HomeMy WebLinkAboutContract 37710CITY SECRETARY 31 l
CONTRACT NO.
ASSIGNMENT
OF
CITY SECRETARY CONTRACT NUMBER 26207
STATE OF TEXAS §
COUNTY OF TARRANT §
I. Parties
This agreement for assignment and transfer of contract ("Assignment") is made
and entered into by and between the following parties:
• City of Fort Worth ("City") acting by and through Joe Paniagua, its duly
authorized First Assistant City Manager;
• Carter Metropolitan Community Housing Development Corporation ("Carter"), a
certified Community Housing Development Organization ("CHDO") acting by
and through Av• ;Yc*rAL et its duly authorized ;
and
• Fort Worth Housing Finance Corporation ("FWHFC") acting by and through Joe
Paniagua, its duly authorized Assistant General Manager.
II. Subject Matter
This Assignment concerns the assignment and transfer of City Secretary Contract
No. 26207, and all amendments and extensions thereto.
The City contracted with Carter in City Secretary Contract No. 26207 on
September 26, 2000 (M&C 6-12972). Carter was awarded $232,270.00 in HOME
funds from the City, which was funded through a grant of HOME Program grants
from the United States Department of Housing and Urban Development ("HUD").
Carter agreed to construct three (3) single family houses for low or moderate income
home buyers at scattered infill sites in neighborhoods in the southeast sector of the
City to promote revitalization. Carter experienced significant delays and City
Secretary Contract No. 26207 expired. Carter requested additional time from the City
to enable it to fulfill the terms of the original contract. The City Council approved the
execution of an additional contract to allow Carter more time to complete its goals
with the remaining funds left from City Secretary Contract No. 26207 but
appropriated no additional funds (M&C C48844). City Secretary Contract No.
27262 was executed on December 5, 2001 providing for the remaining $218,351 of
HOME funds and additional time. Carter again requested an extension and City
Secretary Contract No. 28239 was executed on December 5, 2002 to extend City
Secretary Contract 27262 for an additional year but made no other changes. City
Secretary Contract No. 29385 was executed on December 11, 2003 for the remaining
$21,116.36 in HOME funds and to authorize another year extension. City Secretary
Contract No. 31058 was executed on December 14, 2004 to provide for the -remaining-
$1,534.08 of HOME funds and to extend the time for performa' ce or nother ,ear,
CITY SECRETARY
FT. WORTHTX
The City provided Carter with all the HOME funds authorized under City Secretary
Contract 26207 through that contract and the amendments and extensions of it
described above (hereinafter sometimes referred to collectively as the "Contracts").
Of the three (3) houses that were to be constructed, two (2) have been constructed.
One (1) of those houses was sold to a HOME -eligible buyer and one (1) house
located at 2912 Walker Street is currently vacant and in disrepair.
Five (5) lots were acquired or assisted with HOME funds. HUD regulations
require that at least three (3) affordable houses be completed and sold to HOME -
qualified buyers to complete contract requirements and in addition, affordable houses
must be built on the vacant lots.
Carter, the City and FWHFC have agreed to have FWHFC complete the
development of the remaining affordable houses and to repair and sell the house at
2912 Walker Street.
The addresses of the real properties to be transferred by Carter to FWHFC are:
Vacant lots at.
• 1118 Tucker Street
• 802 East Magnolia
• 1139 Cannon Street
• 4521/4525 Trueland
House at:
• 2912 Walker Street,
III. Assignment of Interest in Contract
Carter, in consideration for relief from the obligations, duties and requirements
under the Contracts agrees to and by this Assignment grants and conveys to FWHFC all
right, title and interest now owned by Carter in the Contracts, including any remaining
monies resulting from any activities or projects related to the Contracts, and agrees to
execute and deliver Special Warranty Deeds to FWHFC for all real property which is the
subject of this Assignment.
Carter, City and FWHFC agree that all duties and requirements under the
Contracts shall be transferred to FWHFC, and FWHFC agrees to perform all the
obligations of Carter described in the Contracts. All the terms and provisions of the
Contracts which refer to the "contractor" shall now be considered to apply to FWHFC.
IV. Assignment and Transfer of Interest in Land
Carter, for the consideration set forth above, agrees to transfer, and hereby does
grant and convey to Fort Worth Housing Finance Corporation, all right, title and interest
in the following real property:
Vacant lots at.
1. 1118 Tucker Street
2. 802 East Magnolia
3. 1139 Cannon Street
4. 4521/4525 Trueland
House at:
5. 2912 Walker Street.
A11 the above properties are collectively referred to in this instrument as the "Assigned
Real Property" and are more particularly described on Exhibit "A", attached hereto and
incorporated herein for all purposes.
The transfer %J the Assigned Real Property shall be at no expense to Carter and all
expenses of closing shall be paid by FWHFC.
V. Warranty
Carter expressly warrants that it has good title to the Assigned Real Property, and
that the Assigned Real Property is free from prior encumbrances of any nature or kind,
aside from those set forth in separate title commitments issues by Alamo Title Company,
V I. Existing Liabilities
This Assignment is subject to all the requirements of the Contracts.
VII. Indemnity
Carter agrees to indemnify City and FWHFC for any liability to third parties
arising out of or in connection with the Contracts and the Assigned Real Property. No
indemnities of any nature or kind run from either City or FWHFC to Carter in connection
with this Assignment.
VIII. Bindin Eg ffect
This Assignment and all of its terms and conditions are binding on Carter, and its
successors and assigns and on City and FWHFC and their successors and assigns.
IX. Release of Any Claim Against City
In consideration of City's consent to the transfer of the duties and obligations under
the Contracts, and the other benefits received by Carter, Carter hereby waives,
releases and terminates any and all claims or right to claim, whether known or
unknown, against City and hereby agrees that it shall have no right or power to
bring any claim or pursue any cause of action against City based on any claim in
connection with the Contracts or in connection with the transfer of the Assigned
Real Property. Carter further hereby RELEASES, RELINQUISHES, and forever
DISCHARGES City, its successors, assigns, agents, officers, and employees, of and
from any and all claims, demands, actions and causes of action of any and every
kind and character, whether know or unknown, present or future, which Carter
may have against City, its successors, assigns, agents, officers, and employees,
arising out of or with respect to any and all transaction relating to the Contracts,
including any other loss, expense or detriment, or any kind or character, growing
out of or in any way connected with or in any way resulting from the acts, actions,
or omissions of City, its successors, assigns, agents, officers, and employees, and
including any loss, cost or damage in connection with any breach of fiduciary duty,
breach of any duty of fair dealing, breach of confidence, breach of funding
commitment, undue influence, duress, economic coercion, conflict of interest,
negligence, bad faith, malpractice, violations of the Racketeer Influenced and
Corrupt Organizations Act, intentional or negligent infliction of mental distress,
tortious interference with contractual relations, tortious interference with corporate
governance or prospective business advantage, breach of contract, deceptive trade
practices, libel, slander, conspiracy, or any other claim or cause of action,
X. Venue and Interpretation of Assignment Agreement
this agreement shall be construed in accordance with and governed by the laws of the
State of Texas and the United States of America. Venue shall be in Tarrant County,
Texas.
Where the context requires, singular nouns and pronouns include the plurals. Masculine
pronouns shall include feminine pronouns.
If any provision of this Assignment is held or determined by any court of competent
jurisdiction to be illegal, invalid, or unenforceable, such provision shall be fully severable
and the remaining provisions of this Assignment shall remain in full force and effect and
shall not be affected thereby.
This Assignment may be executed in multiple copies, each of which shall constitute an
original instrument, but all of which shall constitute one and the same agreement.
This Assignment represents the final agreement among 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 among the parties. Carter, FWHFC and
City each certifies that it is not relying on any representation, warranty, covenant or
agreement except what is set forth herein.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
SIGNED this %� day of 54 Lbw 2008.
AGREEMENT On behalf of Carter Metropolitan Community Development Corporation,
attest that I am signing this document in my capacity as
for Carter Metropolitan Development Corporation and that I have
authority to sign on behalf of Carter Metropolitan Development Corporation and that, for
the consideration set forth above, that by this endorsement, Carter Metropolitan
Development Corporation grants and conveys to Fort Worth Housing Finance
Corporation, all right, title and interest that it may have in City Secretary Contract
Number 26207 as amended and extended and that I hereby agree to the assignment and
all the terms and conditions set forth in this instrument.
Title
STATE OF T LXAS §
COUNTY OF TARRANT §
$E ORE ME, the undersigned on this day personally appeared y (Name)
Prd.... , (Title for Carter Metropolitan Community Development Corporation and
attested that he is authorized to sign on behalf of Carter Metropolitan Community
Development Company.- /_A� P proved to me through the
presentation of a valid Texas river's License to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that heAxecutQd the same for the
purposes and consideration therein expressed. Mr. lft furthermore
attested that he is signing this document in his capacity as for and on
behalf of Carter Metropolitan Community Development Corporation, and that such
capacity makes his signature valid and binding to Carter Metropolitan Community
Development Corporation,
GIVEN
UNDER MY HAND AND OF OFFICE, this day of
2008.
NO ARY OF P BLIC,
S. KEITN
s ar ►V884j? LOO N� PunitcSITl State of Texas
No1arY
l ®i - mission
OF TEXAS es03
l i z Commission FYp►res o3131112�
ACCEPTANCE: On behalf of Fort Worth Housing Finance Corporation, I, Joe Paniagua,
attest that I am signing this document in my capacity as Assistant General Manager for
Fort Worth Housing Finance Corporation and that I have authority to sign on behalf of
Fort Worth Housing Finance Corporation, and that, for the consideration set forth above,
Fort Worth Housing Finance Corporation agrees to be bound by all of the terms and
conditions of City Secretary Contract 26207, as amended and extended.
stant General Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned on this day personally appeared Joe Paniagua,
Assistant General Manager for Fort Worth Housing Finance Corporation and attested that
he is authorized to sign on behalf of Fort Worth Housing Finance Corporation. Joe
Paniagua proved to me through the presentation of a valid Texas Driver's License to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed. Mr.
Paniagua furthermore attested that he is signing this document in his capacity as Assistant
General Manager for and on behalf of Fort Worth Housing Finance Corporation, and that
such capacity makes his signature valid and binding to Fort Worth Housing Finance
Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �i�-day of
2008.
MARIA S. SANCHEZ
NOTARY PUBLIC
STATE OF TEXAS NO ARY OF PUBLIC,
My Comm, Exp.12-14.2009 State of Texas
0
CONSENT: On behalf of the City of Fort 'Worth, oe Paniagua, attest that I am signi
Wng
this document in my capacity as First Assistant City Manager for the City of Fort Worth
and that the City of Fort Worth consents to the transfer of City Secretary Contract 26207,
as now existina or as rnavibe amended.
Joe Paniag, First Assistant City Manager
APPR ED AS TO FO D LEGALITY:
Assistant City Attorney
ATTEST:
City Secretary
STATE OF TEXAS
COUNTY OF TARItANT
BEFORE ME,
Z
M&C: G-16081
Date: March 18, 2008
on this day personally
appeared Joe Paniagua, First Assistant City Manager of th�j City of Fort Worth, Texas,
known to me or proved to me on the oath of JOe g or through the
presentation of a valid Texas Driver's license, to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �� day
of , 2008.
y
MARIA S. SANCHEZ
NOTARY PUBIC
STATE OF j EXA 9
My Comm. EXP•
r
NOTARY PUBLIC, State of T
oFFlclAl! REcoR�
CITY SECRETARY
FT, WORTH, TX
EXHIBIT "A"
PROPERTY ADDRESS LEGAL DESCRIPTION
2912 Wct %el Street Grover Hill Addition Bllc 1 Lot 9A
1118 E Tucker Street Union Depot Addition Bllc 23 Lot 5
802 East Magnolia Ryan, J C Subdivision Blk 2 E 1/2
Lots 21 & 22
1139 Cannon Street Union Depot Addition Blk 25 Lot 11
4521/4525 Trueland Trueland Addition Bllc 5 Lot 13A
and Lot 13B
Page 1 of 2
• •; •
• . • • •
DATE: Tuesday, March 18, 2008
LOG NAME: 05CARTERMETRO
SUBJECT:
Approval of Assignment of Carter Metropolitan Community
City Secretary Contract No. 26207, and Transfer of Title
Housing Finance Corporation to Complete Fulfillment of
Program Requirements
RECOMMENDATION:
It is recommended that the City Council:
REFERENCE NO.: G-16081
Development Corporation Duties under
of Certain Properties to the Fort Worth
HOME Investment Partnerships Grant
1. Approve the assignment of duties by Carter Metropolitan Community Development Corporation to the
Fort Worth Housing Finance Corporation for City Secretary Contract No. 26207, funded through the HOME
Investment Partnerships Grant Program;
2. Approve the transfer by the Community Development Corporation of five residential lots and one
completed house located at 2912 Walker Street, Fort Worth, Texas, to the Fort Worth Housing Finance
Corporation to complete fulfillment of regulatory requirements of the United States Department of Housing
and Urban Development;
3. Approve the transfer of $48,000 in undesignated funds from the Rental Rehabilitation Program Income
Fund to the Fort Worth Housing Finance Corporation to be used to complete the 2912 Walker Street
project;
4. Amend the Contract to include the $48,000 for repair costs for 2912 Walker Street, to extend the time of
performance, and include any other terms necessary to complete regulatory requirements; and
5. Authorize the City Manager or his designee to execute such legal documents as may be necessary to
implement this assignment of the Contract to Fort Worth Housing Finance Corporation on behalf of the City,
and any necessary amendments and modifications as may be necessary to ensure fulfillment of Housing
and Urban Development regulatory requirements.
DISCUSSION:
Carter Metropolitan Community Development Corporation (CDC), a certified Community Housing
Development Organization (CHDO), contracted with the City of Fort Worth in December, 2001, to construct
three single-family houses for low or moderate income homebuyers at scattered infill sites in neighborhoods
throughout the southeast sector of the City to promote revitalization. The Contract was funded through a
$230,000 grant of HOME Program grants from Housing and Urban Development (HUD). The City has to
date provided the CDC with all HOME funds authorized by the Contract. Two houses have been
constructed and one sold, one house is currently vacant and in disrepair, and five lots were acquired or
otherwise assisted with HOME funds. HUD regulations require that at least 3 homes be completed to fulfill
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/7/2008
Page 2 of 2
Contract requirements, and that affordable homes be built on all the lots.
The CDC has negotiated an agreement with the City Housing Department to allow the Fort Worth Housing
and Finance Corporation (FWHFC) to complete development of the remaining affordable houses, and to
repair and sell the house at 2912 Walker Street. As HUD guidelines do not allow use of additional federal
grant funds or HOME program income for repair of the Walker Street property, it is recommended that
$48,000 in available funds from the Rental Rehabilitation Income Fund be allocated for this purpose, and
that the Contract be amended to include the use of these funds. In addition, the CDC will also provide
FWHFC with all remaining proceeds from the sale of the first house constructed, to be used to construct the
third required housing unit.
Vacant lots presently owned by the CDC at 1118 Tucker Street, 802 East Magnolia, 1139 Cannon Street,
and 4521/4525 Trueland will be conveyed to the FWHFC as part of the Contract assignment.
Approval of this action will ensure that all HUD regulatory requirements are met for the HOME funds
expended.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the recommendations, funds will be available in the
current operating budget of the Fort Worth Housing Finance Corporation (FWHFC).
TO Fund/AccountlCenters FROM FundlAccount/Centers
GR92 539120 005206078060 $48,000.00 GR92 539120 005206078010 $48,000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Joe Paniagua (6191)
Jerome Walker (7537)
Charlie Price (7381)
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