HomeMy WebLinkAboutContract 45057 (2)CUTY SE t TACOMIVA0T
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 Tarrant County Housing Partnership, Inc. (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 and qualified as a CHDO according to HOME Regulations and is
working to increase the number of quality, accessible, and affordable housing units
available to low and moderate income persons;
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 923 E. Allen, Fort Worth, TX 76104; for sale to a low to moderate income
homebuyer; and
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
and responsibilities contained herein, including all Exhibits and Attachments, and subject
to the terms and conditions hereinafter stated, the Parties understand and agree as
follows:
tEr) V tt. --'7"r , 2013
I'raKU ) RECORD
'SECRETARY
Ft WORTH, TX
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 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 recapture provisions for the
affordability periods described in 24 CFR Part 92.254 of the HOME Regulations.
The Affordability Period for the houses constructed under this Contract is 5 years.
The Affordability Period begins on the date the project status for the street
address of each of the house is changed to "complete" in IDIS and terminates 5
years later.
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:
o Proof of expense: copies of timesheets, invoices, leases, service contracts
or other documentation showing that payment is due by Developer.
o 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
"pass' inspections for such work; (iii) documentation showing compliance
with BDE or DBE bidding process for procurement or Contract activities, if
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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 project.
• 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.
Community Housing Development Organization or CHDO means the definition in 24
CFR 92.2 as amended from time to time:
(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 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;
(7) 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
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*
(8) Has a demonstrated capacity for carrying out activities assisted with HOME
funds;
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(9) Has a history of serving the community within which housing to be assisted
with HOME funds is to be located; and
(10) Has at least one full-time staff person
Completion means the substantial completion of each house as evidenced by a HED
Department Minimal Acceptable Standard Inspection Report, HUD Compliance
Inspection Report and all other applicable final inspection approval from the City.
Completion Deadline means October 25, 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 project -related development costs paid at closing
to Developer.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means the date this Contract is fully executed by the Parties as shown by
the date written under their respective signatures.
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
as adopted by the City Council.
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
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.
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HOME means the HOME Investment Partnerships Program.
HOME Ehgible 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 receives a minimum of $1,000.00 of down payment and/or closing cost
assistance in the form of a HAP loan. The definition of annual income to determine
whether a homebuyer qualifies to become a HOME Eligible Buyer shall be the definition
contained in 24 CFR Part 92.203(b)(1), as amended from time to time.
HOME Funds means the HOME Program grant funds supplied by City to Developer
under the terms of this Contract
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 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 under 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.
Principal Residence means the house purchased from Developer by a HOME Eligible
Buyer who will then 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.
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Property means, collectively, the 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 923 E. Allen Street Fort Worth, TX 76104. The
Required Improvements are part of an infill housing project in which Developer will
construct and sell single family houses in the Hillside-Morningside neighborhood to
HOME Eligible Buyers (the "project").
Reimbursement Request means all reports and other documentation described in
Section 10.
Sales Proceeds means the sales price of a house, minus construction loan repayment
(other than the HOME Funds), the Developer Fee and any common and customary
seller's closing costs as shown on the settlement statement for the sale of a house to a
HOME Eligible Buyer, 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 that it is within 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.
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 that it is within 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.
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4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide HOME Funds.
City shall provide up to One Hundred Seventeen Thousand and No/100 Dollars
($117,000.00) of HOME Funds for eligible expenses for the construction of the house in
the form of a forgivable deferred payment loan under the terms and conditions described
herein (the "Loan").
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 set forth 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 project costs with HOME Funds only if
City determines in its sole discretion that:
5.2.2.1 Costs are eligible expenditures in accordance with HOME
Regulations.
5.2.2.2 Costs are in compliance with this Contract and are reasonable
and consistent with industry norms.
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 HOME Funds 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.
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5.2.4 Change in Project 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 project.
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 project shall remain with City.
5.4 Identify Project Expenses Paid with HOME Funds
Developer will keep accounts and records in such a manner that City may readily
identify and account for project 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 Pavment of HOME Funds
Within 90 days of Completion of the final house to be constructed hereunder,
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 encumbering the Property prior to having any materials
delivered to the Property or commencing any work 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 a house to an Eligible HOME 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.
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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 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. City must approve in writing any
secured financing for the project 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 HOME
Eligible Buyers under the terms and conditions of this
Contract, (ii) all HOME Requirements are met, (iii) City
receives the Sales Proceeds from the sale of the house, and (iv)
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 by Developer shall require the review and prior
written approval of City for the purpose of ensuring
compliance with the HOME Requirements, which approval
shall not be unreasonably 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 HOME Eligible Buyers as
required by this Contract and the HOME Regulations. Developer must notify the City in
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writing if a 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. If a house is not sold to a HOME Eligible Buyer within 6 months of
Completion, then Developer shall pay 10% of the Loan amount to City as liquidated
damages. The Parties agree that City's actual damages in the event of the failure of the
house to be sold to a HOME Eligible Buyer within 6 months of Completion would be
difficult to ascertain and may include a finding by HUD, a repayment of funds to HUD
by City of otherwise impact the City's HOME grant or other Federal grant funds.
Therefore, the Parties agree that payment under this Section of 10% of the Loan amount
by Developer to City is liquidated damages and not a penalty.
5.8 HOME Requirements Survive Transfer.
Any sale or transfer of the Property by Developer during the Contract term, other
than a sale of a 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 the 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 certifies that it meets all the CHDO
requirements set forth in 24 CFR 92.2.
5.9.2 Status Reports.
Developer has a continuing duty to provide City with any documentation or
information in regard to its CHDO status. Developer shall provide City with any
information and documentation regarding any change in its status as a CHDO or as a
501(c)(3) tax exempt entity within 10 business day of said change. Developer shall
provide to City an annual board roster and certification of continued status as a CHDO by
January 30th of each year. The failure of Developer to maintain its status as a CHDO
shall result in the termination of this Contract.
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
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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
each house.
6.2 Applicable Laws. Buildint 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; and (v) must pass
a HUD Compliance Inspection Report and inspection by City's HED Department
inspectors.
6.3 Property Standards During Construction.
Developer shall comply with the following, as applicable, 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
investigation, 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.
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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 include 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 should 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 REOUIRED IMPROVEMENTS TO HOME ELIGIBLE BUYER.
7 1 Income Eligibility.
Homebuyer eligibility will be determined by the definition of annual income used
by 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 Part 92.254.
7.3 HOME Eligible Buyer.
All purchasers of a house must be HOME Eligible Buyers who qualify for and
receive a HAP Loan. Developer must verify that a prospective purchaser is a HOME
Eligible Buyer and must supply City with all information necessary to prove eligibility
for the HAP Loan prior to closing. 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 a 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
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certificate shall be an event of default.
7.3.1 HAP Participation.
All prospective purchasers of a house must apply for a HAP Loan of at least
$1,000.00 of down payment and/or closing cost assistance at least 60 days prior to
closing of the sale of a 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.
7.4 Sales Contract.
Developer shall provide City with a copy of a proposed sales contract for
approval for each HOME Eligible Buyer prior to execution. 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 5 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 five years. If Buyer continues to occupy the
Property as Buyer's principal residence for the full five year period, 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 a house to a HOME Eligible Buyer. The
HUD-1 shall show any homebuyer subsidies, the HAP Loan, the Developer Fee and the
Sales Proceeds to be returned to City. Developer shall not close the sale of a house
without receiving approval of the HUD-1 from City.
7.6 Deadline for Sale of Required Improvements.
Each house must be sold to HOME Eligible Buyers within 4 months of
Completion. Developer shall submit status reports to City regarding the sale of each
house. Failure to submit a status report or to sell a house within 4 months of Completion
shall be an event of default.
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 92.351 if the project involves the
construction of 5 or more houses. The procedures and requirements must include
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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.
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 7 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 described herein. 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 "B" — Budget at 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.
7.9 Sales Proceeds.
All Sales Proceeds shall be returned to City. Developer shall not receive any
funds from the closing of the sale of a house other than the Developer Fee unless agreed
to in writing by City.
8. ADDITIONAL HOME REOUIREMENTS.
Developer agrees to comply with all requirements of the HOME Program as
stated in the HOME Regulations, including, but not limited to the following:
8.1 Environmental Review.
HOME Funds will not be paid and costs cannot be incurred until City has
conducted and 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 (i) cause this Contract to terminate immediately, (ii)
require Developer to repay to City any HOME Funds received and forfeit any future
payments of HOME Funds, and (iii) Developer must pay 10% of the HOME Funds to
City as liquidated damages for violation of this Section. The Parties agree that City's
actual damages in the event of Developer violating this Section are uncertain and would
be difficult to ascertain and may include a finding by HUD, a repayment of funds to
HUD by City or otherwise impact the City's HOME grant or other Federal grant funds.
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Therefore, the Parties agree that payment under this Section of 10% of the Loan amount
by Developer to City is liquidated damages and not a penalty.
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 its
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.
After each monitoring visit City shall provide Developer with a written report of the
monitor's findings. 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 Comnliance with the Uniform Relocation Act.
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.
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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 project. 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 Intentionally Omitted.
9. RECORD KEEPING. REPORTING AND DOCUMENTATION
REOUIREMENTS, 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.
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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.
9.3 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 the Contract reflecting such
change if necessary.
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 REOUIREMENTS.
Developer shall provide City with Complete Documentation and the following
reports as shown in Exhibit ` F" — Reimbursement Forms with each Reimbursement
Request:
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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 project, if necessary; and
10.2.2 Proof that each expense was paid by Developer, which proof 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.
10.4 Withholding Payment.
10.4.1 IF COMPLETE DOCUMENTATION IS NOT RECEIVED,
CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS
CONTRACT.
10.4.2 CITY SHALL HAVE NO OBLIGATION TO MAKE PAYMENT
ON 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 30 calendar days.
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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 6 months of the
Effective Date. If Developer fails to begin construction of the house within 1 month 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
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.
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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:
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 HOMF 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
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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 (Hi) pursue any other legal remedies available to
City under this Contract or the Loan Documents.
11.5.2 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.
11.5.3 If this Contract terminates prior to the sale of the house to a HOME
Ehgible 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
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.
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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 shall not operate as a waiver of any subsequent breach of the same or any other
term, covenant or condition hereof.
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 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
11.12.2 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, 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 the Contract was made City
may terminate the Contract in its entirety.
11.13 Dissolution of Developer Terminates Contract.
In the event Developer is dissolved or ceases to exist, this Contract shall
terminate. 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.
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11.14 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
with HOME Funds used in the development of the Required Improvements including but
not limited to plans, drawings, surveys, renderings, construction documents and any other
real or personal property owned by Developer that was acquired or improved with
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 project does not meet
the requirements as set out in this Contract or in 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. If Developer takes any action that results in City receiving a finding
from HUD, whether or not repayment of all or any portion of the HOME Funds to
HUD is required of City, Developer agrees it will pay City 10% of the HOME Funds
as liquidated damages. The Parties agree that City s damages in the event of either
repayment to HUD being required or receiving a finding from HUD are uncertain and
would be difficult to ascertain and may include an impact on City s HOME grant or other
Federal grant funds, in addition to a finding by HUD or a repayment of funds to HUD by
City. Therefore the Parties agree that payment under this Section of 10% of the Loan
amount by Developer to City is liquidated damages and not a penalty.
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 notice from Developer and failure to make such
determination will constitute a waiver In the event of termination 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,
subcontractors, vendors, tenants, licensees or invitees.
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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 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,
shall he in Tarrant County, Texas.
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
purposes, constitutes the entire agreement by the Parties concerning the work and
services to be performed under this Contract. Any prior or contemporaneous oral or
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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 Partnership 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.0 sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
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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 Ouoted 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
sea.) 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 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 under 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 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD -assisted projects covered by Section
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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 certf 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 see the 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 cent( 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
Indian organizations and Indian -owned Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
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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:
14.11.3.1
Report to the City all applicants for employment, and all
applicants for employment by contractors and any
subcontractors on a quarterly basis. This shall include
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14.11.3.2
14.11.3.3
name, address, zip code, date of application, and status
(hired/not-hired) as of the date of the report.
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.
Report to the City all contracts awarded by contractors
and any subcontractors report on a quarterly basis. This
shall include name of contractor and/or subcontractor,
address, zip code, and amount of award as of the date of
the
14.12 Prohibition Aiainst Discrimination.
14.12.1 General Statement.
Developer, in the execution, performance or attempted performance of this
Contract, shall comply with all non-discrimination requirements of 24 CFR 92.350 and
the ordinances codified at Chapter 17 Article III, 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 the
ordinances codified at Chapter 17, Article III 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.
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:
rContractor's. Subcontractor's or Vendor's Namel 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
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orientation, gender identity, gender expression or transgender. [Contractor's,
Subcontractor's or Vendors Namel_ 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 or Subcontractor'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 Namel will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's
or Vendor's Namel _ 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 Namel covenants 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 Namel 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.
14.12.3 Developer's Contractors and 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 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
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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 conflict of interest or potential conflict of interest described above
immediately upon discovery of such.
14.13.2 No persons who are 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 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 C.F R. 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.
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 HOME Regulations. Such
documentation shall be made available promptly to City for review upon request.
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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, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
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 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 Surnlus 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
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.
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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 Majeure.
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
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,
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ACTIVITIES AND SERVICES OF THE PROJECT 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 OF THE PROJECT 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
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.
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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 $117,000 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 of the Contract and City may
at its option, terminate the 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
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.
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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
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.
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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 claim's 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 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 funds 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.
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.
CHDO SINGLE FAMILY CONTRACT
Tarrant County Housing Partnership, Inc. — 923 E Allen
Rev 10-29-13
Page 37
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: 817-3 92-776 5
Copy to:
Housing and Economic Development Department
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Assistant Director
Telephone: 817-392 7540
Copy to:
Housing and Economic Development Department
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Leticia Rodriguez, Project Coordinator
Telephone: 817-392-7319
Developer:
Tarrant County Housing Partnership, Inc.
3204 Collinsworth Street
Fort Worth, TX 76107
Attn Donna VanNess, President
Telephone: 817-924-5091, extension 110
CHDO SINGLE FAMILY CONTRACT
Tarrant County Housing Partnership, Inc. — 923 E Allen
Rev 10-29-13
Page 38
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
Tarrant County Housing Partnership, Inc — 923 E Allen
Rev 10-29-13
Page 39
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:
City Secretary
M&C C-25531
Dated 3/27/2013
APPROJVED AS TO F
CITY OF FORT WORTH
Fernando Costa, Assistant City Manager
Date:
AND LEGALITY:
Vicki Ganske, Senior Assistant City Attorney
STATE OF TEXAS
COUNTY OF TARRANT
/0/30//3
TARRANT COUNTY HOUSING
PARTNERSHIP, INC., a Texas non-profit
corporation
By:
Donna Wtaess,
Date: l ��' /
This instrument was acknowledged before me on
Fernando Costa, Assistant City Manager of the Cj*y of Fort Worth, on behalf the City of
Fort Worth.
_ .:
:•
•11.136;19
I . I. •. 1 •
I I • • • min la I I • Y Ie. IJ• 1 LJ Ir .I
EVONIA DANIELS
Notary Public, State of Texas
My Commission Expires
July 10, 2017
,
r o . JII. 1. • L -I • - J At qm-1 i a (lobe so AO e ' I . is
STATE OF TEXAS
ry Public, State of Texas
, 2013 by
COUNTY OF TARRANT §
This instrument was acknowledged before me on /0/ 30/ , 2013 by
Donna VanNess, President of Tarrant County Housing »artnership, Inc., a Texas
nonprofit corporation, on behalf of such corpo do
me
r
MATTIE L SANDERS
MY COMMISSION EXPIRES
Mph 17, 2014
Notary ublic, State of Texas
I
CHDO SINGLE FAMILY CONTRACT
Tarrant County Housing Partnership, Inc. — 923 E Allen
Rev 10-29-13
OFFICIAL RECORD Page 40
CITY SECRETARY
FT. WORTH, TX
EXHIBITS:
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
"A" — Project Summary — Scope of Work
"A-1" — Final Elevations, Plans and Specifications
"A-2" — Environmental Mitigation Action
"B" — Budget
"C" — Construction and Reimbursement Schedule
"D" — Audit Requirements
"E" — Loan Documents
"F" — Reimbursement Forms
"G" — HOME Project Compliance Report (Single Family)
"H" — Davis -Bacon Requirements - Federal Labor Standards Provisions
"I" — Section 3 Reporting Forms
"J" — Standards for Complete Documentation
CHDO SINGLE FAMILY CONTRACT
Tarrant County Housing Partnership, Inc. — 923 E Allen
Rev 10-29-13
Page 41
EXHIBIT "A"
PROJECT SUMMARY - SCOPE OF WORK
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
DESCRIPTION:
Developer will construct a 1,376 square foot, 3-bedroom, 2-bath single-family house on a lot size of
approximately 6 000 (range) square feet. Construction will include a one -car detached garage. Fencing
will be located at the rear and side yards Landscaping will include the front yard.
The construction of the house shall contain any reasonable and necessary accessibility requirements
requested by a disabled HOME Eligible Buyer If the cost of such accessibility requirements exceeds
the Budget for the construction of the house, such additional expense shall be paid by the HOME
Eligible Buyer.
Developer must provide the demographic information on the attached Exhibit "G"HOME Project
Comphance Report.
The following appliances and related amenities will be included in the sale of the house:
• Ceiling Fan(s) in 3 BR, 1 LR.
• Washer and Dryer hookups
• Central Air Conditioning
• Stove
• Dishwasher
• Vent -a -hood
• Garbage Disposal
• Electric Garage Door with Remote
• Mailbox located at door
• Refrigerator is not required to be furnished by Developer
The following materials shall be used for the construction of the house:
• Fence (back yard)
• Landscaping (front)
• Roofing Materials 3 TAB 25 YR
• Siding (percentage) 100%
• Foundation Type Post Tension
• HVAC 15 Seer Heat Pump
CHDO Funds — Exhibit "A" thru "A-2"
Tarrant County Housing Partnership, Inc. — 923 E Allen St. rev. 10-29-13
EXHIBIT "A-1"
FINAL ELEVATIONS, PLANS AND SPECIFICATIONS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit "A" thru "A-2"
Tarrant County Housing Partnership, Inc. — 923 E. Allen St. rev. 10-29-13
4.00-1 FRONT ELEVATION
4.00-3 SIDErf ELEVATION
ill
4.00-5 ALTERNATIVE FRONT ELEVATION
4.00-2 SIDE ELEVATION
4.00-4 REAR ELEVATION
I di
4.00
Pram
•
1
❑ 0
MOW
khan
Wee
ratan
Frig
.,�•:. „r • tfx
TWA
GROSS BLDG. AREA: 1535 SO. FT.
6.00-1 FLOOR PLAN 6.00.2 "IMAGE PLAN
i/M1f-P "IMAGE
I:R\
0
5.9
2.00-1 g! PLAN
2.09
EXHIBIT "A-2"
ENVIRONMENTAL MITIGATION ACTION
TARRANT COUNTY HOUSING PARTNERSHIP INC.
923 E. ALLEN
Not Applicable
CHDO Funds — Exhibit "A" thru "A-2"
Tarrant County Housing Partnership, Inc. — 923 E Allen St. rev. 10-29-13
EXHIBIT "B"
BUDGET
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
Total Cost: $ 117,000.00
Project HOME Funds Awarded: $_117,000.00
Operating Funds Awarded**: $
TOTAL AWARDED FUNDS: $ 117,000.00
HOME Funds will be paid only as reimbursement for eligible project expenses.
Development Budget
Use of Funds
Predevelopment Cost
1. Market Study
2. Feasibility (Le.: preliminary work
write-up, cost estimates, design)
3. Other
Total Predevelopment Cost (1+2=3)
Development Cost
4. Land and/or building acquisition
5. Site Preparation
6. Construction Cost
7. Fence
8. Landscape
9. Contingency
10. Appraisal
11. Architect & Engineering Fees
12. Construction Management Fee /
Developer Fee
13. Construction Loan Interest
14. Property Survey
15. Legal Fees
16. Real Estate Fees
17. Utility Hookup/Impact Fees
18. Title & Recording Fees
19. Program Related Expenses
20. Construction Management
21, Bond Fees
Total Development Cost (Total of items
4-21)
Total Project Cost
HOME $
FUNDS
(1)
2,100
3,100
99,200
4,300
2,100
2,500
500
3,200
117,000
117,000
Source of Funds
OTHER $ SOURCE OF
FUNDS OTHER FUNDS
(2) (Names)
475
250
4,680
780
6,250**
12,435
12,435
Proceeds of Sale
Proceeds of Sale
Proceeds of Sale
Proceeds of Sale
CHDO Operating
Funds**
TOTAL $
FUNDS
(1+2)
2,100
3,100
99,200
4,300
2,100
475
2,500
500
250
4,680
3,200
780
6 250**
129,435
129,435
**Developer and City will enter into a separate contract for CHDO Operating Funds. This amount is an estimate only and payment of
CHDO Operating Funds to Developer shall be governed in accordance with the terms and conditions of the CHDO Operating Fund
contract.
CHDO Funds — Exhibit B - Budget
Tarrant County Housing Partnership, Inc. — 923 E Allen rev. 10-28-13
Phase
EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
PHASE I ACTIVITIES:
PHASE I DEADLINE•
May 21
PHASE II ACTIVIITES:
PHASE II DEADLINE•
August 26
PHASE III ACTIVIITES:
PHASE III DEADLINE:
October 17
PHASE IV ACTIVIITES:
PHASE IV DEADLINE•
November 14
CONSTRUCTION TOTAL
Activity
Lot Acquisition
Lot Preparation (Demolition)
Plumbing
Foundation
1st Payment*
Framing
Roofing
Insultation
Siding / Brick
Top -out Plumbing, Electrical, HVAC
2°`t Payment*
Sheetrock, Tape/Bed/Texture/Trim-out
Paint
Cabinets, Countertops
HVAC, Plumbing, Electrical, Finish -
Out
3" Payment*
Landscape, Paving
Flooring
Appliances, Interior trim-out/finish
Construction Final Paymen
DEVELOPER FEE Paid at closing of sale to HOME
Eligible Buyer
*Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change.
** Prior to Reimbursement for Final Payment, Exhibit "G' - HOME Project Compliance Report must be submitted
Beginning Week — subject to
weather permitting
March 1, 2014
March 15
May 1
May 15
June 15
June 30
July 15
July 30
August 15
$36,400*
$38,500*
September 15
September 30
October 5
October 10
$28,500*
October 15
November 1
November 10
$13,600*
CHDO Funds — Exhibit C Construction and Reimbursement Schedule
*rant County Housing Partnership, Inc. — 92.3 E. Alien rev. 10-,29-13
$117,000*
$11,700
EXHIBIT "D"
AUDIT REQUIREMENTS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
Not Applicable
CHDO Funds — Exhibit D — Audit Requirements
Tarrant County Housing Partnership, Inc. — 923 E Allen rev. 10-29-13
EXHIBIT "E"
LOAN DOCUMENTS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit E — Loan Documents
Tarrant County Housing Partnership, Inc. — 923 E Allen rev. 10-29-13
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 Funds
Terms
Date: , 2013
Grantor: Tarrant County Housing Partnership, Inc., a Texas nonprofit corporation
Grantor's Mailing Address:
3204 Collinsworth Street, Fort Worth, Tarrant County, TX
Trustee: Vicki S. Ganske or Leann D. Guzman
Trustee's Mailing Address:
City Attorney's Office
City of Fort Worth
1000 Throckmorton St.
Fort Worth TX 76102
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 II
of the Cranston -Gonzales National Affordable Housing Act of 1990, as amended,
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E., Allen
Page 1
Rev.10-28-13
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: , 2013
Original Principal Amount: $117,000.00
Borrower: Tarrant County Housing Partnership, Inc.
Lender: City of Fort Worth
Terms of Payment: As provided in the Note
Maturity Date: , 2015
In addition, Obligations shall include compliance by Grantor with the
requirements of the HOME Program more particularly described in Section F.
below.
Property (including any improvements):
Lot , Block , Addition, an Addition to the City of Fort Worth,
Tarrant County, Texas, according to the Plat recorded in Volume , Page , Plat
Records, Tarrant County, Texas,
commonly known as923 E. Allen, Fort Worth, TX 76104.
Together with the following personal property:
All fixtures, supplies, building materials, and other goods of every
nature now or hereafter located, used, or intended to be located or used on
the Property;
All plans and specifications for development of or construction of
improvements on the Property;
All contracts and subcontracts relating to the construction of
improvements on the Property;
All accounts, contract rights, instruments, documents, general
intangibles, 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.
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.
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E., Allen
Page 2
Rev.10-28-13
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 recorded instruments other than
conveyances of the surface fee estate that affect the Property; liens described in
this Deed of Trust; and, taxes for the current year.
For value received and to secure performance of the Obligations, Grantor conveys
the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the
Property, subject to the Other Exceptions to Conveyance and Warranty. On performance
of the Obligations including payment of the Loan, if required by the Contract, and all
other amounts secured by this Deed of Trust and performance of the requirements of the
HOME Program, this Deed of Trust will have no further effect, and Lender will release it
at Grantor's expense.
Clauses and Covenants
A. Grantor's Obligations
Grantor agrees to-
1. keep the Property in good condition and repair;
2. pay all 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
("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.
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E., Allen
Page 3
Rev.10-28-13
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 first lien pay or cause to be paid
all prior lien notes pursuant to their respective terms and 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-
1. do or permit anything to be done that will impair the security of this Deed
of Trust.
B. Lender's Rights
1. Lender or Lender's mortgage servicer may appoint in writing a substitute
trustee, succeeding to all rights and responsibilities of Trustee.
2. If the proceeds of the Loan are used to pay any debt secured by prior liens,
Lender is subrogated to all the rights and liens of the holders of any debt so paid.
3. Notwithstanding the terms of the Note to the contrary, and unless
applicable law prohibits, all payments received by Lender from Grantor with respect to
the Obligations or this Deed of Trust may, at Lender's discretion, be applied first to
amounts payable under 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 discretion 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.
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;
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 4
Rev.10-28-13
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 which 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; and
d. purchase the Property at any foreclosure sale by offering the highest
bid and then have the bid credited on the Obligations.
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 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 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 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 not reasonably capable of being cured within 30 days, and if Grantor (a)
initiates corrective 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 event shall 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
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
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 5
Rev.10-28-13
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, including 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 required by law to be paid before payment to Grantor;
d. to Grantor, any balance; and
4. be indemnified, 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 this Deed of Trust, which includes all court and other costs, including
reasonable attorney s fees, incurred by Trustee in defense of any action or proceeding
taken against Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must
immediately surrender possession to the purchaser If Grantor fails to do so, Grantor will
become a tenant at sufferance 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 hens 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.
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
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 6
Rev.10-28-13
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 immediately give Lender notice of any actual
or known threatened proceedings for condemnation of all or 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, provided that (a) such proceeds are sufficient
to keep the Obligations in balance and rebuild the Property in a manner that provides
adequate security to Lender for repayment or performance of the Obligations or if such
proceeds are insufficient then Grantor shall have funded any deficiency, (b) subject to the
rights of senior lien holders, Lender shall 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 exists 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 manner that provides adequate security to Lender
for repayment of the remaining balance of the Obligations, and any excess proceeds shall
be paid to 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 obhgations as lessor or landlord with
respect to any occupant of the Property. Lender may exercise Lender's rights and
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
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 7
Rev.10-28-13
acceleration or required or permitted prepayment, any excess interest will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the
principal of the debt or, if the principal of the debt has been paid, refunded. This
provision overrides any conflicting provisions in this and all other instruments
concerning the debt.
9. In no event may this Deed of Trust secure payment of any debt that may
not lawfully be secured by a lien on real estate or create a lien otherwise prohibited by
law.
10. When the context requires, singular nouns and pronouns include the
plural.
11. The term Note includes all extensions, modifications, and renewals of the
Note and all amounts secured by this Deed of Trust.
12. Grantor agrees to (a) keep at Grantor's address, or such other place as
Lender may approve, accounts and records reflecting the operation of the Property and
copies of all written contracts, leases, and other instruments that affect the Property; (b)
prepare financial accounting records in compliance with generally accepted accounting
principles consistently applied; and (c), at Lender's request on reasonable notice from
time to time, permit Lender to examine and make copies of such books, records,
contracts leases, and 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
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
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 8
Rev.10-28-13
management ability being satisfactory to Lender; and (b) the grantee's executing, before
such sale, transfer, or other disposition, a written assumption 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 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.
Grantor may not cause or permit any Property to be encumbered by any hens,
security interests, or encumbrances other than the liens securing the Obligation and the
liens securing ad valorem taxes not yet due and payable and the Permitted Exceptions
without the prior written consent of Lender. If granted, consent may be conditioned upon
Grantor's executing, before granting such lien, a written modification agreement
containing any terms Lender may require, such as a principal pay down on the
Obhgations, an increase in the rate of interest payable with respect to the Obligations, an
approval fee, or any other modification of the Note, this Deed of Trust, or any other
instruments evidencing or securing the Obligations.
Grantor may not grant any lien, security interest, or other encumbrance (a
'Subordinate Instrument') covering the Property that is subordinate to the liens created
by this Deed of Trust without the prior written consent of Lender
If granted, consent for loans and documents may be conditioned upon the
Subordinate Instrument's containing 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
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
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E., Allen
Page 9
Rev.10-28-13
e. in the event of the bankruptcy of Grantor, all amounts due on or with
respect to the Obligations and this Deed of Trust will be payable in full
before any payments on the indebtedness secured by the Subordinate
Instrument.
Grantor may not cause or permit any of the following events to occur without the
prior written consent of Lender: if Grantor is (a) a corporation, the dissolution of the
corporation or the sale, pledge encumbrance, or assignment of any shares of its stock; (b)
a limited liability company, the dissolution of the company 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 Investor Member (c) a general partnership or joint
venture, the dissolution of the partnership or venture or the sale, pledge, encumbrance, or
assignment of any of its partnership or joint venture interests or the withdrawal from or
admission into it of any general partner or joint venturer; or (d) a limited partnership, (1)
the dissolution of the partnership (2) the sale, pledge, encumbrance, or assignment of any
of its general partnership interests, or the withdrawal from or admission into it of any
general partner, or (3) except for a limited partnership interest in a low income housing
project the withdrawal from or admission into it of any controlling limited partner or
partners. If granted, consent may be conditioned upon (a) the integrity, reputation,
character creditworthiness and management ability of the person succeeding to the
ownership interest in Grantor (or security interest in such ownership) being reasonably
satisfactory to Lender; and (b) the execution, before such event, by the person succeeding
to the interest of Grantor in 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 hen 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
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 this Deed of Trust or the Note,
Grantor and each surety, endorser, and guarantor of the Obligations waive all demand for
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 10
Rev.10-28-13
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.
21. Grantor agrees to pay reasonable attorney's fees, trustee s fees, and court
and other costs of enforcing Lender's rights under this Deed of Trust if this Deed of Trust
is placed in the hands of an attorney for enforcement.
22. If any provision of this Deed of Trust is determined to be invalid or
unenforceable, the validity or enforceability of any other provision will not be affected.
23. The term Lender includes any mortgage servicer for Lender.
24. Grantor represents that this Deed of Trust and the Note are given for the
following purposes:
Grantor expressly acknowledges 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 hens 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. 44563 between Grantor and Lender (the "Contract") which
requires the Note and this Deed of Trust. All advances made by Lender under the
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 deems reasonably necessary to protect
Lender's interests, Grantor will, on request of Lender, execute and deliver to Lender in
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 11
Rev.10-28-13
such form as Lender directs but subject to the rights of any senior lien holders,
assignments of any and all rights or claims that relate to the construction of
improvements on the Property
5. In case of breach by Grantor of the terms covenants and conditions of the
Contract, Lender, at its option, subject to applicable notice, grace and cure periods, with
or without entry on the Property, may (a) invoke any of the rights or remedies provided in
the Contract, (b) accelerate the amounts secured by this Deed of Trust and invoke the
remedies provided in this Deed of Trust or (c) do both.
F THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO THE
FOLLOWING CONDITIONS AND RESTRICTIONS:
The Note secured by this Deed of Trust is the Note required in the Contract
between Grantor and Lender and has been executed and delivered in accordance
with its terms. 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
Obligations described in the Contract evidenced by the Note and secured by this
Deed of Trust will be in default if the house is not sold to a HOME Eligible Buyer as
more particularly described 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.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E., Allen
Page 12
Rev.10-28-13
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.
TARRANT COUNTY HOUSING PARTNERSHIP, INC.,
a Texas nonprofit corporation
By:
STATE OF TEXAS
COUNTY OF TARRANT
Donna VanNess, President
This instrument was acknowledged before me on , 2013 by
Donna Van Ness, the President of Tarrant County Housing Partnership, Inc., a Texas
nonprofit corporation, on behalf of such corporation.
AFTER RECORDING RETURN TO:
City of Fort Worth
City Attorney's Office
Attention: Vicki S. Ganske
1000 Throckmorton Street
Fort Worth, Texas 76102
Notary Public, State of Texas
DEED OF TRUST — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E , Allen
Page 13
Rev.10-28-13
PROMISSORY NOTE
HOME Funds
Date: . 2013
Borrower: Tarrant County Housing Partnership, Inc.,
a Texas non-profit corporation
Borrower's Mailing Address:
3204 Collinsworth Street, Fort Worth, Tarrant County, TX 76107
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 Lender may designate in writing
Principal Amount: ONE HUNDRED SEVENTEEN THOUSAND AND NO/100
DOLLARS ($117,000.00)
Loan Authority:
The loan evidenced by this Note is being made pursuant to the HOME Investment
Partnerships Program authorized under Title II of the Cranston -Gonzalez National
Affordable Housing Act of 1990, as amended, 42 USC 12701 et seq. ("HOME
Program") and the HOME Investment Partnerships Program Final Rule, as
amended, 24 CFR Part 92 et seq. (the "HOME Regulations") with HOME funds.
Annual Interest Rate: Zero Percent (0%)
Maturity Date: , 2015
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.
This Note is the Note required in City Secretary Contract No. 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
PROMISSORY NOTE — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E. Allen
Page 1
rev 10-28-13
described in the Contract. The Loan evidenced by this Note will be in default if
the house is not sold to a HOME Eligible Buyer as more particularly described in
the Contract and in the event of such default, Lender may invoke any remedies for
default provided in the Contract or the Deed of Trust.
Security for Payment:
This Note is secured by a Deed of Trust of even date from Borrower to Vicki S.
Ganske or Leann Guzman, Trustee, which covers the following real property:
Lot , Block , Addition, an Addition to the City of Fort
Worth, Tarrant County, Texas, according to the Plat recorded in Volume ,
Page , Plat Records, Tarrant County, Texas,
commonly known as 923 E. Allen, Fort Worth, TX 76104.
Other Security for Payment: As set forth in the Contract.
Borrower promises to pay to the order of Lender the Principal Amount. 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
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 written notice of such default. If the
default is reasonably capable of being cured within 30 days, Borrower 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 not reasonably capable of being cured within 30 days, and if
Borrower (a) initiates corrective action within said period, and (b) diligently, continually,
and in good faith works to effect a cure as soon 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 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.
PROMISSORY NOTE — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E. Allen
Page 2
rev 10-28-13
Notices given to Borrower shall be in writing and delivered to the addresses listed
above, or to such other address as Borrower designates by written notice to Lender. Each
such notice or other communication shall be effective upon receipt when sent by U. S.
Mail, postage prepaid and by certified mail, return receipt requested; or by a nationally
recognized overnight delivery service.
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 from 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 by the Note and will be secured by any security for payment.
Borrower may prepay 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
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 representation in this Note or in
any other written agreement between Lender and Borrower or any Other Obligated Party
is materially false when made; (3) a receiver is appointed for Borrower, any Other
Obligated Party, or any property on which a lien or security interest is created as security
(the "Collateral Security") for any part of this Note; (4) any Collateral Security is
assigned for the benefit of creditors; (5) a bankruptcy or insolvency proceeding is
commenced by Borrower or an Other Obligated Party; (6) (a) a bankruptcy or insolvency
proceeding is commenced against Borrower or an Other Obligated Party and (b) the
proceeding continues without dismissal for 90 days, the party against whom the
proceeding is commenced admits the material allegations of the petition against it, or an
order for relief is entered; (7) any of the following parties is dissolved, begins to wind up
PROMISSORY NOTE — HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E. Allen
Page 3
rev 10-28-13
its affairs, is authorized to dissolve or wind up its affairs by its governing body or
persons, or any event occurs or condition exists that permits the dissolution or winding up
of the affairs of any of the following parties: (i) Borrower or (ii) an Other Obligated
Party; and (8) any Collateral Security is materially impaired by loss, theft damage, levy
and execution, issuance of an official writ or order of seizure, or destruction, unless it is
promptly replaced with insurance proceeds, collateral security of like kind and quality or
restored to its former condition.
The execution and delivery 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 provisions of the 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
Tarrant County Housing Partnership-923 E. Allen
Page 4
rev 10-28-13
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.
TARRANT COUNTY HOUSING PARTNERSHIP,
INC.
Donna VanNess, President
PROMISSORY NOTE —HOME CHDO FUNDS
Tarrant County Housing Partnership-923 E. Allen
Page 5
rev 10-28-13
EXHIBIT "F"
REIMBURSEMENT FORMS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit F — Reimbursement Forms
Tarrant County Housing Partnership, Inc. — 923 E Allen rev. 10-29-13
Attachment I
INVOICE
CHDO: Tarrant County Housing Partnership, Inc.
Project Site Address: 923 E. Allen, Fort Worth, TX 76104
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 G, 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: Tarrant County Housing Partnership. Inc.
LINE NO. CHECK NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Attachment II
EXPENDITURES WORKSHEET
EXPENSE DESCRIPTION
(Itemize each expense and attach invoices, receipts, cancelled checks, and other backup documentation to
verify that the costs are directly attributable to the Project and that the costs have actually been paid by
CHDO.)
TOTAL
Project Site Address: 923 E. Allen. Fort Worth. TX 76104
BUDGET LINE ITEM PAYEE AMOUNT
(From Exhibit C)
CHDO Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
SIGNATURE and DATE
EXHIBIT "G"
HOME PROJECT COMPLIANCE REPORT
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit G — HOME Project Compliance Report
Tarrant County Housing Partnership, Inc. — 923 E. Allen rev. 10-29-13
INnelopa: arrant Couun' Hamlin.. Purm.rluin. Inc.
Proic 1 Sac Address:
3
4
5
9
11
itl
12
13
14
15
16
17
I8
19
20
11
_1
23
24
;7
22
29
30
31
32
33
34
35
36
37
3A
39
40
41
42
43
44
45
46
47
48
Edakly
podkala Ow)
PROJL T COMPLIANCE REPORT: SINGLE FAMILY
4
sat
Obabkd UtWkam0
EXHIBIT "G"
Ull ono FU011 Ua41mk
(Only ebaow 1 of *a 4 ro4tmr) 0214
9.7
'S=i]50 5635.5$D
{'S21.9S1
2%500
100 Main
N44&20Q'
xsa0.000
D 44$53.650
A7$6"QO
EXHIBIT "H"
DAVIS BACON REQUIREMENTS - FEDERAL LABOR STANDARDS PROVISIONS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit H — HOME Project Compliance Report
Tarrant County Housing Partnership, Inc. — 923 E. Allen rev. 10-29-13
Exhibit "ITT"
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
U nited States of America and the following Federal Labor
S tandards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (I) Minimum Wages. All laborers and mechanics
e mployed or working upon the site of the work, will be paid
u nconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
S ecretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
u nder Section I(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(II) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classification
requested is not performed by a classification In the wage
determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
e mployed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
o f the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
n otify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
o f HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(III) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
n ecessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
n ecessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (I) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
n umber of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
o f contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section I(b)(2)(B) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
o r program described in Section I(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
e nforceable, that the plan or program is financially
responsible, and that the plan or program has been
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(II) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
o nly need to include an individually identifying number for
e ach employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
htto://www.dol.aov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete:
form HUD-4010 (06/2009)
Page 2 of 5 ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
e arned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
e quivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12,
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in Ns or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered in the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
Previous editions are obsolete
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at Tess than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(li) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at Tess than the
predetermined rate for the work performed unless they are
e mployed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
e xpressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
form HUD-4010 (06/2009)
Page 3 of 5 ref. Handbook 1344.1
the Employment and Training Administration shall be paid
n ot less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
e vent the Employment and Training Administration
withdraws approval of a training program, the contractor
w ill no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
u ntil an acceptable program is approved.
(III) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
o pportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
P art 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
o ther clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (I) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
Previous editions are obsolete
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(II) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(III) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
way the action of such Administration makes, utters or
publishes any statement knowing the same to be false
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
form HUD-4010 (06/2009)
Page 4 of 5 ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
S tandards Act, (Public Law 91-54, 83 Stat 96). 40 USC
1701 et sea.
(3) The contractor shall include the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
S ecretary of Housing and Urban Development or the
S ecretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
EXHIBIT "I"
SECTION 3 REPORTING FORMS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit I — Section 3 Reporting Forms
Tarrant County Housing Partnership, Inc. — 923 E. Allen rev. 10-29-13
E
H
Section 3 Summary Report
Economic Opportunities for
Low — and Very Low -Income Persons
Section back of page for Public Reporting Burden statement
1. Recipient Name & Address: (street, city, state, zip)
8. Date Report Submitted:
Part I. Employment and Training (
A
Job Category
Professionals
Technicians
Office/Clerical
Construction by Trade (List)
Trade
Trade
Trade
Trade
Trade
Other (List)
Total
Program Codes
1 = Flexible Subsidy
2 = Section 202/811
U.S. Department of Housings n
and Urban Development
Office of Fair Housing
And Equal Opportunity
2. Federal Identification: (grant no.)
4. Contact Person
6. Length of Grant:
9. Program Code:
(Use separate sheet
for each program code)
Columns B, C and F are mandatory fields. Include New
B C D
Number of
New Hires
Number of New
Hires that are
Sec. 3 Residents
3 = Publicllndian Housing
A = Development,
B = Operation
C = Modemization
Page 1 of 2
of Aggregate Number
of Staff Hours of New Hires
that are Sec. 3 Residents
F OMB Approval No: 2529-0043
(exp. 11/30/2010)
HUD Field Office:
3. Total Amount of Award:
5. Phone: (Include area code)
7. Reporting Period:
10. Program Name:
Hires in E &F)
E F
of Total Staff Hours Number of Section 3
for Section 3 Employees Trainees
and Trainees
4 = Homeless Assistance
5=HOME
6 = HOME State Administered
7 = CDBG Entitlement
8 = CDBG State Administered
9 = Other CD Programs
10 = Other Housing Programs
form HUD 60002 (6/2001)
Ref 24 CFR 135
Part II: Contracts Awarded
1. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project
B. Total dollar amount of contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving contracts
2. Non -Construction Contracts:
A. Total dollar amount all non -construction contracts awarded on the project/activity $
B. Total dollar amount of non -construction contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving non -construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward low -and very low-income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other; describe below.
Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low- and very -low income persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to
assess the results of the Department's efforts to meet the statutory objectives of Section 3 to prepare reports to Congress, and by
recipients as self -monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 form HUD 60002 (11/2010)
Ref 24 CFR 135
Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons.
Instructions: This form is to be used to report annual
accomplishments regarding employment and other economic
opportunities provided to low- and very low-income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any public and Indian housing
programs that receive: (1) development assistance pursuant to
Section 5 of the U.S. Housing Act of 1937; (2) operating assistance
pursuant to Section 9 of the U.S. Housing Act of 1937; or (3)
modernization grants pursuant to Section 14 of the U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance in excess of $200,000 expended for (1) housing
rehabilitation (including reduction and abatement of lead -based paint
hazards); (2) housing construction; or (3) other public construction
projects; and to contracts and subcontracts in excess of $100,000
awarded in connection with the Section-3-covered activity.
Form HUD-60002 has three parts, which are to be completed for
all programs covered by Section 3. Part I relates to employment
and training. The recipient has the option to determine numerical
employment/training goals either on the basis of the number of hours
worked by new hires (columns B, D, E and F). Part II of the form
relates to contracting, and Part III summarizes recipients' efforts to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very low-income persons.* A recipient of
Section 3 covered assistance shall submit one copy of this report to
HUD Headquarters, Office of Fair Housing and Equal Opportunity.
Where the program providing assistance requires an annual
performance report, this Section 3 report is to be submitted at the
same time the program performance report is submitted. Where an
annual performance report is not required, this Section 3 report is to be
submitted by January 10 and, if the project ends before December 31,
within 10 days of project completion. Only Prime Recipients are
required to report to HUD. The report must include
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field Office: Enter the Field Office name .
1. Recipient: Enter the name and address of the recipient
submitting this report.
2. Federal Identification: Enter the number that appears on the
award form (with dashes). The award may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Award: Enter the dollar amount, rounded to the
nearest dollar, received by the recipient.
4 & 5. Contact Person/Phone: Enter the name and telephone number
of the person with knowledge of the award and the recipient's
implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enter the appropriate date.
Submit one (1) copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity, at the same time the
performance report is submitted to the program office. The Section 3
report is submitted by January 10. Include only contracts executed
during the period specified in item 8. PHAs/IRAs are to report all
contracts/subcontracts.
The terms "low-income persons" and very low-income persons" have
the same meanings given the terms in section 3 (b) (2) of the United
States Housing Act of 1937. Low-income persons mean families
(including single persons) whose incomes do not exceed 80 percent of
the median income for the area, as determined by the Secretary, with
adjustments for smaller and larger families, except that
Pagel
8. Program Code: Enter the appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the "Program Code" in number 8.
Part I: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (i.e.
supervisors, architects, surveyors, planners, and computer
programmers). For construction positions, list each trade and provide
data in columns B through F for each trade where persons were
employed. The category of "Other" includes occupations such as
service workers.
Column B: (Mandatory Field) Enter the number of new hires for
each category of workers identified in Column A in connection with
this award. New hire refers to a person who is not on the contractor's
or recipient's payroll for employment at the time of selection for the
Section 3 covered award or at the time of receipt of Section 3 covered
assistance.
Column C: (Mandatory Field) Enter the number of Section 3 new
hires for each category of workers identified in Column A in
connection with this award. Section 3 new hire refers to a Section 3
resident who is not on the contractor's or recipient's payroll for
employment at the time of selection for the Section 3 covered award or
at the time of receipt of Section 3 covered assistance.
Column D: Enter the percentage of all the staff hours of new hires
(Section 3 residents) in connection with this award.
Column E: Enter the percentage of the total staff hours worked for
Section 3 employees and trainees (including new hires) connected
with this award. Include staff hours for part-time and full-time
positions.
Column F: (Mandatory Field) Enter the number of Section 3
residents that were trained in connection with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this
project/program that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non -Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Part III: Summary of Efforts — Self -explanatory
The Secretary may establish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the Secretary's findings such that
variations are necessary because of prevailing levels of construction costs
or unusually high- or low-income families. Very low-income persons mean
low-income families (including single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by the
Secretary with adjustments or smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 50 percent of
the median for the area on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family incomes.
form HUD 60002 (11/2010)
Ref 24 CFR 135
EXHIBIT "J"
STANDARDS OF COMPLETE DOCUMENTATION
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
923 E. ALLEN
CHDO Funds — Exhibit J — Standards of Complete Documentation
Tarrant County Housing Partnership, Inc. — 923 E. Allen rev. 10-29-13
FORT WORTH®
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 www.sam.gov 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.
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 (i.e. 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.
Housing and Economic Development
FINAL as of 4/24/2013 Page 1
FORT WORTH®
Standard of Documentation for Reimbursement of Development Costs
Construction Costs (Contractors &
Subcontractors)
Materials Purchased by Developer
Developer Fee
• Invoice
- 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 www.sam.gov 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.
• 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)
• 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 docs 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
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/27/2012
DATE: Tuesday, March 27, 2012
LOG NAME 17TCHP HILLSIDE\MORNINGSIDE 10
SUBJECT:
REFERENCE NO.: C-25531
Authorize Expenditure in the Amount of $1 115,000.00 of HOME Investment Partnerships Program Grant
Funds to Tarrant County Housing Partnership, Inc for the Development of Ten Single Family Houses in
the Hillside-Morningside Neighborhood, Authorize Execution of Conditional Commitments and Contracts
(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize substitution of funding years in order to meet commitment, disbursement and expenditure
deadlines for grant funds from the United States Department of Housing and Urban Development;
2. Authorize expenditure of $1,115,000.00 in HOME Investment Partnerships Program Grant funds as
allocated in the 2011-2012 Action Plan to Tarrant County Housing Partnership Inc a certified Community
Housing Development Organization for the development of up to ten single family houses in the Hiliside-
Morningside neighborhood;
3. Authorize execution of conditional commitments with Tarrant County Housing Partnership Inc., that
conditions funding, among other things, on satisfactory completion of HOME Investment Partnerships
Program requirements;
4. Authorize execution of contracts with the Tarrant County Housing Partnership, Inc., for the project for a
three year term beginning on the date of execution of the contract;
5. Authorize extension or renewal of the conditional commitment(s) or the contract(s) if Tarrant County
Housing Partnership, Inc. requests an extension and such extension is necessary for completion of the
project; and
6 Authorize amendment of the conditional commitment(s) or the contract(s) 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.
DISCUSSION:
On May 14, 2011 the City issued a Request for Proposals (RFP) for certified Community Housing
Development Organizations (CHDO) to award and expend up to $1,261,931.00 of HOME Investment
Partnerships Program Grant funds. On November 18, 2011 the Tarrant County Housing Partnership,
Inc., (TCHP) submitted a response requesting $617,884 00 of the available HOME funds to acquire 17
sites on which it proposed to construct single family houses. The request also included funds for CHDO
operating expenses
Logname: 17TCHP_HILLSIDEMORNINGSIDE_10 Page 1 of 3
Staff reviewed all RFP submissions and recommended the award to TCHP of $1,115,000 00 in HOME
funds to the Community Development Council (CDC) at its meeting held on May 25, 2011. The CDC
agreed with Staffs funding recommendation for the Project. Up to $100 000.00 of the awarded funds will
be used for operating expenses and $1,008,943 10 for construction of 10 houses and other development
expenses including the developer fee, which is based on the cost of construction.
TCHP plans to develop up to 10 single family houses to be located in the Hillside-Morningside
neighborhood. There are three floor plan options available varying in square footage from approximately
1300 to 1600 square feet with three bedrooms, two baths and a rear detached garage.
The houses will be sold to an individual or family that earns 80 percent or less of 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 and occupying
the house as their primary residence for five years.
City Staff recommends the followina Contract terms*
i. Construction must begin within six months of date of contract execution;
ii. TCHP's performance under the contract and use of the HOME funds will be secured by a recorded
Deed of Trust;
iii. Houses must be sold to a HOME eligible buyer; and
iv. TCHP will be allowed a 10 percent developer's fee based on the cost to construct the houses.
The expenditure of HOME funds is conditioned upon the following:
i Satisfactory completion of the environmental review per 24 CFR Part 58; and
ii. Authorization to use grant funds from HUD.
The Action Plan's funding years for federal funds selected may vary and be substituted based on the
principle of First In, First Out (FIFO) in order to expend oldest grant funds first The HOME funds may be
used for any eligible costs related to the development.
Staff recommends the expenditure up to $1,115,000.00 in HOME funds for the Project to benefit low and
very low income citizens by providing affordable housing. A public comment period on the expenditure of
these HOME funds was held from June 28, 2011 to July 27, 2011. Any comments are maintained by the
Housing and Economic Development Department in accordance with federal regulations.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
GR76 539120 017206531090
GR76 539120 017206531100
GR76 539120 005206123100
CERTIFICATIONS:
FROM Fund/Account/Centers
$100,000.00 GR76 539120 017206531030
$1,008,943.10 GR76 539120 017206531040
$6,056.90 GR76 539120 005206123970
$100,000.00
$1, 008, 943.10
$6,056.90
Logname: 17TCHP_HILLSIDt-4,MORNINGSIDE_10 Page 2 of 3
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 17TCHP.MAP.pdf (Public)
2. Additional Available Funds.odf (CFW Internal)
3. Available Funds.PDF (CFW Internal)
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Fabiola Suarez (6811)
Logname: 17TCHP_HILLSIDEMORNINGSIDE_10
Page 3 of 3