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HomeMy WebLinkAboutContract 45042-A1 CITY SECRETARY FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45042 WHEREAS, on October 25, 2013 the City of Fort Worth ("City") and Fort Worth Housing Finance Corporation ("Developer") made and entered into City Secretary Contract No. 45042 (the "Contract) as authorized by the City Council in M&C's C-23887 adopted on November 3, 2009; and C-24444 adopted on September 14, 2010; WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development ("HUD") through the HOME Investment Partnership Program, Catalog of Federal Domestic Assistance No. 14.239 ("HOME funds"); WHEREAS, the purpose of the Contract was to provide $988,870.00 in the form of a forgivable deferred payment loan of HOME Funds for acquisition of lots and construction of up to 10 single family houses in the Terrell Heights Neighborhood that will be available for sale to low and moderate income homebuyers; WHEREAS, the Developer has requested an amendment to the Completion Deadline and dates listed on Exhibit"C" -Construction and Reimbursement Schedule due to construction delays; and WHEREAS, it is the mutual desire of City and Developer to amend the Contract to meet Contract objectives. NOW, THEREFORE, City and Developer hereby agree to amend the Contract as follows: I. Completion Deadline means October 25, 2017 Exhibit "C"—Construction and Reimbursement Schedule attached to the Contract is hereby replaced with the attached Exhibit "C"—Construction and Reimbursement Schedule Revised 01/2016. 11• This Amendment is effective as of the Effective Date of the ContractIt#- All III.terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] HOME DEVELOPER CONTRACT CSC No.45042-A1 Page 1 Fort Worth Housing Finance Corporation—Terrell Heights Rev.01/16 ACCEPTED AND AGREED: ATTEST.-0 � �iTY OF FORT WORTH ity Secr ando Costa,Assistant City Manager M&C C-23887 Date: November 3,2009 � a M&C C-24444 Date: September 14, 2010 .-� RAS ROVED AS TO FORM AND LEGALITY: Vicki S.Canske, Senior Assistant City Attorney DEVELOPER: FORT WORTH HOUSING FINANCE CORPORATION, a Texas housing fin corporation By: / Aubrey-Tldgard, Assistant General Manager Date: 3 OFFICIAL RECORD CITY SECRETARY Mr. WORTH,TX HOME DEVELOPER CONTRACT CSC No.45042-A1 Page 2 Fort Worth Housing Finance Corporation—Terrell Heights Rev. 01/16 M � bA� a � x 0 0 0 0 0 0 0 0 ss es 0 rn 6s bl9 6s M bs A F, W H � � ^ U � z � PIZ o a > a Cd tb tw Q rn " cn � � bA C/1 os Z 'C kn (40 cn bb bDo o a (p O aj p to W a� 03v U c F v' cC rA cn E- L U G O L t/1 E.y ri W •U [� U U U o p °En � w ca o 0 0 00 0 0 0 o O O 0 O O M V� O O O Cf? 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A � � o tl- A v W e Z P4 . z Q ciq.C i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/14/2010 DATE: Tuesday,September 14,2010 REFERENCE NO.: C-24444 LOG ��NAME: 17HFC TERRELLHTINFILLADDITIONALFUNDS SUBJECT k .: Authorize the Transfer of an Additional$488,870.00 of HOME Investment Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation for the Development of Single Family Homes in the Terrell Heights Neighborhood for a Total Not to Exceed$988,870.00(COUNCIL DISTRICT 8) RECOMMENDATION: ENDATION: It is recommended that the City Council authorize the transfer of an additional$488,870.00 of HOME Investment Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation to be used for targeted infill housing in the Terrell Heights neighborhood. DISCUSSION: The United States Department of Housing and Urban Development(HUD)approved the City's 2009-2010 Action Plan which allocated$500,000.00 of its HOME Investment Partnerships Program Grant funds for targeted infill housing in the Terrell Heights neighborhood.On November 3,2009, the City Council approved a contract with the Fort Worth Housing Finance Corporation(FWHFC)for construction of single family infill houses in Terrell Heights and the transfer of the HOME funds(M&C C-23887).The FWHFC Board approved a resolution to enter into a contract with the City and to accept the$500,000.00 in City HOME funds on November 3,2009(Resolution No.FWHFC-2009-12).The Terrell Heights neighborhood is located in southeast Fort Worth bounded by Rosedale on the south,Interstate Highway 35 on the west and Hattie Street on the north. The City has allocated an additional$488,870.00 of HOME funds in its 2010-2011 Annual Action Plan for a total of$988,870.00 for the project.The FWHFC Board approved a resolution accepting the addtional HOME funds for the project on June 8,2010(Resolution No.FWHFC-2010-09). Staff recommends that the contract with the FWHFC be for an amount not to exceed$988,870.00 of the City's HOME funds.It is estimated that the project will produce 11 single family houses to be sold to HOME—eligible buyers.The FWHFC will issue a Request for Proposal(RFP)for the construction or rehabilitation of the houses.This project will conform to the City's Minority and Women Business Enterprise (M/WBE)ordinance. 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.This expenditure of HOME funds is conditioned upon satisfactory completion of the environmental review per 24 CFR Part 58 and the authorization to use grant funds from HUD. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget,as appropriated,of the Grants Fund. HIND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 21 R109 451727 005109005117 1488.870.00 GR76 539120 017206461060 $488.870.00 CERTIFICATIONS: Submitted for City Manag rr''� ffl by: Thomas Higgins (6140) ,Originating Doartment Head: Jay Chapa (6192) Additional Information Contact: Cynthia Garcia (8187) Fabiola Suarez (6811) ATTACHMENTS 1.GR76 5zzzzz 017206461060`c 2.Terrell Heights Neighborhood.JPG City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/3/2009 DATE: Tuesday,November 03,2009 REFERENCE NO.: C-23887 LOG NAME: 17HFC TERRELLHTINFILL SUBJECT: Authorize the Transfer of$500,000.00 of HOME Investment Partnership Grant Funds to the Fort Worth Housing Finance Corporation for Infill Housing in the Terrell Heights Neighborhood and Authorize the Execution of a Contract RECOMMENDATION: It is recommended that the City Council: 1.Authorize the transfer of funds in an amount not to exceed$500,000.00 from HOME Investment Partnership Grant Funds to the Fort Worth Housing Finance Corporation to be used for targeted infill housing in the Terrell Heights neighborhood; 2.Authorize the City Manager,or his designee,to execute a contract with the Fort Worth Housing Finance Corporation for the project with a two year term beginning on the date of execution of the contract; 3.Authorize the City Manager,or his designee,to extend or renew the contract for up to one year if the Fort Worth Housing Finance Corporation request an extension and such extension is necessary for completion of the project;and 4.Authorize the City Manager,or his designee,to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. DISCUSSION: In the City's 2009-2010 Annual Action Plan submitted to the United States Department of Housing and Urban Development(HUD),the City proposed the allocation of$500,000.00 of its HOME Investment Partnership(HOME)Grant funds for targeted infill housing in the Terrell Heights neighborhood located in southeast Fort Worth bounded by Rosedale on the south,Interstate Highway 35 on the west and Hattie Street on the north.HUD approved the allocation of HOME funds for this project.The entire area has an historic overlay and is adjacent to the Evans and Rosedale Urban Village.Due to the large number of vacant lots, proximity to Downtown and location in a Neighborhood Empowerment Zone(NEZ),staff has targeted this neighborhood for the construction or reconstruction of single—family,quality,accessible,affordable housing. Staff recommends executing a contract with the Fort Worth Housing Finance Corporation(FWHFC)to use up to$500,000.00 in the City's HOME funds for the acquisition of lots and improved properties for the construction or reconstruction of up to five houses.The FWHFC will issue a Request for Proposal(RFP)for the construction or reconstruction of the houses.This project will conform to the City's Minority and Women Business Enterprise(M/WBE)ordinance. 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.This expenditure of HOME funds is conditioned upon satisfactory completion of the environmental review per 24 CFR Part 58 and the authorization to use grant funds from HUD. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated,of the Grants Fund. FUND CENTER: TO Fun /Acccoynt/ nterc FROM Fund/Account/Centers 2)R109 476076 005109005117 $500.000.00 GR76 538040 017206351060 $500.000A0 R109 539120 005109005117 $500.000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Thomas Higgins (6140) Originating De r wentHead: Jay Chapa (6192) Cynthia Garcia (8187) Additional Information Contact: Janay Tieken (7550) ATTACHMENTS 1.accounting email.pdf 2.Available.Funds.PDF 3.Terrell Heights NeighborhoodIP