HomeMy WebLinkAboutContract 46650 CITY SECRETARY
CONTRACT No.
NCPR
May 1,2015 Oncor Electric Delivery LLC
a Delaware limited liability company
WR#: Hardy Street
Hardy Street Housing Project
Dear Mr,Costa,
City of Fort Worth,a Texas Municipal Corporation ('Customer)has requested that Oncor Electric Delivery
Company LLC,a Delaware limited liability company('Compan)'),provide additional electric facilities sufficient to provide electric service for
kW or 21 lots/units at Hardy Street Housing Project
Pursuant to company's Tariff for Retail Delivery Service,the extension length or cost of the additional electric facilities is within the amount
allowed by the Tariff and can be installed at no cost to the customer.
Company at all times shall have title to and complete ownership and control over said facilities.
Customer is responsible for providing,without cost to the Company:(1)suitable space on customer's premises for the installation of the
facilities;and(2)rough site grading to final grade along the route of the facilities and clearing the area of all obstructions.
Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or
governmental entity,that are located w ithin real properly owned by Customer. In the event that Customer has failed to do so,or in the Ln
event of the existence of such facilities of which Customer has no knowledge,Company,its agents and contractors,shall have no liability, N
of any nature whatsoever,to Customer,or Customer's agents or assignees,for any actual or consequential damages resulting from
damage to such undisclosed or unknown facilities. Lo
I
This agreement supersedes all previous agreements or representation,either written or oral,between Company and Customer made with Q
respect to the matters herein contained,and when duly executed constitutes the agreement between the parties hereto and is not binding g
upon Company unless and until signed by one of its duly authorized representatives. C3
This agreement,if not accepted within 30 days of the date of this letter,will be of no force and effect.Acceptance shall consist of delivery LLJ
of an executed copy of this agreement to Company.
LLJ
Please be aware that the start date of this project will be no earlier than three weeks following the execution of this agreement along with any U
payment that may be required pursuant to Company's Tariff for Retail Delivery Service.A more definitive installation schedule will be LU
provided upon your delivery of this agreement to assist in your planning for this project.
Sincerely,
Tim Dolan
NCM Manager
If City of Fort Worth,a Texas Municipal Corporation agrees to the conditions set forth in this agreement,
please execute the agreement and return to me at the address above.
7y�- Fernando Costa
SignatureAG �oo Printed Name
Assistant City Manag GD ooQ May 1 15
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fbuftmi
COUNCIL ACTION: Approved on 4/14/2015
DATE: 4/14/2015 REFERENCE NO.:C-27264 LOG NAME: 17NS NSTCHPASSIGN
CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Assignment of Contracts for the Development of the Hardy Street Single Family
Infill Development Located in the Diamond Hill-Jarvis Neighborhood Using $1,300,000.00
of HOME Investment Partnerships Program Grant Funds and Assignment of Purchase and
Sale Agreement for the Direct Sale of Twenty-One Lots for the Development from the Fort
Worth Housing Finance Corporation to Tarrant County Housing Partnership, Inc.
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute an assignment of contracts for the
development of the Hardy Street Single Family Infill Development located in the Diamond Hill-Jarvis
Neighborhood using $1,300,000.00 of the City's HOME Investment Partnerships Program grant funds
from the Fort Worth Housing Finance Corporation to Tarrant County Housing Partnership, Inc.;
2. Authorize the City Manager or his designee to execute an assignment of the Purchase and Sale
Agreement for the direct sale by the City of twenty-one lots for the development in the amount of
$132,000.00 from the Fort Worth Housing Finance Corporation to Tarrant County Housing
Partnership, Inc.;
3. Authorize the City Manager or his designee to amend the HOME contracts to include all
Community Housing Development Organization requirements and a ten percent developer fee;
4. Authorize the City Manager or his designee to amend the contracts and the Purchase and Sale
Agreement if necessary to achieve project goals provided that the amendment is within the scope of
the project and in compliance with City policies and applicable laws and regulations governing the
use of federal grant funds; and
5. Authorize the City Manager to substitute funding years in order to meet commitment,
disbursement and expenditure deadlines for grant funds from the United States Department of
Housing and Urban Development.
DISCUSSION:
On September 23, 2014, the City Council authorized the change in use and expenditure of
$1,300,000.00 of the HOME Investment Partnerships Program grant funds to the Fort Worth Housing
Finance Corporation (FWHFC) for the development of the Hardy Street Single Family Infill
Development, and authorized the direct sale of 21 lots to the FWHFC for the development for
$132,000.00 ( M&C C-27008).
Staff recommends the assignment of the HOME funds contracts and the purchase and sales
agreement for the lots from the FWHFC to Tarrant County Housing Partnership, Inc. (TCHP), a
Community Housing Development Organization (CHDO) and an experienced single family affordable
housing developer. These assignments will allow the City to meet its CHDO spending and
commitment goals with the United States Department of Housing and Urban Development(HUD).
The City receives approximately $2,000,000.00 in HOME funds each year and HUD requires that 15
percent of those funds must be set aside to be spent by a CHDO.
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Staff recommends amending the HOME funds contracts to incorporate all CHDO requirements,
including a standard 10 percent CHDO developer fee in order to comply with HUD regulations for
CHDOs.
This project is located in COUNCIL DISTRICT 2, Mapsco 48Z.
FISCAL INFORMATION/CERTIFICATION:
The Fiscal Year 2015 budget included appropriations of$1,615,439.38 in the Grants Fund for this
purpose. To date, the appropriations have not been expended. Upon approval of these
recommendations, the Financial Management Services Director certifies that funds are available
within the existing appropriations for the Hardy Street Single Family Infill Project.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206181640 $1.000.000.00 GR76 539120 005206181070 $400.000.00
GR76 539120 005206271640 $179.440.54 GR76 539120 005206181160 $55.000.00
GR76 539120 017206461640 $120.559.46 GR76 539120 005206181360 $545.000.00
GR76 539120 005206271990 $179.440.54
GR76 539120 017206461990 $120.559.46
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Ana Alvarado (7536)
ATTACHMENTS
Mappdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=20975&councildate=4/14/2015 5/1/2015
M&C Review Page 1 of 4
Official site of the Qty of Fort Worth,Texas
FoirrWbirm
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 9/23/2014
DATE: 9/23/2014 REFERENCE C-27008 LOG NAME: 17HFCHARDYLOTS
NO..
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Change in Use and Expenditure of$1,300,000.00 of HOME Investment
Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation in the
Form of a Subordinate Loan for Development of Up to Twenty-One Single Family
Houses for the Hardy Street Single Family Infill Project Located in the Diamond Hill-Jarvis
Neighborhood, Authorize Execution of a Contract, Authorize Sale of the Twenty-One
Platted Lots to the Fort Worth Housing Finance Corporation for the Development in the
Amount Not to Exceed $132,000.00, in Accordance with Section 272.001(g) of the Texas
Local Government Code, and Authorize Substantial Amendment to the City's 2007-2008,
2008-2009 and 2010-2011 Action Plans (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a substantial amendment to the City's 2007-2008, 2008-2009 and 2010-2011 Action
Plans;
2. Authorize the City Manager, or his designee, to substitute funding years in order to meet United
States Department of Housing and Urban Development commitment, disbursement and expenditure
deadlines;
3. Authorize the change in use and expenditure of$1,300,000.00 in prior years HOME Investment
Partnerships Program Grant funds to the Fort Worth Housing Finance Corporation in the form of a
subordinate loan for the development of the Hardy Street Single Family Infill Project, a development
of up to twenty-one houses located on Eagle Nest Street and Hardy Street;
4. Authorize the City Manager, or his designee, to execute a conditional commitment with the Fort
Worth Housing Finance Corporation for a five-year subordinate deferred forgivable loan that
conditions funding on, among other things, satisfactory completion of HOME requirements;
5. Authorize the City Manager, or his designee, to execute a contract with the Fort Worth Housing
Finance Corporation for the construction and completion of the project for a term beginning on the
date of execution of the contract and ending five-years from the date of execution;
6. Authorize the City Manager, or his designee, to amend the contract for up to two one year
extensions if the Fort Worth Housing Finance Corporation requests an extension and such extension
is necessary for completion of the project;
7. Authorize the City Manager, or his designee, to amend the contract if necessary to achieve project
goals provided that the amendment is within scope of the project and in compliance with City policies
and applicable laws and regulations governing the use of federal grant funds;
8. Authorize the direct sale of twenty-one platted properties located on Eagle Nest Street and Hardy
Street to the Fort Worth Housing Finance Corporation, in accordance with Section 272.001(g) of the
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Texas Local Government Code, in the amount not to exceed $132,000.00; and
9. Authorize the City Manager, or his designee, to execute and record the appropriate instruments
conveying the properties to complete the purchase and sale.
DISCUSSION:
The City Council authorized a total amount of$1,658,724.00 in Community Development Block Grant
(CDBG) funds for the Hardy Street Single Family Infill Housing Development(Development) (M&C G-
16852, M&C C-24117, M&C G-16884, M&C G-17714 and M&C C-26054). The Development
consists of acquisition of 3601 and 3617 Hardy Street, demolition of an existing structure and
installation of infrastructure for the 21 single family lots. The tracts have been replatted into 21 lots
(Properties) to be sold to a homebuilder to construct quality, affordable and accessible housing in the
Diamond-Hill Jarvis neighborhood. On June 10, 2014, (M&C C-26825) the City Council authorized
the sale of three lots to HMH Lifestyles, LP d/b/a HistoryMaker Homes (HistoryMaker), as the
homebuilder to purchase and construct the houses. However, HistoryMaker decided not to proceed
with the project due to higher priority developments available with more lots for home construction.
On August 26, 2014, the Board of the Fort Worth Housing Finance Corporation (HFC) agreed to be
the Developer for the project and approved all necessary actions to complete the acquisition and the
construction of the 21 single-family houses. The houses will be either three bedroom/two bath or four
bedroom/two bath houses, ranging in size from 1,400 to 1,875 square feet. The houses will be sold
to homebuyers earning 80 percent or less of the Area Median Income as determined by the United
States Department of Housing and Urban Development(HUD). Buyers must meet all HOME
Program requirements, including applying for and receiving at least $1,000.00 in down payment
and/or closing cost assistance from the City's Homebuyer Assistance Program (HAP) and must
occupy the unit as their primary residence for the length of the affordability period.
The City will enter a contract with the HFC for$1,300,000.00 of the City's HOME funds to be used for
acquisition of the properties, as described below and for part of the construction costs for the
project. The HOME funds will be in the form of a forgivable deferred payment loan. If the houses are
all sold to HOME-eligible buyers who occupy the units for the length of the affordability period, the
loan will be forgiven.
Staff recommends the following contract and loan terms:
1. Houses must be sold six months after completion to HOME-eligible buyers who obtain at least
$1,000.00 of HAP loan funds;
2. The length of the affordability period for the houses will be either 5, 10 or 15 years depending
upon the amount of HOME funds provided to the buyer;
3. Secure performance and repayment of HOME funds in the case of default by homebuyer or
Developer with a recorded deed of trust; and
4. Five-year contract and loan term with HFC; and
5. HFC's loan is forgiven if all HOME requirements and contract terms are met.
The expenditure of HOME funds is conditioned upon the following:
1. Satisfactory completion of an environmental review pursuant to 24 CFW part 58; and
2. Authorization to use grant funds from HUD.
In accordance with the HOME regulations, 24 CFR Part 92 et seq., the purpose of this project is to
benefit low and very low-income citizens by providing them with affordable housing. A public
comment period on the change in use of these HOME funds was held from August 22, 2014 to
September 22, 2014. Any comments are maintained by the Housing and Economic Development
Department in accordance with federal regulations. The Action Plan funding year may vary and be
substituted based on the principle of First In, First Out(FIFO) in order to expend the oldest grant
funds first.
Staff recommends selling the property to the HFC for the project. The sales price is $132,000.00 for
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M&C Review Page 3 of 4
all 21 lots. The HFC is responsible for all closing costs on this transaction. The City advertised the
intent to sell the property in the Fort Worth Star-Telegram on August 24, 2014, August 31, 2014,
September 7, 2014 and September 14, 2014.
Address Legal Description
3600 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 7
3601 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 7
3608 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 6
3609 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 6
3616 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 5
3617 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 5
3624 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 4
3625 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 4
3632 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 3
3633 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 3
3640 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 2
3641 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 2
3648 Eagle Nest Street Jarvis Heights Apartments Addition, Block 4-R
Lot 1
3649 Eagle Nest Street Jarvis Heights Apartments Addition, Block 3-R
Lot 1
3601 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 14
3609 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 13
3617 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 12
3625 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 11
3633 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 10
3641 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 9
3649 Hardy Street Jarvis Heights Apartments Addition, Block 4-R
Lot 8
This project is located in COUNCIL DISTRICT 2, Mapsco 48Z.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
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TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206181640 $1.000,000.00 GR76 539120 005206181070 $400,000.00
GR76 539120 005206271640 $79,440.54 GR76 539120 005206181160 $55,000.00
GR76 539120 017206461640 $120.559.46 GR76 539120 005206181360 $545,000.00
GR76 539120 005206271990 $179.440.54
GR76 539120 017206461990 $120,559.46
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Bette Chapman (6125)
ATTACHMENTS
bttp:Happs.cfwnet.org/council_packet/mc_review.asp?ID=20264&councildate=9/23/2014 5/1/2015
M&C Review Page 1 of 2
official site of t. City of Fort worth,Texas
CITY COUNCIL AGENDA FIr—
OTWORTII
COUNCIL ACTION: Approved on 6/10/2014
DATE: 6/10/2014 REFERENCE **C-26825 NAME:LOG 17HARDYLOTSTOHISTORYMAKER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Option Agreement with HMH Lifestyles, LP d/b/a HistoryMaker
Homes, or One of its Affiliates for the Sale of Three Platted Lots in the Diamond Hill-
Jarvis Neighborhood to Construct Single Family Houses to be Sold to Low to Moderate
Income Buyers, in Accordance with Section 272.001(g) of the Texas Local Government
Code (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to enter into an Option Agreement with HMH Lifestyles, LP
d/b/a HistoryMaker Homes, or one of its affiliates for the direct sale of three platted lots in the Diamond Hill-
Jarvis Neighborhood to construct single family houses to be sold to low to moderate income buyers, in
accordance with Section 272.001(g) of the Texas Local Government Code; and
2. Authorize the City Manager or his designee to execute and record the appropriate instruments conveying
the properties to complete the sale.
DISCUSSION:
The City Council authorized a total of $1,658,724.00 in Community Development Block Grant (CDBG)
funds for the Hardy Street Single Family Infill Housing Development (Development) (M&C G-16852, M&C
C-24117, M&C G-16884, M&C G-17714 and M&C C-26054). The Development consists of the acquisition
of two tracts of land located at 3601 and 3617 Hardy Street and the demolition of an abandoned nursing
home. The two tracts of land at 3601 and 3617 Hardy Street have been acquired, the nursing home
demolished and the infrastructure improvements have been constructed which include water, sewer, street
lighting and a new neighborhood street. The tracts have been replatted into 21 lots (Properties) to be sold
to a homebuilder to construct quality, affordable and accessible housing in the Diamond-Hill Jarvis
neighborhood.
Since CDBG funds were used for the Development, the houses ultimately constructed must be sold to
families earning 80 percent or less of Area Median Income (AMI), as defined by the U.S. Department of
Housing and Urban Development, in order to fulfill the national objective for the use of CDBG funds. Staff
has identified HMH Lifestyles, LP d/b/a HistoryMaker Homes (HistoryMaker), as the homebuilder to
purchase and construct the houses.
Staff recommends the sale of three lots to HistoryMaker on the following terms and conditions:
i. HistoryMaker shall pay a $1,000.00 option fee, independent consideration in the amount of$100.00 and
earnest money in the amount of$1,000.00 to be held in escrow at a title company;
ii. Sales price is $10,000.00 per lot;
iii. Properties must be sold to individuals or households earning 80 percent or less of AMI, as published by
the U.S. Department of Housing and Urban Development(CDBG Requirement);
iv. A deed restriction will be recorded on the Properties to secure the performance of the CDBG
requirements;
v. HistoryMaker shall build three bedroom (with a four bedroom option), two bath and two garage houses;
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and
vi. Each party agrees to pay its share of costs to close the transaction, which include but are not limited to,
recording fees, title commitment, surveys, and legal fees.
Lots (Attachment A) Purchase Timeline
Price
Lots Block 4-R Lot 8, Block 4-R Lot 9, and No later than July 31,
Block 4-R Lot 10, Jarvis Heights Apartments $40,000.00 2014
Addition
The City shall have the right to terminate the Agreement, if HistoryMaker fails to acquire the lots according
to the schedule above.
This project is located in COUNCIL DISTRICT 2, Mapsco 48Z.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Housing and Economic Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR91 451685 005206066000 $30,000.00
_._..............._.... -. _.. _ _ . .... __._..
Submitted for City Manager's Office by- Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Avis F. Chaisson (6342)
ATTACHivIENTS
HardySale.pdf
Proposed HardyHousePlans.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19909&councildate=6/10/2014 5/1/2015