICATION REGARDING LOBBYING. Developer hereby certifies, to the best of its knowledge and belief, that: No Federal appropriated finds have been paid or will be paid, by or on behalf of Developer, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Developer shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 39 This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Developer shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. 19. 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 furnish immediately to City copies of all pertinent papers received by Developer with respect to such action or claim. Developer shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. NOTICE. All notices required or permitted by this Contract must be in writing and shall be effective upon receipt when (i) sent by U.S. Mail with proper postage, certified mail return receipt requested or by a nationally recognized overnight delivery service; and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City. City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Vicki S. Ganske Telephone: 817-392-7765 Copy to: Housing and Economic Development Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Developer: Cornerstone Assistance Network Housing Development Corporation 3500 Noble Avenue Fort Worth, TX 76111 Attn: Mike Doyle, Chief Executive Officer Telephone: 817-632-6000 CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 40 21. DEVELOPER HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Developer represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. [SIGNATURES APPEAR ON NEXT PAGE] CHDO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh Page 41 IN WITNESS WHEREOF, the Parties have executed 4 duplicate originals of this Contract to be effective on the last date indicated below the Parties' signatures. ATTEST:. CITYY OF FORT WORTH By: / �iYJ •s�i Lash.. Ci VdOA3 Fernando Costa, Assistant City Manager M&C Dated 12/17/2013 M&C C-24710 Dated 1/25/2011 Date: 9 17 /4 A .PROVED AS TO FORM AND LEGALITY: Wtcki Ganske, Soifor Assistant City Attorney CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT ® '' CORPORATION, a Texas non-profit 000° corporation l�q By: �g 4 Mike Doyle, hief Executive Officer 0 "00000 a u 0 u o Date: STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o / 2014 by Fernando Costa, Assistant City Manager of the City o Fort Worth, on behalf the City of Fort Worth. ""• EVONIA DANIELS a A,-W� Z�,"� — P0.- p4e`i;'? Notary Public,State Of Texas Notary Public, State of Texas My Commission Expires %;TFOfo July 10, 2017 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2014 by Mike Doyle, Chief Executive Officer of Cornerston4 Assistance Network Housing Development Corporation, a Texas nonprofit cor oration, o ehalf o h corporation. DENICE J. CRAWFORD ?_:' �"= Notary Public,Stote of Texas Notary Public, tate of exas U My Commission Expires '• ,o� ;:,s October 29, 2017 FOFFICIAL ECORD CH DO SINGLE FAMILY CONTRACT Rev 8-20-14 Cornerstone-3229 Fitzhugh RETARY Page 42 FT.WORTH,TX EXHIBIT "A-1" FINAL ELEVATIONS,PLANS AND SPECIFICATIONS CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. CHDO Single Family Contract—Exhibit"A"Thru"A-2" Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 Iz �s 12 12 6� ROOF AS SELECTED �a 8 PL PL BRICK Bft ICK FLOOR RIGHT ELEVATION v1e•=ra a 6� 12 Ec EGRESS WINDOWS �6 MYrWUNNEi 0.EAA OPEtNBLEAAEA ROOF AS SELECTED OFSTSWAAEFEET. WeFNIIU.tp3i�pBtCHE�S-S UBLE VxpIN MTUVUM NET 0.EAR OPElUBLEHEKilii 6'P PL ONEl1al0}l CFUR.CHES. — _ FIR6N 6ELNEIGM NOi UORE iWVI dl'. LINTEL SIZES B R I C K B R I C K QrolrrlTrl:l,l•uul M �e d'TT 1/+'M/•15'uw FLOG —Al OOR ❑C SaB1 M! Vl•MV' LEFT ELEVATION UlAESSIbTEOALLLPDELSAPE tVPE'A` ulbal•b• ELEVATION NOTES: ROOF AS 6ELECTED curtERfiafDOO.AT-ALSARElbTSIIOMIFCR ClARIrr.QQ.ulsPOUnsxAU eE LOCwiEOiaxaROs KPL � TREFRIXRR!lDREAROF IREHW6E.LOCATE WM1VOUTS fNNIXlY15UALLYOFF41 EELOGT H TIXi EYANPLE,Flttlitt'GLL OFHOUSE BESmE PDRp! CttUWlS ETC.GENEFAL CCNTFAOTCR 6HALL VER6Y E%IaiWG GRPCES NIDCCORQTLATEAIIYNFCESSARY AwustuErLrs To NdJSE tY1TH avxlDL SIDING © SIpN'G 2 PtUN6NGAtb HVAO VElITS—BEGRWPEOIl1 ®B ATTIC TOLINIi ROOFPEPIETRATKMI6 AIA TOBEtd.ATED AYtAY FliPN PUpK:VE1Y,tE AT iNE REAR CFT!!E F� NR HWSEPNDSNALL BE PflMEO ANOPAPI1ED i0 UATCN ROOF COLOR REAR ELEVATION nT EPa0lwEUEAr,Tr-s VEPTbPR0G YI6•=1'-0' d.EA1EAbft FLASN:^b SNAtt eE�RRECiLY Bf6TALLfDAT ALL cCYlNECibN3 BER4EEl1 ROOFS WALLS CHIMNfY6.PROPECTlON6 A11D FOh"TMTpN6 ps REOVIPFD BY APpgplED�1STRUCRC!! S GONTMCTCR RHALL FRCYiDEArECUAtEATTG VENTItA1 lIX15/ROOFVEIRSPER LOCAL WYERIIRlG CbC£PPOY,OEApPAOPRNTE SCFFlI VEf1TAAig11 AT 12 12 12 6 6 ROOF AS SELECTED 6 FRONT ELEVATION 114•=1-L• AREA TABULAOON ROMEO4NtER P 0000-04 0 N/c acEF PROJECT AOORESS j O b Porch a/ca PORCHSF ,tnnlu_ct SHOOO polio M PAIWBF IATT.TND.IIIIx'K gaYOgP a/ WMGESF .CUaDMSiUN total a iOTAt-Sf CT'.V:O 5lATF. s) FLOOR PLAN GENERAL NOTES: 5 PREFAeRKwTEDRPSN_A CavSTRUCTw11H SLSEO IO ALLG 10CATED.T.11lroF aowL Ir OFA Is.n l.-HMODTOGUUCEM.—.S-U_ SHLLL xEETORFFCE£DALLPPPIICABLECOOESREGAADNG —OR 10CA1EDNt141—OFROCRAT HAVE A UYERO,IlPE'%•GYP T 1.ALL STRUGNRAL ItFORUAHON SHONIFpt USEOFMESfPPRATKk15,ClPARNlCES EtC Lib OATHTUBS._.LPOCl65xW ,,SAUNAS.STEAM RMAGE32E REFfiEICEPURPO5E30tRY.CIXlLMCTOR9ULL MEWMRACTWSRESPdiYDR.Itt TOElSUPE 1NAT ROOMSORHOTTUSSSHALLBETELLFFFED 13 ALL—PIA—SE-1.0—DR, FiAVELA?7lSEDSTRUCHIRAL...EERREY ARD NLITEM-1-1RUCTIOUMEELORE%OEEO HALLE%4gSFOPl9 D0DSHLLLxAVEA E N6DEM-0WiSAE PROICEHCRQOMIl'GRAFF DESIGN ALL ELEM IASAIt wOEOYER EGHTALL0ECOTED RATWO CFLESS IHRH 25A11DA5N014: STOP D tEYEL OY PALi0NG6•tR18) FRAMNGYM IRAMS,ONEORR IAS. .RMS., NIPLAKAfASHALL HOt -IOTI MOFtE59iNlI MSAT..SET-ED 1% lOTSro3 % D DIETCP QWIEUSE3 ICtST3. 2ALLgMEAW13AP£FROM(:ENTERCF STVDTOCEIIER COIISTAIICtEG AAO,PD -O"OVEMi5,N1TOVES 1l Ntp H.ALLYItERtO ll", SHALL OE COIEAEDVAM VY CF SILLIAROTO ONS,DEOF SLAD UIttE55 ROTEDOTHETN. S VRMCTOR SHLLL GOOid]NUTE AL.-1 BAIX DAMPER FW RAE'UCES.NOODSTOVES NlD GYPSUMDTAROSATID,( A M--REtl60RCMG. 9iaYkXi RE ISITS NIYPPRWICENTfNPNOPElFLAME TAPEROAT HIGSD(2COAT5)USE59•E.SERS ].YNiOW/5¢fStlIOKATEDIXi PWi3PAE1 OPIAR I1 D11HROOM3 NfDUMRT ROOM33NI1t 0E VERIED ��OW�IN.ILIS IISUPPIXtiPW UELL0ER5AFE ADPROX;AUTERIXff+HOPEN11165�,REFER LOFlANS 1,D0 NOTSGIEIXUNL4G3 FOLLOW DYEHSkkt901&T. TOTHEOUTSOEWHAV➢LUMOFASOCFMFAN. 21'OG WGREATER.USE 14`OYPSUM BQiPOCRi NID.I.—ELEVATKKIS FORYNI—ITYPE3 SC711IFAOTCRSTIALLRELDYEi�FYALLGBWEi gANGEfi00W SHALLALSOBEVEMED TO WTS®E OEflING kEMSEA3LE5ST10N 2d•OC A-OOORDiUTELC HOROFUL0.ITY UEIERSNITH NVEl4OH3 BETORE FARRKATKKI. tl IS ALLOATHNIDTO%ETAREA-U.S.10.1tGS SREPWlARDLOCATEAY(AY FOitM PUSLCVEW 3EEUTODMV.YiOb.•JS SHALLHAVEAVIIW.UMI.T ATTK:HIACUIIITS SHALLRIAR.TEOANiN;120 CF 9ULL AUVEAWTPR PESISTNit GYPGU4 BOAFA NNIJ.IMMPACTSHA LLBEM.T[.UQED.IEMOINRA61Olf IISSERIICEOF£N'd.G RflUFEETOPA EHD CPERMILER OP SOFT.,AM31NUM tiEi ClEAfi IIOTBE LOCAtE0N1tHYl IOFEEi OFAQAS FlRED ASF055!SLE OFEDSLEtMDTHR 2V.AMRSMUNIIE QEAR IPPWf.CE OPEID.BLE f£GM OF2<'FIImDAVEA UA%IMUMRIiA511 SM1LNEGxt OFU'fROM FP25N aODR 48•_y^ —.._ _ 8'_6- 4-5' 13-11' 9'-0 3/4' 12'-11- © T__ ® I, Master Bedroom s L �e 7 I a 1 ~TEMPERE -- --- ------' O b Patio -----— Dinin , , Bedroom 3 Garage �O CFxwG _�i 'I' 6'-7" ' LAY In PuRRrI ' I 1 I rr� I I ato u Kitchen --- r Bath 12'-10" 3 4 c3 E 9L _ caul D - - I _ i Family Rm. b NIL f I Bedroom 2 �I II 1 ?I o-__ Porch � o ,tltl I 1 i I'f 16%6 Vt0 COL. 6XB WD COL. 6X6 ND COL. 1;_x6 WD CD,. ^ 20-7 1/8" -_. ! 5 4' 5'-4- Y5-4' �. 12 2 KEY TO ELECTRICAL SYMBOLS FLOOR PLAN GENERAL PLUMBING NOTES: (O� FECES3EO1GHTfuNPE O' RLLES.SFDWRIX WtLET @BOOR SCALE:1fA=1.0• (9 RECE55EOLGHTFTMS, YE84 TRIM O ALIGHTRXTUREAS—f—,,CELYIG MIT, I.PLUMBING SNAIL MEETALL LOCALCODES. I1MwP1E%WRET IISAT-TUREASSPEC ,,PE:I1Wr MIR 2,IFWATER NEATER IS LOCATEDANYYMERE,EXCEPT 120,FWRPLE%IWAW wrtET GARAGE,PROVIDE METAL DRAM PAHNTTH iAMRP0. b —1—DAEASPGQ—.1R AUXILLAY DRAIN TO XTERKR. p AREA TABULANON HOMEOATIER XX-XX O FNIAIGHT Q SfE DETECTOR S.ALL GAS WATER HEATERS SHALL BE VENTED AT ® —IOE F—E TOPWT MID PLACED ON PLATFORM 01 S'A..F, ¢ PRU.IECT ADDRESS j a G EXIUUSi FN! CO t—LHS XX-XX STRa1..UNLE 13-T d.PROVIDE tANN WATER CUT-0fF. P.R.p PATIDSF LOT ANO_BIL`t'K 45fATHERPROOF WRE WILET --, 9pl098 rpi GAAAGESF SUBDR'151oY GRWND FAtAitIRE.11-1.0UTtET SOF}YTMWNTEDLAYP HDICER S.PROVIDE BLOCKING IFVlAII PlATE30R,tOlST3 L ARE CUT INTO. tOlci a TOTAL-SC CDV'-YD_STATT. DOOR SCHEDULE DESCRIPTOH ENTRY AS SELECTED EXTERIOR INSUL.a PANEL 6PANEL .PANEL 6PANELPAIR 13PA14ELPMR 4SECTION BI-FOLD OVERHEAD 9 ECTIONAL GARAGE DR. qrEo ®® ®® mo ®m mm ® ® ❑El El 0�0El 00 �0 0000 00 0000000❑FIN.FLT R �N 00 00 Hogg OOOC�0000 SYMBOL O O O O ® O O O O SIZE MaTEfl1AL ' • ' ' ' ' ' ' 19r.e4• M MT6AUx ETAL MASONITE MSONTE M4R IAASONITE MA9ONITE Oft WOOD METAL THICKNESS i-14' f-14• 1.14' 1-16' 1 1.16' 1.16' i-18' i-18' STANDARD NOTES 2•x4'.e6' 2-19•.80' AS SELECTED WINDOW SCHEDULE DESCRIPTION DNIDEDLITE ...EDLITE CLEAR GU. CIEAflCLASS OBSCURE GLASS CONSTRUCTION AND TEMPERED AS IIOTED FRAMING NOTES: F1 GIIIOtMMEASiIX1OA9 iFA 5p F1'. sT 0.pCR paWll*3mVm nREAS{ niritc(sTaowafl�q n e OVtMiy oneEVeml »�SIOU isis� ulm CEmIF) fi to uKREl4v O Sl1A6M1bTta�0.FFtBTRY:IOISREOiFi DO, _ H41C-NStmXL0.4a�W108£ TILIWLCOOESE FIN.FLOOR }t LT ZL�aiFYFiLV.vERxWTVisI buLD E--LOMa° pp y N b W sMSPL"-aa4IX15xa�t� SYMBOL A R CpREnOanEi.USE V6o.'M1EwIaIE lFnnat.crsTSUm O O O OD OE N F541 Ail FiOMOFBaIm;OWiE NA9tsw4JiA NL vMl1LEiPMmwt540usLC=L1,11rW V[ILn'moD.GLVFD SRE J6'.]2' 48'.22• Jfi'.60' JB'x 42' 48'.02' uN,. NyaTaJyFgt�µi�s unsulxLSGOISIExx1x TYPE SINGLE HUtlG 9111GLE NUIJG SItIGLE HUNG SINGLE HUNG FIXED Opa cq.sT0.wTw1 v4•TOImu-cumsvwvESUeliOpR Wnl MATEPIAI NNYI VIHYI ViHYt VIlIYL VINYL wTEmLl4YEa. NOTES EGREES YANOOW EGREES YANDOY! EGREE9 NANOOW TEMPERED as Ax''IEl�x nsTss Fme+s N�oa 3sK�iMIX tiP£DS�NO VIriHCKR�igA5�4A IcteCalEo �ao�wa•���IUYefflwm sraESS i�zemn� su�u�ssL�.aiT�lmsoenneu r<was�aRneauiA�L®-asTs B R F E f' i[ss Fml®alMeM1w:E (F c L swLCaffawwnl nsnu�FSUxwrlatn.x AT KRm,inaxoEn ttiureLKGE4TDTHETaP AWeIUi DiMn.ECNq hYiFAS�® sisASi�wuo''mBrttcairSemHlmcw�,w+LESSanRJAUSermT® �irvic c«rtlwciArns74mrn,osio Ac 4LGr vvxc iLwa Taus uvcur To e= 1 Hawelw ls6�PssES.MAtlWU>nuvm i>_M®IBFMSm Ivlluu biscwiTa s s'NmDe°aw.u6mcEs 2 8 E B 1 -- p l VAIN.LT BvILOCK44cES Nm GEttaGxxICGORiLRLs 8:12 a iKV r REtlsREOTOTl�5ER/la P L TOtI;NNFWitwAM 3M AaDEA�/1L�vER�H1 fA1I iMl�a PBaaEEE6 @uNi4 CIXISTaUGit W L CO1SUt T Ya1N LOLL slmx:I VNt B4'aEinS Nm cttE _ It13MEC0!.WkFENnxC AE�sMOSfR TUCM1W�t4RE4PHY.Tp O ROOF PER SPEC. x8 S 1 a 2',G'RAFTERS PC L @24.00. —SHEATHING r.6•JOISTS Q ROOF PER SPEC. t JOIST SHEET ROCK ® O.C. 2•14'@ 24.O.C. --_ -- I SHEATHING 1•n6•FPIEZE \ IS 116•F.C. 2'x6•RAFTERS @24.0.c. CORNICE/WALL DETAIL NOTE: SHEET ROCK I MAIN ROOF PITCH TO BE 0:12 UNLESS NOTED. 2N ®24'O.C. 2.-MAIN PLATE LINE TO BE V-0'UNLESS NOTED ON ELEVATIONS. 1'.6'FRIEZE\ ROOF FRAMING PLAN 1•xWFACIA DETAIL @VAULTED CEILINGS ALL STRUCTURAL INFORMATION SHOWN FOR REFERENCE PURPOSES OIILY. GOIITRACTOR SHALL HAVE LICEIISEO STRUCTURAL EHGINEER REVIEW Al1G DES 1 ALL STRUCTURAL ELEMENTS SUCH AS ALL FRAMING WAIIS,REAMS, WALL FRAMING TO S E 2.4 STUDS 18'OC. CONNECMHS.HEADERS.JOISTS AHD RAFTERS. UNLESS NOTED OTNEAM + + AREA TABULATION 1 HOMEOKMER p XX-XX 4 0/O nA:SF PROJECT-cs ADDRESS 14 0 porch o F ",I XX-XX palip a PAATIOSF IM AND nN- 9-9.o GARAGE-9F 111,TZtON WWI a TO— CT'.V:�SFAjT'F.*g1 3 I •i � as EXHIBIT "A-2" ENVIRONMENTAL MITIGATION ACTION CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. Not Applicable CHDO Single Family Contract—Exhibit"A"Thru"A-2" Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "B" BUDGET CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE Total Cost: $142,545 Project HOME Funds Awarded: $130,234 HOME Funds will be paid only as reimbursement for eligible expenses. Development Budget Use of Funds Source of Funds Predevelopment Cost HOME$ OTHER$ SOURCE OF OTHER TOTAL$ FUNDS FUNDS FUNDS FUNDS (1) (2) (Names) (1+2) 1.Market Study 800 800 2.Feasibility(i.e.:preliminary work write-up, - 3.Other - Total Predevelopment Cost(1+2=3) 800 800 Development Cost - 4.Land and/or building acquisition 6,000 6,000 5. Site Preparation 14,850 14,850 6.Construction Cost 103,457 9,000 Volunteers 112,457 7.Fence 2,311 Volunteers 2,311 8.Landscape 1,000 Volunteers 1,000 9.Contingency - 10.Appraisal 100 100 11.Architect&Engineering Fees 677 677 12.Construction Management Fee - 13.Construction Loan Interest - 14.Property Survey 300 300 15. Legal Fees - 16.Real Estate Fees 250 250 17. Utility Hookup/Impact Fees - 18.Title&Recording Fees 3,800 3,800 19. Program Related Expenses - 20. Construction Management - 21.Bond Fees - Total Development Cost(Total of items 4-21) 129,434 12,311 141,745 Total Project Cost 130,234 12,311 142,545 CHDO Single Family Contract—Exhibit"B"—Budget Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "C" CONSTRUCTION AND REIMBURSEMENT SCHEDULE CORNERSTONE ASSISTANCE NETWORK DEVELOPMENT CORP. 3229 FITZHUGH AVE. Phase Activity Beginning Week—subject to weather permitting PHASE I ACTIVITIES: Lot Acquisition Lot Preparation(Demolition) Plumbing Foundation PHASE I DEADLINE: October 31,2014 1st Payment* $32,304* PHASE II ACTIVIITES: Framing Roofing Insulation Siding Top-out Plumbing, Electrical, HVAC PHASE II DEADLINE: 2°`t Payment* $44,027* December 31,2014 PHASE III ACTIVIITES: Sheetrock, Tape/Bed/Texture/Trim-oLit Paint Cabinets, Countertops HVAC, Plumbing, Electrical, Finish- Out PHASE III DEADLINE: 3r`I Payment* $45,218* February 28,2015 PHASE IV ACTIVIITES: Landscape, Paving Flooring Appliances, Interior trim-out/finish PHASE IV DEADLINE: Construction Final Payment** $8,685* April 30,2015 CONSTRUCTION TOTAL $130,234 DEVELOPER FEE Paid after closing of sale to HOME 10% of total eligible development Eligible Buyer per Section 7.8* costs not to exceed$13,023* *Developer will be reimbursed for eligible expenses only. All amounts are estimates and are subject to change. **Exhibit"G"-HOME 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—Exhibit"C"—Construction And Reimbursement Schedule Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "D" AUDIT REQUIREMENTS CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. Not Applicable CHDO Single Family Contract—Exhibit"D"—Audit Requirements Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "E" LOAN DOCUMENTS CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP 3229 FITZHUGH AV CHDO Single Family Contract—Exhibit E—Loan Documents Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Deed of Trust Security Agreement - Financing Statement HOME CHDO Funds Terms Date: June 30, 2014 Grantor: Cornerstone Assistance Netvtork Housing Development Corporation, a Texas nonprofit corporation Grantor's Mailing Address: 3500 Noble Ave., Fort Wo, ,;,.Tarrant County;TX 76111 Trustee: Vicki S.Ganske or Leann D. Guzman: Trustee's Mailing Address: City Attorney's.Office City of Fort Worth 1.006 Throckmorton St. Fort"Worth T)(36 102"" Tarrant County Lender: City of Fort Worth, a Texas municipal corporation Lender's Mailing Address.," City of Fort Worth Housing and Economic Development Department Attention: Assistant Director 1000 Throckmorton Street Fort Worth, Texas 76102 Tarrant County Loan Authority: The loan evidenced by the Note (the "Loan") and secured by this Deed of Trust Security Agreement — Financing Statement ("Deed of Trust") is being made pursuant to the HOME Investment Partnerships Program authorized under Title I1 Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 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. Obligations Note Date: June 30, 2014 Original Principal Amount: $130,234.00 Borrower: Cornerstone Assistance Network Housing Development Corporation Lender: City of Fort Worth Terms of Payment: As provideddri the N, e Maturity Date: June 29, 20 &. In addition, Obligations shall iclide compliance` b Grantor with the requirements of the HOME Progrzi paore particularly described in Section F. below. Property(including any improvements). Lot 13, Block 5, Englewood HI fghts.-Addition,,4n.Addition to the City of Fort Worth, Tarrant County, Texds,:according ,to the Plat,recorded in Volume 310, Page 67, Plat Records,Warrant County, Tees, commonly known as 3229<Fitzhugh Ave., Fort North, TX 76105. Together with the;following personal property: All ffitiires, suppltes,,;buil, ng materials, and other goods of every nature w or h6reafter locatods„used, or intended to be located or used on the Property; All plans and specifications for development of or construction of improvements qn the Property; All contracts and subcontracts relating to the construction of impt ments:,Ob the Property; ill accounts, contract rights, instruments, documents, general intangibless,and chattel paper arising from or by virtue of any transactions relating to the Property; All permits, licenses, franchises, certificates, and other rights and privileges obtained in connection with the Property; All proceeds payable or to be payable under each policy of insurance relating to the Property; and All products and proceeds of the foregoing. Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 Notwithstanding any other provision in this Deed of Trust, the term "Property" does not include personal effects used primarily for personal, family, or household purposes. In addition to creating a deed-of-trust lien on the Property described, Grantor also grants to Lender a security interest in all of the above-described personal property pursuant to and to the extent permitted by the Texas Uniform Commercial Code. Prior Liens: None Other Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing ,�re'66fd;,ed instruments other than conveyances of the surface fee estate that affect the",Property; liens described in this Deed of Trust; and, taxes for the�.eurrent year. For value received and to secure performance of the Obligations,Grantor conveys the Property to Trustee in trust. Grantor warrants and,, fees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty. On performance of the Obligations including payment ofthe Loan if required by the Contract and all other amounts secured by this Deed of'�`rust 4 d _performa ce of the requirements of the HOME Program, this Deed of Trust will have na.Turther effect, and Lender will release it at Grantor's expense Clauses aril Covenants A. Gr4u*6r s,Qbligations'" " Grantor agrees"to-, 1. deep the Property in good condition and repair; 2. pay"alt„taxes and assessments on the Property before delinquency, and not authorize a taxing entity to transfer its tax lien on the Property to anyone other than Lender; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. obey all laws, ordinances, and restrictive covenants applicable to the Property; 5. maintain all insurance coverages with respect to the Property, revenues generated by the Property, and operations on the Property that Lender reasonably requires Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 ("Required Insurance Coverages"), issued by insurers and written on policy forms acceptable to Lender, and deliver evidence of the Required Insurance Coverages in a form acceptable to Lender at least 10 days before the expiration of the Required Insurance Coverages. 6. keep any buildings occupied as required by the Required Insurance Coverages; 7. obey all laws, ordinances, and restrictive covenants applicable to the Property; 8. if the lien of this Deed of Trust is not a,,fi st'lien, pay or cause to be paid all prior lien notes pursuant to their respective terms abide by or cause to be abided by all prior lien instruments; and 9. notify Lender in writing of any,change of address;-,,, Grantor agrees not to- t. do or permit anythine-Ao be done that will"impair the security of this Deed of Trust. B. Lender's Rights 1. Lender or Lender's mortgage,,;e ci er may;appomt in writing a substitute trustee, succeeding to all,rights and respons1i, it,ies of Trustee. 2., lithe;proceeds ofthe L oan„are used to pay any debt secured by prior liens, Lender}s subrogated to.all thc;rights and liens,of the holders of any debt so paid. 3 Notwithstanding the,': erms of the Note to the contrary, and unless applicable law;nrohibits, all 0nymenis',,xeceived by Lender from Grantor with respect to the Obligation s;"or this Dee4',,4f Trust may, at Lender's discretion, be applied first to amounts payable udder this Deed of Trust and then to amounts due and payable to Lender with respect to the Obligations;to be applied to late charges, principal, or interest in the order Lender in its disc t tjors determines. 4. If Grantor fails to perform any of Grantor's Obligations under this Deed of Trust, subject to prior written notice and cure period, Lender may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid, including reasonable attorney's fees, plus interest on those amounts from the dates of payment at the rate stated in the Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of Trust. Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 5. If there is a default on the Obligations or if Grantor fails to perform any of Grantor's Obligations under this Deed of Trust and the default continues after any required notice of the default and the time allowed to cure, Lender may- a. declare any unpaid principal balance and earned interest on the Obligations immediately due; b. exercise Lender's rights with respect to rent under the Texas Property Code as then in effect; c. direct Trustee to foreclose this lien, in,,,Whieh case Lender or Lender's agent will cause notice of the foreclosure�,sale to be given as provided by the Texas Property Code as then in effect;"A`nd d. purchase the Property at any;fofeclosure sale b.j' offering the highest bid and then have the bid credited o'n the Obligations.` Notwithstanding anything to the contrary,,if a monetary event of default occurs under the terms of any of the Loan documents, priorto exercising any remedies Lender shall give Grantor written notice of such,default. Grantor shall have a period of 10 days after such notice is given within which to cure the,default prioi to,.exercise of remedies by Lender under the Loan documents. Notwithstanding anything to the contrary, if a non-monetary event of default occurs',urider,the terms'of any ofthe'Loan documents, prior to exercising any remedies, Lender shall give Grantor written"notice of:such default. If the default is reasonably capable of being cured,within 30 days, Grantor shall have such period to effect a cure prior to exercise of remedies by,Lender under the Loan documents. If the default is such that it is n t reasonably eapable';of being cured within 30 days, and if Grantor (a) initiates,coirrectiv action within,.,said period; and '(b) diligently, continually, and in good faith works to effect a cure as soon as possible, then Grantor shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by Lender. In no eventshali. Lender be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within 180 days after the.first notice of default is given. Notices given to Grantor shall be in writing and delivered to the address listed above, or to such other address as Grantor designates by written notice to Lender. Each such notice or other communication shall be effective on the date of receipt when sent by U. S. Mail, postage prepaid, by certified mail, return receipt requested or by a nationally recognized overnight delivery service. 6. Lender may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Rights and Duties Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 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 Warranty and without representation or warranty, express or implied, by Trustee; 3. from the proceeds of the sale, pay, in this order- :;, a. expenses of foreclosure", a,,'reasonable commission to Trustee; b. to Lender, the full 'amount of,.,principal, interest, reasonable attorney's fees, and other charges due and unpaid', C. any amounts,' mounts regied by law to tie paid before payment to Grantor; d. to Grantor, any`balance, add, 4. be tridemntfied; 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 thtsb''ved o Trust, which includes all court and other costs, including reasonable;; ttoiy's fees, incizrred�by Trustee,m defense of any action or proceeding taken against Trustee,ln.that capacity. D. General Provisions , 1. If-,any of the-Property is sold under this Deed of Trust, Grantor must immediately surr&Wer possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufierance;of the purchaser, subject to an action for forcible detainer. 2. Recitals in'any trustee's deed conveying the Property will be presumed to be true, absent evidence to the contrary. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of the Obligations is extended or part of the Property is released, unless a subordination agreement is executed by the Lender. Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 5. If any portion of the Obligations cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. 6. Grantor assigns to Lender all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including reasonable attorney's fees and court and other costs, Lender will either release any remaining amounts to Grantor or apply such amounts to reduce the Obligations and any excess proceeds shall be paid to Grantor. Lender will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediateN ive Lender notice of any actual or known threatened proceedings for condemnatiori'6fali o,f part of the Property. Notwithstanding the above, in the event of any fire or other casualty to the Property or eminent domain proceedings resulting in: condemnation of the -Property or any part thereof, Grantor shall have the right to rebuild the Property, and to,,use all available insurance or condemnation proceeds therefore, proijoed the(a) such proceeds are sufficient to keep the Obligations in balance "and rebuild tho Property in a manner that provides adequate security to Lender for repayment or performmnee of the Obligations or if such proceeds are insufficient then Grantor:shall:have funded ' deficiency, (b) subject to the rights of senior lien holders, Lender sE atl,have the;right to'approve plans and specifications for any major rebuilding':and the right to approve. disbursements of insurance or condemnation proceeds for rebuilding under;a construction escrow or similar arrangement, and (c) no material default then`eX sts under the Loan documents other than attributable to casualty or condemnation ",'If the:casualty or condemnation affects only part of the Property and total rebuilding is infeasible,�then "proceeds;may be used for partial rebuilding and partial repayment�of the Obligations in a inapner"t[at provides adequate security to Lender for repayment of the rerr aining'batance of the,Obligations, and any excess proceeds shall be paid ta:Grantor. 7. Grantor assigns'to Lender absolutely, not only as collateral, all present and future rent and other income.and receipts from the Property. Grantor may as Lender's licensee collect rent and other income and receipts as long as Grantor is not in default with respect to the Obligation or this Deed of Trust. Subject to the terms of the Loan documents, Grantor will apply all rent and other income and receipts to payment of the Obligations and performance of this Deed of Trust, but if the rent and other income and receipts exceed the amount due with respect to the Obligations and the Deed of Trust, Grantor may retain the excess. If Grantor defaults in payment or performance of the Obligations or performance of this Deed of Trust, subject to the rights of senior lien holders, Lender may terminate Grantor's license to collect rent and other income and then as Grantor's agent may rent the ,Property and collect all rent and other income and receipts. Lender neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the Property. Lender may exercise Lender's rights and Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 remedies under this paragraph without taking possession of the Property. Lender will apply all rent and other income and receipts collected under this paragraph as required by the Texas Property Code then in effect. Lender is not required to act under this paragraph, and acting under this paragraph does not waive any of Lender's other rights or remedies. 8. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of non-usurious interest that may be contracted for, taken, reserved, 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, and;:excess interest will be canceled automatically as of the acceleration or prepayment 0r, if already paid, credited on the principal of the debt or, if the principal of the, debi'li4s been paid, refunded. This provision overrides any conflicting provisions "'in this aid all other instruments concerning the debt. 9. In no event may this Deed ATrust secure,payment 0f.any debt that may not lawfully be secured by a lien on real estate;,ar create<a lien other e,,prohibited by law. 10. When the context rubes;, singular nouns and pronouns include the plural. 11. The tom Note-includes all extensions, modifications, and renewals of the Note and all amounts secured by,this Deed o�Trust. 12,; Grantor agrees�.to (ay keep at Grantor's address, or such other place as Lender; ' approve, accounts,and records;reflecting the operation of the Property and copies 0f411 written cou,#racts,'leasps, and other instruments that affect the Property; (b) prepare ini ricial accounting records-in compliance with generally accepted accounting principles consistently applied. and, '(o) at Lender's request on reasonable notice from time to time '"penit Lender'to examine and make copies of such books, records, contracts, leases, arid,other instruments at any reasonable time. 13. Grantor agrees'to deliver to Lender, at Lender's request from time to time, internally prepared financial statements of Grantor and any guarantor of the Note prepared in accordance with generally accepted accounting principles consistently applied, in detail reasonably satisfactory to Lender and certified to be materially true and correct by the chief financial officer of Grantor or its certified public accountant, as applicable. 14. If Lender orders an appraisal of the Property while a default exists or to comply with legal requirements affecting Lender, Grantor, at Lender's request, agrees to reimburse Lender for the reasonable cost of any such appraisal. If Grantor fails to Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 reimburse Lender for any such appraisal within 20 days of Lender's written request, that failure is a default under this Deed of Trust. 15. Grantor agrees to allow Lender or Lender's agents to enter the Property during regular business hours upon at least 48 hours prior notice and inspect it and any personal property in which Lender is granted a security interest by this Deed of Trust. 16. Grantor may not sell, transfer, or otherwise dispose of any Property, whether voluntarily or by operation of law, except for condemnation or to obtain utility easements, without the prior written consent of Lender,,,;if granted, consent may be conditioned upon (a) the grantee's integrity, reputation; character, creditworthiness, and management ability being satisfactory to Lender; and",(b)';the grantee's executing, before such sale, transfer, or other disposition, a written "assttr6pfion agreement containing any terms Lender may reasonably require, such as;a principal pay,_down on the Obligations, an increase in the rate of interest payable witki respect to the Obligations, a transfer fee, or any other modification of the Note, this;Deed of Trust, or any other instruments evidencing or securing the Obligations. Grantor may not cause of permit any Property'to be encumbered by any liens, security interests, or encumbrance""s :otfi,e an the liens securing the Obligation and the liens securing ad valorem taxes not, et duesand payable and the Permitted Exceptions without the prior written consent of lender. If granted, consent may be conditioned upon Grantor's executing,,,,bef6r6, :granting ;such lieu .written' modification agreement containing any terms `Lender-'may regiLi e, Bach as` a principal pay down on the Obligations, an increase in the rate of interest payable with respect to the Obligations, an approval fee, or any other,modification of�1he Note, this Deed of Trust, or any other instruments,evidencing or securing the;Obligatibns. Grantor may not, grant`any lien, security interest, or other encumbrance (a "Subordinate Instrumentl'eovering the Property that is subordinate to the liens created by this Deed,of,Trust without the pri6t,'Written consent of Lender If granted consent fore loans and documents may be conditioned upon the Subordinate Instrument's coritdining express covenants to the effect that- a. the Subordinate Instrument is unconditionally subordinate to this Deed of Trust; b. if any action is instituted to foreclose or otherwise enforce the Subordinate Instrument, no action may be taken that would terminate any occupancy or tenancy without the prior written consent of Lender, and that consent, if granted, may be conditioned in any manner Lender determines; Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 C. rents, if collected by or for the holder of the Subordinate Instrument, will be applied first to the payment of the Obligations then due and to expenses incurred in the ownership, operation, and maintenance of the Property in any order Lender may determine, before being applied to any indebtedness secured by the Subordinate Instrument; d. written notice of default under the Subordinate Instrument and written notice of the commencement of any action to foreclose or otherwise enforce the Subordinate Instrument must be given to Lender concurrently with or immediately after the occurrence of any such default or commencement; and e. in the event of the bankruptcy of> tantor,,,all amounts due on or with respect to the Obligations and this.Deed of t,ust will be payable in full before any payments on the indebtedness se'�d by the Subordinate Instrument. Grantor may not cause or permit any ofth ,folJovang events to�o�cur without the prior written consent of Lender itGrantor is ( ebrporation, the dissolution of the corporation or the sale, pledge, encrrrbr#nce, or assignment of any shares of its stock; (b) a limited liability company, the ixssoliY-, . of the ;e9mpany or the sale, pledge, encumbrance, or assignment of any of its membership interests, other than an assignment to a senior lien holder-or to;the Invd' or Memtie a general partnership or joint venture, the dissoluticiii of the�p� tnershtp ox,venture or tlr ;sale, pledge, encumbrance, or assignment of any of its partnership or joint venture interests, or the withdrawal from or admission into it of an general partner on_t venturer; or (d) a limited partnership, (1) the dissolution of the partnership; (2}thesale, pledge, encumbrance, or assignment of any of its general partnership interests, or thetthdrawal from or admission into it of any general partner, of (3)'except for°a limited partnership interest in a low income housing project, the„withdrawal from or actin ssion into it of any controlling limited partner or partners. If-granted, consent,maytib' :conditioned upon (a) the integrity, reputation, character, cieditwgrthiness, and management ability of the person succeeding to the ownership interest;in,Grantor 6t- security interest in such ownership) being reasonably satisfactory to Lender; and(( )the execution, before such event, by the person succeeding to the interest of Grantoi”iri'the Property or ownership interest in Grantor (or security interest in such ownership)"of a written modification or assumption agreement containing such terms as Lender may reasonably require, such as a principal pay down on the Obligations, an increase in the rate of interest payable with respect to the Obligations, a transfer fee, or any other modification of the Note, this Deed of Trust, or any other instruments evidencing or securing the Obligations. 17. Grantor agrees not to grant any future lien or security interest in the Property or to permit any future junior encumbrance to be recorded or any existing or future claim to otherwise become an encumbrance against the Property. If an involuntary Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 encumbrance is filed against the Property, Grantor agrees, within 30 days of actual notice, to either remove the involuntary encumbrance or insure against it or provide a bond acceptable to Lender against the involuntary encumbrance. 18. This Deed of Trust binds, benefits, and may be enforced by the successors in interest of all parties. 19. If Grantor and Borrower are not the same person, the term Grantor includes Borrower. 20. Except as may be specifically stated in tliis�Deed of Trust or the Note, Grantor and each surety, endorser, and guarantor of the O'bligations waive all demand for payment, presentation for payment, notice of intejCtioii t6"accelerate maturity, notice of acceleration of maturity, protest, and notice of protest, to the extent permitted by law. 21. Grantor agrees to pay reasonable attorney's fees,trustee's fees, and court and other costs of enforcing Lender's rights' iiider this Deed of Trustif his Deed of Trust is placed in the hands of an attorney for enforcement. 22. If any provision oi'.1hi Deed of Trust_is determined to be invalid or unenforceable, the validity or enforceabilit",0f,any other provision will not be affected. 23. The tertivLe"'tder includes ony mortgage servi6ell for Lender. 24. Grantor represents that this Deed of Trust and the Note are given for the following purposes: Grantor expressly ackn6wledges a'vendor's lien on the Property as security for the Note secured'by this Deed of Trust, which represents funds advanced by Lender at Grantor`s"request.` This Deed of Trust does not waive the vendor's lien, and the two liens and the rights created by this Deed of Trust are cumulative. Lender may elect to enforce either of the liens without waiving the other or may enforce both, E. Construction Loan Mortgage 1. This Deed of Trust is a "construction mortgage" within the meaning of Section 9.334 of the Texas Business and Commerce Code. The liens and security interests created and granted by this Deed of Trust secure an obligation incurred for the construction or rehabilitation of improvements on land. 2. Grantor agrees to comply with the terms, covenants and conditions of City Secretary Contract No. 45699 between Grantor and Lender (the "Contract") which requires the Note and this Deed of Trust. All advances made by Lender under the Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 Contract will be indebtedness of Grantor secured by the liens created by this Deed of Trust, and such advances are conditioned as provided in the Contract. 3. All amounts disbursed by Lender before completion of the improvements to protect the security of this Deed of Trust up to the principal amount of the Note will be treated as disbursements under the Contract. All such amounts will bear interest from the date of disbursement at the rate stated in the Note, unless collections from Grantor of interest at that rate would be contrary to applicable law, in which event such amounts will bear interest at the rate stated in the Note for matured, unpaid amounts and will be payable on notice from Lender to Grantor requesting payment. 4. From time to time as Lender dem reasonably necessary to protect Lender's interests, Grantor will, on request of Lender, execute and deliver to Lender, in such form as Lender directs but subject to;,;tbe"rights OA, any senior lien holders, assignments of any and all rights or .elal- s that relate'`to the construction of improvements on the Property. 5. In case of breach by Grantor of the term, s, covenants and,conditions of the Contract, Lender, at its option, subject to applicable.,,". tice, grace and cdre'periods, with or without entry on the Property, may"(a)invoke any bf the rights or remedies provided in the Contract, (b) accelerate the amounts sed by this;Deed of Trust and invoke the remedies provided in this Deed of TrusC or(c)d4 both. F. THIS CONVECE IS, MADE -;AND ACCE CONVEY, PTED SUBJECT TO THE FOLLOWING CONDITIONS;AND RESTRICTIONS:' The 4 te.secured by,.this Deed of Tru`'st is the Note required in the Contract between Grantoraud..Lender>and has been executed and delivered in accordance with its 4, rms. The funds advanced by Lender are HOME funds and the Contract requiresfli t the Required Improvements constructed with the HOME funds on the Property (f1il ."house") mu, be sold to a HOME Eligible Buyer in accordance with the HOME Regulations, all�As more particularly described in the Contract. The Obligations desor1ibed in the",Contract evidenced by the Note and secured by this Deed of Trust will be;in defuult if the house is not sold to a HOME Eligible Buyer as more particularly descriied"in the Contract. This Deed of Trust has also been executed and delivered pursuant to the terms of the Contract. Grantor agrees to perform each and every obligation set forth therein and will not permit a default to occur thereunder. Any default in the performance of Grantor's obligations under the terms of the Contract or the HOME Program or HOME Regulations shall be deemed a default in the terms of the Note and Lender may invoke any remedies provided herein for default. Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 [SIGNATURE PAGES IMMEDIATELY FOLLOW] Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 THE CONTRACT, THE NOTE AND THE DEED OF TRUST CONSTITUTE THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORPORATION, a Texas nonprofit corporation By: Phillip Yos�y,Executive Director STATE OF TEXAS § COUNTY OF TARRANT This instrument was acknowl'edged'15efore; me on , 2014 by Phillip Posey, the Executive Director %of Corge Acne Assistance Network Housing Development Corpor- n, a T' xns nonprofit corporarion;,op behalf of such corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Fort Worth, City Attorney's Office;, Attention: Vicki S. Ganske 1000 Throckmorton Street Fort Worth, Texas 76102 Deed of Trust—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 PROMISSORY NOTE HOME CHDO Funds Date: June 30, 2014 Borrower: Cornerstone Assistance Network Housing Development Corporation, a Texas non-profit corporation Borrower's Mailing Address: 3500 Noble Ave., Fort Worth, Tarrant County, TX 76111 Lender: City of Fort Worth, Texas, a Texas municipal"corporation Place for Payment: C/O Director of Housing and Economic Development Department 1000 Throckmorton St. Fort Worth, Tarrant County,TX 76102 or at any other place that Len"der„may designate in writing Principal Amount: $130,234.001;",",',, Loan Authority: The loan evidenced by this Note is being-made pursyant to the HOME Investment Partnerships Program authorized '_nder Tit1 ,jt of the,-Cranston-Gonzalez National Affordable Housing `Act;of 1990;�4s ainende ,,42„USC 12701 et seq. ("HOME Program") and.the HOME Invests icnt Partnerships Program Final Rule, as amended,24 CFR1Part 92'et seq. (the" OME Regulations")with HOME funds. Annual Interest Rate: Zero Percent(0%) Maturity Date: Jurte 29. 2014, Annual Interest Rate on Matured, Unpaid Amounts: Six Percent(6%) Terms of Payment,(principal and interest): The Principal Amount .and any accrued, unpaid interest will be payable in full on the Maturity Date under the terms and conditions as provided in the Contract. Any payment will be applied first to accrued interest and the remainder to the reduction of the Principal Amount. Promissory Note—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 This Note is the Note required in City Secretary Contract No. 45699 between Borrower and Lender and has been executed and delivered in accordance with that contract (the "Contract"). The funds advanced by Lender are HOME funds and the Contract requires that the Required Improvements constructed with the HOME funds on the Property (the "house"), must be sold to a HOME Eligible Buyer in accordance with the HOME Regulations, all as more particularly described in the Contract. The Loan evidenced by this Note will be in default if the house is not sold,trf a'FTQME Eligible Buyer and in the event of such default, Lender may invoke afty.,remedies fpr;,,default provided in the Contract or the Deed of Trust. Security for Payment: This Note is secured by;arDeed of Trust of even 0* from Borrower to Vicki S. Ganske or Leann D. Guzman,Trustee;rwhic er h covs""the followtng,,4eal property: Lot:-i3, Block 5, Eng1' wood:Heights Addition, an Addition to the City of Fort Vtrorth, Tarrant„County;.,Texas, aecording to the Plat recorded in Volume 310, Page 67, Plat Rec ds, Tarrant Count '"Texas, commonly known a§"3229 Fitzhugh Ave., Fort Worth, TX 76105. Other Security for Payment: A set forth in the Contract. Borrower promises to pay to the order of Lender the Principal Amount under the terms and conditions described in the Contract. This Note is payable at the Place for Payment and according to the Terms of Payment. All unpaid amounts are due by the Maturity Date. After maturity, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts. If Borrower 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 instrument securing or collateral to this Note, Lender may declare Promissory Note—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 the unpaid principal balance, earned interest, and any other amounts owed on the Note immediately due. Borrower and each surety, endorser, and guarantor waive all demand for payment, presentation for payment, notice of intention to accelerate maturity, notice of acceleration of maturity, protest, and notice of protest, to the extent permitted by law. Notwithstanding anything to the contrary, if a monetary event of default occurs under the terms of any of the Loan documents, prior to exercising any remedies Lender shall give Borrower written notice of such default. Borrower shall have a period of 10 business days after such notice is given within which to cure the default prior to exercise of remedies by Lender under the Loan documents. Notwithstanding anything to the contrary, if a non-monetary event of default occurs under the terms of any,of the Loan documents, prior to exercising any remedies, Lender shall give Borrower writte=n notice of such default. If the default is reasonably capable of being cured within ,0 days, Borrower shall have such period to effect a cure prior to exercise of remedies l5y"Lender under the Loan documents. If the default is such that it is not reasonably capable of beingcured within 30 days, and if Borrower (a) initiates corrective action withixii said period, and (6),diligently, continually, and in good faith works to effect a cure as 9Oon as possible, then Borrower shall have such additional time as is reasonably necessary to" ,cure the default prior to exercise of any remedies by Lender. In no event shall Lender be,,precludpd'`from exercising remedies if its security becomes or is about to become materially-jeopardized by any failure to cure a default or the default is not cured within 180 days after the first notice of default is given. Notices given to.Borrower shad..be in writing and d6livered to the addresses listed above, or to such other`address,as Borrower de es by written notice to Lender. Each such notice or other communication shall.be,65ective'u ' n receipt when sent by U. S. Mail, postage prepaid and by certified mail;:return receipt requested; or by a nationally recognized overnight delivery se' 'ice,.. --Borrower also- promises,to pay reasonable attorney's fees and court and other costs if this Note is placed in the hands of an attorney to collect or enforce the Note. These expenses will bear interest froin,the date of advance at the Annual Interest Rate on Matured, Unpaid Amounts. Borrower Will pay Lender these expenses and interest on demand at the Place for Payment. These expenses and interest will become part of the debt evidenced bythe Note and will be secured by any security for payment. Borrower may pfepay'this Note at any time before the Maturity Date without penalty so long as the house located on the Property constructed with the HOME funds is sold to a HOME Eligible Buyer in accordance with the HOME Program and the HOME Regulations and the other terms and conditions of the Contract. Interest on the debt evidenced by this Note will not exceed the maximum rate or amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the Principal Amount or, if the Principal Amount has been paid, refunded. On any acceleration or required or permitted prepayment, any excess interest will be canceled automatically as of the acceleration or prepayment or, if the excess interest has already Promissory Note—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 been paid, credited on the Principal Amount or, if the Principal Amount has been paid, refunded. This provision overrides any conflicting provisions in this Note and all other instruments concerning the debt. 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 Party; (2) any warranty, covenant, or"Tel resentation in this Note or in any other written agreement between Lender and Borr or any Other Obligated Party is materially false when made; (3) a receiver j$, 0po*d for Borrower, any Other Obligated Party, or any property on which a lign;or`security 1htterest is created as security (the "Collateral Security") for any part o' tl,is` Note; (4) any,,Collateral Security is assigned for the benefit of creditors, (5 o i �notyency proceeding is commenced by Borrower or an Other Obligates Party; (6),(a) a bankruptcy or insolvency proceeding is commenced against Borrower of`zn 0.thki Obligated"'POty and (b) the proceeding continues without dismissal for 9(1 days;` the party against whom the proceeding is commenced admits'thi, atgrial allegati6ns of the petition against it, or an order for relief is entered; (7) any offhe following parttes s dissolved, begins to wind up its affairs, is authorized to dissolve',' issolve', wind up;its affairs.,,by its governing body or persons, or any event ogcurs br condition exists that permits the%dissolution or winding up of the affairs of any of the following parties' O Borrower, or (ii) an Other Obligated Party; and (8) any Collateral Security is m4�1 rtally impaired by loss, theft, damage, levy and execution, issuanc6:of an official writ or order of seizure, or destruction, unless it is promptly rgplaed,with insurance proceeds, c6!JJ4 teral security of like kind and quality or restored t6�ts'former;condittort" , 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 pro'slons"olthe 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] ] Promissory Note—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 THE CONTRACT AND THE NOTE CONSTITUTE THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. CORNERSTONE ASSISTANCE NETWORK -;,, HOUSING DEVELOPMENT CORPORATION Phillip Posey, Executive Director Promissory Note—HOME CHDO Funds Cornerstone—3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "F" REIMBURSEMENT FORMS CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. CHDO Single Family Contract—Exhibit F—Reimbursement Forms Cornerstone-3229 Fitzhugh Ave. Rev.08-20-14 EXHIBIT"F" REIMBURSEMENT FORMS CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. Attachment I INVOICE CHDO: Cornerstone Assistance Housing Development Corp. Project Site Address: 3229 Fitzhugh Ave Period of Service: Program Amount This Invoice Cumulative to Date CHDO Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and CHDO By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report, Exhibit F, and in all backup documentation is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: CHDO Single Family Contract—Exhibit F—HOME Project Compliance Report(Single Family) Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 \ q . ) ) } § c � � \ / \ « ) ` i/ . ) :3 � § ]§!( §\ ■\` # . \ \ _ \\ Cc . \}& » ( < \ _ ) 77, ( z "T EXHIBIT "G" HOME PROJECT COMPLIANCE REPORT (Single Family) CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP 3229 FITZHUGH AVE. CHDO Single Family Contract—Exhibit G—Home Project Compliance Report(Single Family) Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 z - ii� 0 x x 9 z E 3 a�azw a z O uz ' �m ' mmo x F�xx 'muox �6 Our 5 G O� _ a� E O O_y O r x EXHIBIT "H" DAVIS BACON REQUIREMENTS—FEDERAL LABOR STANDARDS PROVISIONS CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. Not Applicable CHDO Single Family Contract—Exhibit H—Davis-Bacon Requirements-Federal Labor Standards Provisions Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "I" SECTION 3 REPORTING FORMS CORNERSTONE ASSISTANCE NETWORK DEVELOPMENT CORP. 3229 FITZHUGH AVE. Section 3 Summomy Report U 8.8eparlree4t ortftwng OMB Rppm el Mo_2529-anaa Econornic Opporhmobes. for mid urban Deweloprneni texp-d ua M1 o1 Low—and Very Low-Incorne Persons OMM of Fair I-Imm g And EqualOpp I s.m edeQ erg m4d=.r .a -:@ri4n.} w,t�rad ram 1 =31 IL d L a. ar: - ...he 1 h*_.ft POFt 1: wtl Tragr °Coham s E,C and F are nur lieu;_IrEtude Mew Hies In E .kbOdw.V Nor tsa W—td— rd"H—dNs ton weir T i.- 8c3 ft..dft w d—&-S R rd Tn Technicians Onkmicledcal Consinvildn by Trade(LIES) Trade Trade Trade Trade Trade -cow Tom •rv�r�e am s. rya r. .. .®m® e.CDOd Sh&na,iAr..a C Y f-ceed P4 A d tilt} p G Rd 1 21 4 tPS sM CHDO Single Family Contract—Exhibit 1—Section 3 Reporting Forms Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "I" SECTION 3 REPORTING FORMS CORNERSTONE ASSISTANCE NETWORK DEVELOPMENT CORP. 3229 FITZHUGH AVE. Putlr Coffirmb Awarded 1. condnKsm Contacts: A ToW dobw anxad&M conbuft anwelecl on the wc@ed i 8.TdM sranrmtuf axdmcks m Secret 3 b=k� :s i G PerconloW at Me r dd>:armsnt anal wen assrrulal to Sedbn 3 ses % ri Tams number of seams 3 neceft"mnrra� Z Cmdmtks &Toml daftir atmaurt as contacts ramp ded on the projerbacftfty i B.Tyr of cmbad3 to aectlm 3 muln� i C.FescenbW ohhhe NM dills annount 00vow mawrWil to aeclm 3 twhetoom % b.Tams cwnbu or Section 3 M�Mnp norHoorstuclon aardractr Part®: stronalary brocade She etrots made to dreect Me employment and firer ecanumic opporlunbas gawated by HUD Man=assistance for halarirrg and community development pmgrar to tare greatest exlent[ea se,lowwad -anal very taw-tnc®re person:, those Who are recillonts or governmard assislance its houstg_(Cher#all that apply.) Attempted to rerxist lesA7elds M mUgW W*11 adverttstng rnedla, promMrerM�j displayed at the project rte, contrary WIM the My ongar7alRrans and pcaic or=.99. up�erathug wdMn the mebropokm area for monmittroqmRan candy)In~the Sechern 3 catered program or project Is low.osarOlx Pa led In a HUD program or other program which the trailing or eregdrr�mment cc Section 3 refilditntEL -Partolpaled In a KUD program or attw program ANOM promotes the award of contracts to business oDincerms whkm meet Me a mtioi of Secum 3 business coll0cems. Goardinated AM Youffridufld Programs admirdskered In Me rmtrupci tan area In wtik%Me Section 3 omwed project Is bcabecL _Omer,,describe mow. Putwc reporting mar Iris collection of arum am Is elated to average 2 hates per response,Including the tin a for tnaWdrols, searrMg existing data sorroes,gamering and Me data needed,and compleding and reviewing the coaectibn of - TN&agency may not codect 11%Mformation,and ym are not requilred to conoete tt"torn,ur0ess It displays a cuerently aid 0I8 nturnber SeMM 3 or Die Hmairg aria thban Daympment Act of 19M as alemdK 12 u.s-c.17DI%ma Mat ire Dep3fiterd ensures Mat empirpyment and obu economic opportunities generated by Its housing and eartm merit assistance programs are birected toward and very4ow Income persons,partlicutarly Mme whb we recipleads or assistance horsing.The regulations are hand at 24 CFR Pat 135_The Infournaton will be used try the Department to monitor comp9a°nce with Section 3.ID assess Me resutts of the Departmets e4hris to meet Me statutory objedfves or Section 3,to prepae repots to Congress.and try recipients as set ring Pawl.The data is entered M a database and will be arelymc!and distributed The collectlion or lWormatlon 1 redplads recelvkrg Federal ffronckal assktm)cefthouMVartdccirnmunityWvelopmertpNranwmieredbySeMm 3. The Inturmallon 11111 be cobected annually to assist HUD In meeting 115 reporting requirements unau Section 11138(e)(6)of the Fat Noosing Ad aria 916 uS the HCDA of 1942.An a;blrame ur aiq s rat e m tNs tbm The Prtvauy Actor 1974 and rA-100 are not app b le The reporting reVremeros m rtot contaar sensfiNe gtxstlons. Data Vs c um 'personal Inflotmadlon Is not Mcl ded. RMA reds R t'm CHDO Single Family Contract—Exhibit I—Section 3 Reporting Forms Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "I" SECTION 3 REPORTING FORMS CORNERSTONE ASSISTANCE NETWORK DEVELOPMENT CORP. 3229 FITZHUGH AVE. Fain HUD-fMO2.Section 9 Fiaport EMINNIffic Oppoft rdbm for tole-ettd vary Low-k t ante Porsons- iru4aadona:TFd ronn is in be used to mart annum S. Pragran Gast:Eiertte apps program coat ac tttnf at aciournplistimmes regarding;enpbMet add oeter emma id: We Gown of tie p ge- provided to War and very[ow-loco me pen"under 3 proparo dome:Bow Me name ca HM Program corresponding 3 or tie Himaiag aW Hoban DraebPreaAdaf 1969.Tae WM the'Pro{pm Gage'In number S. Section 3 regitasms aPpty ho my PWW analhw"110PSdady programs thatre¢i+:(i)deveddimusit asf d race gent in put t EmMoyaartnt arts Training oppedurallea Sermon 5 or the fi&Ramada Act of 1937,(2)operating Column A Oarisud varkm)ob calepasies.Pnafesfauu are push In Section 9 or Vie UPS_Hmeag Ad of 1937,or M ddarm as people*ter drove sperbf IawWedge of an u:cryaro t)-e. rt�rnngatWrn grards pursuant ta Section 14 or the U.5.HW;ffingAct stper"ars.ardsteds.ssaneyraa..plowwes,am canpLar of t537 and 1.—40.1a of Bossing and aan®a+ty W-knomost Farcemturtion Pte.ed�,gore aan praaiY aclashmoa in amass of tNG,ede eytended for(t)inuring damp clusters 8 tti mgh FM each torte w sere persons were reSx4ga and stadindrent or leadfinsed paint employed.The cagy o1 hWrdes omgmowm such as hemrdsk r7)housing :ar f3)otherp bloc conrastlton service vim. poJects;and to contracts Mad Suftworobards In uaaaa of ilee„ppe Coluai g Utarrdabory FYtd)Eiiertne number tuner ores hr awarded In comanclon wh the aGhfy. each cmk*M of workers trampled h Calm A In connection wM Farm 1-11 .t—11—paw,wsich—m he YWetd as Insolvent.liar hoc refers to a peasar atsa rot an the[oraredors at programs covered by Seclan 3.Part t rents to ardia o rodent omen 's peiNi fa eosioprolt at the nine of sefedern tr de ar d draining.Therectpers ton err option to dNQm1z numerical Section 3 covered award cart the Nine or tempt of Se[tiit 3 covered mpfw tGtrndYnegoals eehercm the bond of tae number W hours warted by rtes aides flotillas 8.D,E and Flo Pat 8 ofte fain Cohn®C:platy FINd)Bilert4e rem ber of S[d5ar 3 near repots m OMWNCMW,and Pmt IN sumrNtMs cetlyknu`aft to ties#each category orwortvs beWtred In Colmma A in con"War Section 3. noncom®Wei iris award.Seer 3 new hire refers W a 5effiar 3 Rectpich or mnhacfas suited No Section 3 must leaders wM Is not art Be caiactofs or recipients pa"ter maintain appropriate dommerdatim m establish Out HRAS linarrav erpfoymerrtat ad-itme or setcthorl tar to Section covered amrdo assffiatne for housing aid cormeciraffly development progrants were at the pace of receipt of Seddon 3 toeeed m.s+a� Section ddtpmd Wr-adel�erY ions-as�rrc Pezons.'AaeUPaf Calla®OC Eratr err peceiag aftstheslffif ha�grnea tlaes 3 covered aaetaa ce s2ne subrieff one ropy of th§report ta i-8edicn 3 rest)In mmection sin tius award. HUD Headquistl Orate of Far Holding and 50211 Opilataf - tailor®E-ever tte percentage arm!W W soru tars warted gar Wave ere program paaffig requires as annul Section 3 eapnsees and trahens(4ulud log tier toes)nark padsma+ce moot,tits Sedk n 3 rePa't ns h be Mb,heet at the War gar nwanl. stailmtas�partSne artl tut-time sametd theprogrampermsreparsts®ate+ 'Mimem passo - a saved peksrt®mce report Is east required,gts Ser$ur 3 rcpt is in be Coluot F:(Yasdmkey Flefr$Enter Me radetierof Senn 3 s:imnted by January l6 and.Stave Pitied ends trebre Derr rarte 31, rem iha were gained n rasaffinr with Oft aavd_ mom iD dais of poled:u3spidlon.Orb'Pdma Aaclpfand arm Patti:Oor6ad 6edat ddoes rmgotaorlompodfa MAX Tta rspartnmt8ne6ralt Blood 1:Candrudon Contacts aeomqdF6mmts dam rwJpfi Ws aW dwlr Soeik)n s oawrW bond Erirthe anal etsse aacat of at mnlrods ami ded an ece analmi klm and Pges3pF97 . HUD Field Enter the Find Office rare_ Name:Eller the tataf dolor aricart of contracts Wen iris L Rem Ebsre name and aASess or are radiant ppledVirograni But were aswRtd to Section 3 Gurtaesse. submiing"repot boned-brier glefdm[tape ortleWtah dpi annlo;aY ascopptracd 2 Federal IdaWEratmc E terMe n ordiff he d appears a eS carherted MM hhte PolaGYaaprann aaa>!ed to Sermon 3 awardfam IWdnriatiesl Theamsdomittleagrant Adding:Ertrthedunherof8edttn 3 Wahemes recd%Wg aaranal- agreement Crmniad. Bloat:t~Non-Corshractlon Contracts 3_ Dolor Maud OrAwmat:Bannon mlor amoral,noaaated m se dorr1 A:Entr the bW daltaraasnt or at rantrods damaged on tse rteaeu dolor.re�.ed try the rer pegect a 4 A 5.Contact Persas4hmc Erie ale nacre and ie1epore number *m 8:Errtrthe total dol>S amount aroaoacls connected atgr Nk of t!e person algt knowledge tube awed and ewe reciplaCs prated awarded to Section 3 or Sedlon3 tad C:FErtr ere p.—Inge or aemgt dolor anout.1..baad. S. Regarding Period:Made the sane POW unmans au seer) mue:ted wren Sds PolesG¢eogram aided to Section 3 aft repot mvrm Am D-Entr the aanGer of Section 3 blahesses rece+Rngawards. 7. Date Report 5?phmlBEM Eraeraae apPOpnak didle. Faster:Sunray or -Sef-esp[autry Submitoral(l)ccoy orgtareportto Se HUD Heirriciadriffs0liciecif Fat Honsog and Equah Opportunity,at the same tone flee The Secretary may estaGtan Income,ceilings higher ra beertlun ed percent paasmance report Is supneled to se prvprap ohm The Section 3 of Me medarn for the aes on We GacdS or de 5meforyh sridings sonh ass report is suintflind by January 10-htluhe oty cartreds executor variations are necessary hecade arwevulbg tnets of construction cots dudes the period specffed in tern S.PHAaaH45s are to report en ac tuyH-orrJ!w-trmraefaralz 4wry prsmu it e mrtrstrlsLbaarrgacts. War-armmebrestts.. sir epe }mfiatc a¢anes nor esad SO pecmt of the mieffian*amp,}hcrtre area,..as determined try the The herlra 1aa-dcong persons'aid very Wrsrmme perssis'hae Seciretary YM aclus..ss sits ar sonata and iaadd eocapt hha the one sane meanings given We In mention 3 lb)42}tune Wed Secretary may ertatilsid home cc"Isperor over Non 50 percent of Sales Housing Ad of 1937.t arttc aaw persons less;dolts Val,mccern for the arm tip tie hams or the dot arch fhduckto shpt pasoas)Wwaae trrmnes do nor e>Qed 811 p—st or xmta8md are nedesary n...•..,v of and;rHtf r ar War farrty,lwmnes. the creation hdaee W tie anon,as debtamted by he Secretary,nth ad)nArvents ad,winaa and larger tines,ecept Not Pigs I 4J6acow orrdcto dd 3A Cf h 153 CHDO Single Family Contract—Exhibit I—Section 3 Reporting Forms Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "J" STANDARDS OF COMPLETE DOCUMENTATION CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. FoRTWORTH, Standard of Documentation for Reimbursement of Development Costs Cost Type Documentation Standard Acquisition of Vacant Lots • Notice to Seller(date must be on or before the date of options agreement or sales contract and signed by the buyer and seller) * Recorded Deed of Trust • Purchase Agreement w/Required HUD language • Master Settlement Statement • Appraisal or other document used to determine purchase price • Proof of Payment(bank statement/cancelled check) Soft Costs(Architect,Engineer, • Invoice Landscaping,Surveys,Appraisals, - Invoice should include: Environmental,Legal Fees,Other date; Consultants,Etc) company's letterhead; address for which service is provided; description of service(s)and item(s); amount for itemized services;and total amount • Proof of Payment(ie.bank statement or cancelled check) If applicable,fully executed contract/service agreements and applicable amendments - Provide printout from .sam.€tov verifying contractor/subcontractor is not fisted on the debarred and suspension list • If only a portion is being paid with City funds,then show calculation and documentation of how costs are allocated_ CHDO Operating/Project Delivery • Invoice Expenses - Invoice should include: date; company's letterhead; address for which service is provided; description of service(s)and item(s); amount for itemized services;and total amount • Proof of Payment(Le.bank statement or cancelled check) • Timesheet(s)Signed by Employee and Supervisor • Activity Log(s)Signed by Employee and Supervisor • Pay Period Dates Should be Reflected If paying for rent or contract services,copy of executed agreements • If only a portion is being paid with City funds,then show calculation and documentation of how costs are allocated_ Hou iP and Economic Development FINAL as of 4/24/2013 Page 1 CHDO Single Family Contract—Exhibit J—Standards Of Complete Documentation Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 EXHIBIT "J" STANDARDS OF COMPLETE DOCUMENTATION CORNERSTONE ASSISTANCE NETWORK HOUSING DEVELOPMENT CORP. 3229 FITZHUGH AVE. FoT WORTH. Standard of Documentation for Reimbursement of Development Costs Construction Costs(Contractors& Invoice Subcontractors) - Invoice should include: date; company's letterhead; address for which service is provided; description of service(s)and item(s); amount for itemized services;and total amount • Proof of Payment(i_e_bank statement or cancelled check) • Timesheet(s)Signed by Employee and Supervisor - Activity Sheet(s)Signed by Employee and Supervisor - Pay Period Dates Should be Reflected • Copy of applicable inspection report(s)conducted by HED Inspector • Copy of executed agreements - Provide printout from wwwsam_eov verifying contractor/subcontractor is not listed on the debarred and suspension list • If only a portion is being paid with City funds,then show calculation and documentation of how costs are allocated_ • For retainage for the prime contractor,lien waivers for the prime and all subcontractors_ Materials Purchased by Developer • Invoice - Invoice should include: date; company's letterhead; address where materials will be used; description of service(s)and item(s); cost by quantity;and total amount • Proof of Payment(i-e-bank statement or cancelled check Developer Fee • Final Invoice Reflecting Total Development Cost • Proof of payment for any other entity contributing to development costs_ • Show calculation of agreed upon developer fee percentage • Copies of final lien releases from contractor/subcontractor • Complete Documentation required in contract for home/unit produced (i_e_income does for eligible homebuyer,sales contract between developer/homebuyer,HAP Deed of Trust w/required affordability period language,etc Housing and Economic Development FINAL as of 4/24/2013 Page 2 CHDO Single Family Contract—Exhibit J—Standards Of Complete Documentation Cornerstone-3229 Fitzhugh Ave. Rev 08-20-14 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCILAGENDA FoRTWORTH COUNCIL ACTION: Approved on 12117/2013 DATE: 12/17/2013 REFERENCE *C-26603 LOG 17AMENDCANHDCPOLYPROJECT NO.: NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Amendment to Mayor and Council Communication C-24710 for the Conditional Commitment and Contract for HOME Investment Partnership Program Grant Funds to Cornerstone Assistance Network Housing Development Corporation for the Development of Single Family Houses in the Polytechnic Neighborhood to Comply with United States Department of Housing and Urban Development Requirements, Reduce the Number of Houses to be Constructed to Two, and Authorize Release of City Liens (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the amendment to Mayor and Council Communication C-24710 that approved a conditional commitment and contract with Cornerstone Assistance Network Housing Development Corporation for HOME Investment Partnerships Program grant funds to change certain terms in the Mayor and Council Communication to comply with United States Department of Housing and Urban Development requirements, and specifically to remove Community Housing Development Organization proceeds, include a developer fee, and reduce the number of houses to be constructed from three to two; and 2. Authorize the release of any City liens on properties located at 3220, 3229, and 3233 Fitzhugh Avenue to be acquired by Cornerstone Assistance Network Housing Development Corporation, as sites for the construction of the houses. DISCUSSION: On January 25, 2011, (M&C C-24710) the City Council approved the award of$320,000.00 in HOME Investment Partnerships Program grant funds to Cornerstone Assistance Network Housing Development Corporation (CANHDC), a certified Community Housing Development Organization (CHDO), for the development of three single family houses to be located in the Polytechnic Neighborhood. Up to $50,000.00 of the HOME funds were to be used for CHDO operating expenses and $270,000.00 of the HOME funds were to be used for eligible development and construction costs for three single family houses. Due to increases in construction costs, CANHDC can only build two houses with the HOME funds awarded to it. In 2011, Staff developed a new policy regarding the use of CHDO proceeds with United States Department of Housing and Urban Development's (HUD) guidance. HUD approved the policy on May 3, 2011 and under the new policy, CHDO proceeds were no longer allowed and a 10 percent developer fee was implemented. Staff recommends the following amendment to contract terms authorized by M&C C-24710, based upon direction received from HUD: Remove any reference to CHDO proceeds; Include a 10 percent developer fee based on the total cost of construction to be paid once the homes are sold; and Reduce the number of houses to be constructed in the Polytechnic Neighborhood to two single family houses due to increase in construction costs since original proposal submission. http://apps.cfwnet.org/council_packet/Mc_review.asp?ID=19340&councildate=12/17/2013 3/17/2014