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Home My WebLink AboutContract 44563-A1 (2)�� E�� ' �. � �%' `lr' '� FIRST AMENDMENT TO CITY SECI2ETARY CONTRACT NO. 44563 WHEREAS, on June 20, 2013 the City of Fort Worth ("City") and Tai7ant County Housing Partneiship, Inc. ("Developer") made and entered into City Secretaiy Contract No. 44563 (the "Contract"), as authorized by the City Council in M&C C-24293 adopted on June 22, 2010 which provided $145,000.00 of City's HOME funds to Developer for the development and construction of 1 single family house in the Hillside-Morningside neighborhood (the project); WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Depai�tment of Housing and Urban Development ("HUD") tluough the HOME Investinent Partnership Program, Catalog of Federal Domestic Assistance No. 14.239; WHEREAS, a portion of the City's HOME funds are reserved for the use of certain housing development entities that qualify under the HOME Regulations as a Cormnunity Housing Development Organization ("CHDO") and Developer is qualified as a CHDO under the HOME Regulations; WHEREAS, Developer requested $114,900.00 of HOME CHDO funds for the construction of a single family house located at 1307 Elmwood to be sold to HOME Eligible Buyers under the terms and conditions set forth in the Contract; WHEREAS, the proposed budget for the house was prepared in 2011 based on estimates of costs at that time, but due to increases in acquisition costs, development costs and construction costs, as well as other additional unanticipated costs not included in the estiinates on which the Budget was based, Developer has requested an additional $11,543.00 of HOME Funds to complete the house; WHEREAS, Developer has requested an amendment to the line item amounts listed in Exhibit "B" Project and Reimbursement Schedule and in Exhibit "C" - Budget due to unforeseen additional costs for the project; WHEREAS, it is the mutual desire of City and Developer to amend the Contract to complete the project and meet Contract objectives. NOW THEREFORE, City and Developer hereby agree as follows: I. Section 2. DEFINITIONS is amended to be and read as follows: "Completion Deadline means September 30, 2014." II. Section 4.7 is amended to be and read as follows: CONTRACT AMENDMENT 1 to CSC No. 44563 Tarrant County Housing Partnership, Inc. — 1307 Elmwood (��FICIf ' '�� ,r c:�)(�D Pc��e.,l , �,?� ��f� ��f ��Rev�. 'T-��"�� .��i��hliuy J� "4.7 Developer Fee. Developer shall i•eceive a fee of 10% of the total eligible development costs actually spent to complete the Required Iinprovements in accordance with the terms of this Contract ("Developer Fee"). The Developer Fee shall be paid at the closing of the sale of the Required Improvements to a HOME Eligible Buyer." III. Section 7.1.1 is amended to be and read as follows: "7.1.1 Reimbursement of HOME Funds. City will reimburse Developer up to $126,443.58 of HOME Funds for eligible expenses (excluding the Developer Fee) related to construction of the Required Improvements, so long as such eligible expenses are in conformance with Exhibit "B" — Project and Reimbursement Schedule and Exhibit "C" - Budget and sufficiently proved by Complete Documentation." IV. The iirst sentence of Section 14. INSURANCE AND BONDING is amended to be and read as follows: "Developer will maintain coverage in the form of insurance or bond in the amount of $126,443.58 to insure against loss from the fraud, theft or dishonesty of any of Developer's officers, agents, trustee, directors or employees." V. Exhibit "B" - Project and Reimbursement Schedule and Exhibit "C" - Budget attached to the Contract are hereby replaced with Exhibit "B" - Project and Reimbursement Schedule Revised 7/2014 and Exhibit "C" - Budget Revised 7/2014 attached hereto. VI. This amendment is effective as of the Effective Date of the Contract except the amendment to Section 14 is effective as of the date of this amendment. VII. All other terms and conditions of City Secretary Contract No. 44563 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have ineanings assigned to them in the Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] CONTRACT AMENDMENT 1 to CSC No. 44563 Page 2 Tari•ant County Housing Partnership, Inc. — 1307 Ehnwood Rev. 7-29-14 �� ACC�PTED AND AGREED �`�oo°°� ) �g ATTE T: - �-- �0 P �� O / /('�a O � ;�1y- ,Y o��n400�� ity Secr t� ( ' `� . :��y- �� `��yZ �3.:.`�'�.:/-Y, M&C C- � 293 Date: 6/22/2010 C �� F FORT WORTH Fernando Costa, Assistant City Manager APPROVED AS TO FOR AND L�GALITY: �. � �,�� : /��r� Vicki S. Ganske, Senior Assistant City Attorney STATE OF TEXAS . me on _�, 2014 by C,ity of Fort orth, on behalf the City of Fort COUNTY OF TARRANT This instrument was acknowledged before Fernando Costa, Assistant City Manager of the Worth. , EVVNIA �ANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 Public, State of Texas TARRANT COUNTY HOUSING PARTNERSHIP, a Texas on-profit corporation By: es ' ent STAT� OF T�XAS COUNTY OF TAI2RANT . ' \ i- , ��'` 2014 by This instrument was acknowledged before me on�� y�i, l. ;��, _. �%�,' � , Donna VanNess, President of Tarrant County Housing a tnershi�;�Inc., a Texas non-profit corporation, acting on behalf of such corporation. �� . i' � �,, ��F� - ;'�'J�`��i �/%'� ;{;� ,�� ; �. ��-- ��'"� Notary Public, State,�f Texas / ,,`o;F"'P��.',�., ROSE MARY RODRIGUEZ � PJc;!ary Public, State of Texas �i '.f-y.�;:, My Commission Expires :,�,� `nr ``, : �-%,,,,,,,,, April 18, 2015 CONTRACT AMENDMENT 1 to CSC No. 44563 Tarrant County Housing Partnership, Inc. — 1307 Elm�vood , 9F�I�Of�L RECOitD �1�('�a' �' RE'TARY ��i�lE�� 'Q'X n EXHIBIT "B" PROJECT AND REIMBURSEMENT SCHEDUL� REVISED 7/2014 TARRANT COUNTY HOUSING PARTNERSHIP, INC. 1307 Elmwood Phase Activity Beginning Weelc— subject to weather ermittin PHASE I ACTIVITIES: Contt�act signed Land and/or Building Acquisition Sulvey PHASE I DEADLINE: $2 758.58 Au ust 7, 2013 lst Pa ment* ' PHASE II ACTIVIITES: Site Preparation Architectlu�al & Engineering Fees Landscaping Consh-uction costs PHASE II DEADLINE: 2"d paymentX $66,100.02Y Se tember 18, 2013 PHASE III ACTIVIITES: Site Preparation Architectural & Engineering Fees Construction Costs & Fence Utility hoolcup/Impact fees PHASE III DEADLINE: 3'��' payment* $34,701.31Y June 30, 2014 PHASE N ACTNIITES: Construction costs Utility hoolcup/Iinpact fees PHASE IV DEADLINE: 4"' paymentx $16,063.12X Au ust 30, 2014 PHASE V ACTIVITIES: Utility hoolcup/Impact fees Architectiu�al & Engineering Fees Landscaping Construction Costs & Fence PHASE V DEADLINE: rINAL PAYIVIENT�� $6,820.SSYY Se tember 30, 2014 CONSTRUCTION TOTAL �126,443.58 DEVELOPER FEE paid at ciosing of sale to HOME $12,644.36 Eli ible Bu er *Developer will be reimbursed for eligible expenses only. The amounts are estunates and are subject to change. ** Prior to Reunbtn-sement for Fulal Pa ment, �xhibit "G" HOME Pro'ect Com liance Re ort must be submitted CONTRACT AMENDMENT 1 to CSC No. 44563 Page 4 Tan�ant County Housing Partnership, Inc. — 1307 Ehnwood Rev. 7-29-14 EXHIBIT "C" BUDGET I2EVISED 7/2014 TARIZANT COUNTY HOUSING PARTNERSHIP, INC. 1307 ELMWOOD Total Cost: $126,443.58 Project IIOME Funds Awaz•ded: $126,443.58 TOTAL AWARDED FUNDS: $126,443.58 HOME Funds will be paid only as reimbursement for eligible pr•oject expenses. Development Budget Use of Funds Source of Funds Predevelopment Cost HOME $ OTHER $ SOURCE OF TOTAL $ FUNDS FUNDS OTHER FUNDS FUNDS (1) (2) (Names) (1+2) 1. Market Study 2. Feasibility (i.e.: preluninary work write-u , cost estimates, design) 3. Other Total Predevelo ment Cost 1+2=3) Develo ment Cost 4. Land and/or building ac uisition 2,758.58 2,758.58 5. Site Pre aration 3,100 3,100 6. Const�•uction Cost 107,374.42 107,374.42 7. Fence 4,300 4,300 8. Landsca e 2,100 2,100 9. Contin ency 10. Appraisal 475 Proceeds of Sale 475 ll. As�chitect & Engineering Fees 2,500 2,500 12. Consh-uction Management Fee / Develo er Fee � 13. Const�•uction Loan Interest 14. Pro er Stu�ve 1,100 1,100 15. Legal Fees 250 Proceeds of Sale 250 16. Real Estate Fees 4,680 Proceeds of Sale 4,680 17. Utili Hoolcu /Im act Fees 3,200 3,200 18. Title & Recording Fees 780 Proceeds of Sale 780 19. Const��uction Management 20 Bond Fees Total Development Cost (Total of items 126,443.58 6,185 132,628.58 4-20 Total Pro'ect Cost 126,443.58 6,185 132,628.58 CONTRACT AMENDMENT 1 to CSC No. 44563 Page 5 Tarrant County Housing Partneiship, Ine. — 1307 Ehnwood Rev. 7-29-1� //30/2014 M&C Re�iew Official site of the City o( Fort Worth, Texas �ITY �OUNCIL �GEiVDi4 ��T��'�RTt-1 �- COUNCI� ACTION: Approved on 6/22/2010 DATE: 6/22/201pREFERENCE C-24293 NO.: CODE: C TYPE: NON- CONSENT LOG NAM E: PUBLIC HEARING: 17TCHP- 1307ELMWOOD I�C�7 SUBJECT: Authorize a Change in Use and Expenditure of $145,000.00 of HOME Investment Partnerships Program Grant Funds to Tarrant County Housing Partnerships, Inc., for the Development of a Single Family House in the Hillside-Morningside Neighborhood, Authorize the Execution of Conditional Commitment and Contract, and Authorize a Substantial Amendment to the City' s 2008-2009 and 2009-2010 Action Plans (COUNCIL DISTRICT 8) 1:7x�i7►�il►�il��l7_��[7�� It is recommended that the City Council: 1. Authorize a substantial amendment to the City' s 2008-2009 and 2009-2010 Action Plans; 2. Authorize the City Manager, or his designee, to substitute funding years in order to meet commitment, disbursement, and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development; 3. Authorize a change in use and expenditure of $145,000.00 in HOME Investment Partnerships Program Grant funds to Tarrant County Housing Partnerships, Inc., a certified Community Housing Development Organization, for the development of a single family house in the Hillside-Nbrningside neighborhood; 4. Authorize the City Manager, or his designee, to execute a conditional commitment with Tarrant County Housing Partnerships, Inc., that conditions funding, among other things, on satisfactory completion of HOME requirements; 5. Authorize the City Manager, or his designee, to execute a Contract with the Tarrant County Housing Partnerships, Inc. for the project for a one year term beginning on the date of execution of the contract; 6. Authorize the City Manager, or his designee, to extend or renew the conditional commitment or the contract for up to one year if Tarrant County Housing Partnerships requests an e�ension and such extension is necessary for completion of the project; and 7. Authorize the City Manager, or his designee, to amend the conditional commitment or the Contract 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: http://apps.ciwnet.org/council �acl�Urr�c_re�i ew.asp?I D=13564&counci I date=612212010 1/3 ` `7/30l2014 M&C Reuew On C�ctober 6, 2009, the City issued a Request for Proposals (RFP) for certified Community Housing Development Organizations (CHDO) to award and expend up to $1,600,000.00 of HOME Investment Partnerships Program Grant funds by May 1, 2012. On November 5, 2009, the Tarrant County Housing Partnerships, Inc., (TCHP) submitted a response requesting $472,000.00 of the available HOME funds to acquire three sites on which it proposed to construct three single family houses. The request also included funds for related CHDO operating expenses. City staff reviewed all RFP submissions and recommended the award to TCHP of $145,000.00 in HOME funds to the Community Development Council (CDC) at its meeting held on June 9, 2010. The CDC agreed with staff's funding recommendation for the project. Up to $25,000.00 of the awarded funds will be used for operating expenses and $120,000.00 for construction and other development expenses. TCHP plans to develop a single family house to be located at 1307 Elmwood Avenue that will be, at a minimum, 1250 square feet with three bedrooms, two baths and a garage. The house 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 following 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. House must be sold to a HOME eligible buyer; and iv. Proceeds from the sale of house to be used to construct an additional house for a HOME eligible buyer. The expenditure of HOME funds is conditioned upon the following: i. Satisfactory completion of the environmental review per 24 CFR Part 58; ii. Authorization to use grant funds from HUD; and iii. Receipt of funding for the 2010-2011 HUD grant funding year. City staff recommends the change in use and expenditure up to $145,000.00 in HOME funds for the project to benefit low and very low income citizens by providing affordable housing. A public comment period on the change in use of these HOME funds was held from May 6, 2010, to June 5, 2010. 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. TO Fund/Arccount/Centers GR76 539120 005206271110 $25,000.00 GR76 539120 017206351110 $74,205.00 G R76 539120 017206461110 $45, 795.00 FROM Fund/A�ccount/Centers GR76 539120 005206271020 $25,000.00 GR76 539120 017206351040 $74,205.00 GR76 539120 017206461040 $45,795.00 http://apps.cfwnet.org/council�acl�Umc_re�iew.asp?ID=13564&councildate=6/22/2010 2/3 ' 7/30l2014 'Submitted for City Manager's Office bk Originating Department Head: A�dditional Information Contact: ATTACHMENTS 1307EImwoodCouncil Map. pdf M&C ReUew Thomas Higgins (6192) Jay Chapa (5804) Cynthia Garcia (8187) Avis F. Chaisson (6342) nttp://apps.ciumet.org/council�ackeUmc_re�iew.asp?ID=13564&councildate=6/22/2010 3/3