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FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 44565
�IOFF�R��AR WHEREAS, on June 20, 2013, the City of Fort Worth ("City") and Tarrant County
� S Housing Partnership, Inc. ("Developer") made and entered into City Secretary Contract No.
44565 (the "Contract"), as authorized by the City Council in M&C C- 24714 which provided
City HOME funds for the development of 3 single family houses in the Hillside-Morningside
neighborhood;
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 through the
HOME Investment Partnerships Program, Catalog of Federal Domestic Assistance No. 14.239;
WHEREAS, Developer is qualified as a Community Housing Development Organization
or"CHDO" under the HOME Regulations;
WHEREAS, Developer requested HOME CHDO funds for the construction of a single
family house located at 1300 E. Jefferson to be sold to HOME Eligible Buyers under the terms
and conditions set forth in the Contract;
WHEREAS, City and Developer executed the First Amendment to the Contract to extend
the Completion Deadline and increase the construction budget for the house;
WHEREAS, once the house was completed, the amount of the Developer Fee could be
determined and City and Developer executed the Second Amendment to the Contract to amend
the definition of HOME Funds to clarify that it included the sum necessary for payment of the
Developer Fee;
WHEREAS, City and Developer executed the Third Amendment to the Contract after the
house was sold to a HOME Eligible Buyer to amend the construction budget to reflect the final
expenses for the project, including the actual amounts of each line item and the actual amounts
of the seller-paid closing costs as shown on the HUD-1 Settlement Statement;
WHEREAS, Developer incurred additional eligible expenses for the development of the
house that were not previously included in the Budget, and has requested an amendment to the
phase deadlines in Exhibit "B" — Project and Reimbursement Schedule Revised 2/2015 and
the line item amounts listed in Exhibit "C" — Budget Revised 2/2015 to allow payment of
development expenses not previously included;
WHEREAS, the environmental review for his house required noise mitigation which was
inadvertently not detailed in the Contract;
WHEREAS, City paid Developer 10% of the seller-paid closing costs as well as 10% of
the eligible project related development costs as Developer Fee but this amount was not included
in the amended definition of HOME Funds; and
WHEREAS, it is the mutual desire of City and Developer to amend the Contract to
complete the project and meet Contract objectives.
NOW THEREFORE, City and Developer hereby agree as follows:
OFFICIAL RECORD
CONTRACT AMENDMENT 4 to CSC No. 44565 CITY SECRETARY Page 1
Tarrant County Housing Partnership, Inc.— 1300 E.Jefferson Rev. 06/2016
FT.WORTH,TX
I.
Section 2. DEFINITIONS is amended to be and read as follows:
"HOME Funds means the HOME Program grant funds supplied by City to Developer
under the terms of this Contract, not to exceed $154,394.18, which includes the costs set forth in
Exhibit "C" —Budget and the Developer Fee.
II.
Exhibit "B" — Project and Reimbursement Schedule Revised 2/2015, Exhibit "C" —
Budget Revised 2/2015, and Exhibit "J" ENVIRONMENTAL MITIGATION ACTION
attached to the Contract are hereby replaced with Exhibit "B" — Project and Reimbursement
Schedule Revised 11/2015, Exhibit "C" — Budget Revised 11/2015, and Exhibit "J"
ENVIRONMENTAL MITIGATION ACTION Revised 11/2015 attached hereto.
III.
This Amendment is effective as of the Effective Date of the Contract.
IV.
All other terms and conditions of City Secretary Contract No. 44565 not amended herein
remain unaffected and in full force and effect, are binding upon the Parties, and are hereby
ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to
them in the Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CONTRACT AMENDMENT 4 to CSC No. 44565 Page 2
Tarrant County Housing Partnership, Inc.— 1300 E.Jefferson Rev. 06/2016
ACCEPTED AND AGREED:
ATTEST: O �0f? CITY OF FORT WORTH
O70 y: /�.�
City Secretary e 4 Fernando Costa, Assistant City Manager
M&C C-24714 Dat I *
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A ROVED AS TO FORM TY:
\^ 1
Paige Meba e, Assistant City Attorney
TARRANT COUNTY HOUSING
PARTNERS exas fit corporation
By:
o ss, Presid t
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CONTRACT AMENDMENT 4 to CSC No.44565 Page 3
Tarrant County Housing Partnership, Inc.— 1300 E.Jefferson Rev. 06/2016
EXHIBIT "B"
PROJECT AND REIMBURSEMENT SCHEDULE REVISED 11/2015
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
1300 E. JEFFERSON
Phase Activity Beginning Week—subject to
weather permitting
PHASE I ACTIVITIES: Contract signed
Land and/or Building Acquisition
Survey
PHASE I DEADLINE: $2,038.00
August 7,2013 1 1st Payment*
PHASE II ACTNIITES: Site Preparation
Architectural& Engineering Fees
Landscaping
Construction costs
PHASE II DEADLINE: 2°d Payment* $64,439.08*
September 18,2013
PHASE III ACTNIITES: Site Preparation
Architectural&Engineering Fees
Construction Costs&Fence
Utility hookup/Impact fees
PHASE III DEADLINE: 3rd Payment* $32,969.62*
June 30,2014
PHASE W ACTIVIITES: Construction costs
Utility hookup/Impact fees
PHASE IV DEADLINE: 4th Payment* $14,370.86*
August 30,2014
PHASE V ACTIVITIES: Utility hookup/Impact fees
Architectural&Engineering Fees
Landscaping
Construction Costs& Fence
PHASE V DEADLINE: FINAL PAYMENT* $26,004.22
July 30,2015
CONSTRUCTION TOTAL $139,821.78
DEVELOPER FEE** Paid after closing of sale to HOME $14,572.40**
Eligible Buyer
*Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change.
**10%of project related development costs as shown on Exhibit"C"-Budget.
CONTRACT AMENDMENT 4 to CSC No.44565 Page 4
Tarrant County Housing Partnership,Inc.-- 1300 E.Jefferson Rev.06/2016
EXHIBIT "C"
BUDGET REVISED 11/2015
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
1300 E. JEFFERSON
HOME Funds for Project Related Development Costs: $139,821.78
Developer Fee*: $ 14,572.40
TOTAL HOME FUNDS: $154,394.18
Development Budget
Use of Funds Source of Funds
Predevelopment Cost HOME$ OTHERS SOURCE OF OTHER TOTAL$
FUNDS FUNDS FUNDS FUNDS
(1) (2) (Names) (1+2)
1. Market Study
2. Feasibility(i.e.: preliminary work
write-up, cost estimates, design)
3. Other
Total Predevelo ment Cost(1+2=3)
Development Cost
4. Land and/or building acquisition 938.00 938.00
5. Site Preparation 5,920.00 5,920.00
6. Construction Cost 128,190.41 128,190.41
7. Fence
8. Landscape 750.00 750.00
9. Contingency
10. Appraisal
11. Architect& Engineering Fees 2,290.90 2,290.90
12. Construction Management Fee/
Developer Fee
13. Construction Loan Interest
14. Property Survey 1,300.00 Proceeds of Sale** 1,300.00
15. Legal Fees 150.50** Proceeds of Sale** 150.50
16. Real Estate Fees 4,800** Proceeds of Sale** 4,800**
17. Utility Hookup/Impact Fees 432.47 432.47
18. Title and Recording Fees 951.80** Proceeds of Sale** 951.80**
19. Construction Management
20. Bond Fees
Total Development Cost(Total of items 139,821.78 5,902.30 145,724.08
4-20
Total Cost 139,821.78 5,902.30 145,724.08
*Developer Fee shall be paid from HOME Funds by invoice after the closing of the sale of the house to a HOME
Eligible Buyer. The Developer Fee consists of 10% of the project related development costs.
"Seller-paid closing costs as shown on the HUD-1 Settlement Statement paid from gross sales proceeds from the
sale of the house.
CONTRACT AMENDMENT 4 to CSC No. 44565 Page 5
Tarrant County Housing Partnership, Inc.— 1300 E. Jefferson Rev. 06/2016
EXHIBIT "J"
ENVIRONMENTAL MITIGATION REQUIRED REVISED 11/2015
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
1300 E. JEFFERSON
HOME Funds may be reimbursed for exempt activities; however, HOME funds will not be paid,
and costs cannot be incurred until City has conducted and completed an environmental review of
the proposed project site as required under 24 CFR Part 58. The environmental review may result
in a decision to proceed with, modify, or cancel the project. Further, Developer will not
undertake or commit any funds to physical or choice limiting actions, including property
acquisition, demolition, movement, rehabilitation, conversion, repair or construction until
satisfactory completion of environmental review and receipt by City of an authorization to use
grant funds from HUD under 24 CFR Part 58.
EA MITIGATION MEASUREES AND CONDITION FOR PROJECT APPROVAL:
The noise level at the project exceeds 65 dB. The architect for the project should issue a letter
stating the typical materials that would be used to construct the house will attenuate the noise.
CONTRACT AMENDMENT 4 to CSC No.44565 Page 6
Tarrant County Housing Partnership, Inc.— 1300 E. Jefferson Rev. 06/2016