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HomeMy WebLinkAboutContract 46622-A5ITYSECRETARY)J J ZZ'AAs-- CONTRACT NO. " )- FIFTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 46622 WHEREAS, on September 23, 2014, the City Council of the City of Fort Worth ("City") authorized the expenditure of a total of $1,300,000.00 in HOME Investment Partnerships Program ("HOME") grant funds to the Fort Worth Housing Finance Corporation ("FWHFC"), for an affordable housing development in the Diamond Hill -Jarvis neighborhood and the sale of 21 lots to FWHFC for the construction of new single family houses to be sold to HOME -eligible buyers (M&C C-27008); WHEREAS, the Board of Directors of FWHFC, a Texas housing finance corporation and public instrumentality of the City, approved contracts with City to purchase the lots and for the HOME funds in order to act as developer of affordable housing for low and moderate income home buyers (Resolution No. FWHFC-2014-13); WHEREAS, on September 25, 2014, City and FWHFC made and entered into City Secretary Contracts No. 45977, 45978, 45979, 45980, 45981, 45982, 45983 and 45984 for the purpose of funding the construction of 8 single family houses as part of the Hardy Street Single Family Infill Development (the "Original Contracts") and made and entered into City Secretary Contract No. 46620, the Contract of Sale and Purchase for the 21 lots; WHEREAS, on September 25, 20 14, City and FWHFC made and entered into City Secretary Contract No. 46622 which provided that the remaining 13 single family houses would be developed by entering into separate Contract Amendments for each of the 13 lots containing the specific terms for each house including HOME funds for development costs (the "13 Lot Contract"); WHEREAS, the Original Contract provided funding to FWHFC pursuant to a grant from the United States Department of Housing and Urban Development through the HOME Program, Catalog of Federal Domestic No. 14.239, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among City, local governments, lenders, private industry and non-profit housing organizations; WHEREAS, the City is required to spend a portion of its annual award of HOME funds on projects with Community Housing Development Organizations ("CHDO") and has requested that the HOME contracts for the development be assigned by FWHFC to Tarrant County Housing Partnership, Inc., a CHDO, in order to assist City in meeting its CHDO spending and commitment goals with the United States Department of Housing and Urban Development; WHEREAS, it is the mutual desire of City and FWHFC to assign FWHFC's rights and obligations as Developer under the Original Contract to Tarrant County Housing Partnership, Inc. in order to meet the City's strategic goal of development and revitalization of the City's affordable housing stock and to accomplish the objectives of the Original Contract; ��1 t°'7' 4t``t1�/ . CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 Rev 10-19-2016 WHEREAS, Tarrant County Housing Partnership, Inc., a Texas non-profit corporation and CHDO is willing to assume all of FWHFC's rights and obligations as Developer under the 13 Lot Contract and enter into Contract Amendments for each of the 13 lots subject to availability of HOME funds for development costs for the 13 houses; WHEREAS, on May 19, 2015, the City Council authorized the expenditure of an additional $310,000.00 of HOME funds to Tarrant County Housing Partnership (hereinafter "Developer") (M&C C-27295) for development costs; WHEREAS, in order to facilitate the development and to assist the City in meeting its CHDO commitment and spending goals and requirements, City and Developer have agreed to amend and restate the Original Contract and incorporate their agreement as set forth below, which agreement shall substitute for and supersede the terms of the Original Contract. City and Developer may be referred to individually as a "Party" and collectively as "the Parties". WHEREAS, in order to facilitate the development and to assist the City in meeting its CHDO commitment and spending goals and requirements, City and Developer have agreed to enter into a Contract Amendment to the 13 Lot Contract to provide funds to construct the house at 3641 Eagle Nest Street and to incorporate their agreement as set forth below, which agreement shall substitute for and supersede the terms of the 13 Lot Contract as those terms apply to 3641 Eagle Nest Street. NOW THEREFORE, in consideration of the mutual agreements in the 13 Lot Contract as amended and restated herein, and the further consideration of the mutual covenants, obligations and responsibilities contained herein, including all Exhibits and Attachments, and subject to the terms and conditions hereinafter stated, City and Developer agree that the following is substituted for and supersedes the 13 Lot Contract for the purpose of developing a single family house at 3641 Eagle Nest Street: "This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and 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 ("HUD") 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, lenders, private industry, and non-profit 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 CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 2 Rev 10-19-2016 Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME Regulations" or "Regulations") 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 working to increase the number of quality, accessible, and affordable ownership housing units available to low and moderate income individuals and families and has fulfilled the requirements of the HOME Program to be a CHDO; WHEREAS, City has certified that Developer is a Community Housing Development Organization; WHEREAS, Developer requested HOME CHDO funds for an eligible project under the HOME Regulations whereby Developer will construct a single family house located at 3641 Eagle Nest, Fort Worth, TX 76106 for sale to a low- to moderate -income homebuyer; 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; WHEREAS, Developer has undertaken commercially reasonable efforts to identify alternate funding sources and has been unable to secure alternate funding; WHEREAS, City has fully evaluated and underwritten the project in compliance with HOME Regulations and has determined that it is appropriate to fund 100% of the Project's construction costs with HOME Funds; WHEREAS, consistent with the goals of the CHDO program, which was designed to increase a CHDO's capacity to develop affordable housing, Developer shall continue to seek alternative funding sources; WHEREAS, if Developer is able to identify additional funding sources in the future, City may, at its discretion, re -underwrite the project and amend the Contract in order to avoid supplanting federal funds and allow for the participation of any such alternative funding sources; WHEREAS, Developer's efforts to identify additional funding sources for the project shall not delay implementation of the project; 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: CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 3 Rev 10-19-2016 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 hazard insurance is not more than 30% or less than 20% 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 in 24 CFR Part 92.254 of the HOME Regulations. The Affordability Period for the house constructed under this Contract is 5 years unless otherwise required as set forth in Section 7.3.2. The Affordability Period begins on the date the project status is changed to "complete" in IDIS. Area Median Income or AMI means the median family income for the Fort Worth -Arlington metropolitan statistical area as determined annually by HUD. Business Diversity Enterprise Ordinance or BDE means 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 applicable; (iv) CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 4 Rev 10-19-2016 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 house. • Complete Documentation shall meet the standards described in the attached Exhibit "J"- Standards for Complete Documentation. Community Housing Development Organization or CHDO means, as defined in 24 CFR 92.2 as amended from time to time, a private non-profit organization, that: (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; (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 may not have the right to 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; and (iv) The officers and employees of the for -profit entity may not be officers or employees of the CHDO. (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), is classified as a subordinate of a central organization non-profit under section 905 of the Internal Revenue Code of 1986, or if the private nonprofit organization is an wholly owned entity that is disregarded as an entity separate from its owner for tax purposes (e.g., a single member limited liability company that is wholly owned by an organization that qualifies as tax-exempt), the owner organization has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 and meets the definition of a CHDO; (5) Is not a governmental entity (including the participating jurisdiction, other jurisdiction, Indian tribe, public housing authority, Indian housing authority, housing finance agency, or redevelopment authority) and is not controlled by a governmental entity. An organization that is created by a governmental entity may qualify as a CHDO; however, the governmental entity may not have the right to appoint more than one-third of the membership of the organization's governing body and no more than one-third of the board members may be public officials or employees of the governmental entity. Board members appointed by a governmental entity may not appoint the remaining two-thirds of the board members. The officers or employees of a governmental entity may not be officers or employees of a CHDO; CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street Page 5 Rev 10-19-2016 (6) Has standards of financial accountability that conform to 2 CFR Part 200 "Standards for Financial Management Systems"; (7) 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; (8) 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; (9) Has a demonstrated capacity for carrying out activities assisted with HOME funds. A designated organization undertaking development activities as a developer or sponsor must satisfy this requirement by having paid employees with housing development experience who will work on projects assisted with HOME funds. For its first year of funding as a CHDO, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization. An organization that will own housing must demonstrate capacity to act as owner of a project and meet the requirements of § 92.300(a)(2). A nonprofit organization does not meet the test of demonstrated capacity based on any person who is a volunteer or whose services are donated by another organization; and (10) Has a history of serving the community within which housing to be assisted with HOME funds is to be located. In general, an organization must be able to show one year of serving the community before HOME funds are reserved for the organization. However, a newly created organization formed by local churches, service organizations or neighborhood organizations may meet this requirement by demonstrating that its parent organization has at least a year of serving the community. Completion means the substantial completion of the house as evidenced by a Neighborhood Services Department Minimal Acceptable Standard Inspection Report, HUD Compliance Inspection Report, and any other applicable final inspection approval from City. Completion Deadline means November 30, 2017. 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, CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 6 Rev 10-19-2016 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 HOME eligible development costs actually spent for the Required Improvements to be paid to Developer. Director means the Director of City's Neighborhood Services Department. Effective Date means October 19, 2016. HAP or HAP Program means 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. 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 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 City and the HOME Eligible Buyer, the promissory note in favor of 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. HOME means the HOME Investment Partnerships Program. HOME Eligible 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 qualifies for and receives a minimum of $1,000.00 of down payment and/or closing cost assistance in the form of a HAP loan. HOME Funds means the HOME Program grant funds supplied by City to Developer under the terms of this Contract not to exceed $204,059.35, which includes the costs set forth in Exhibit "B" — Budget and the Developer Fee. HOME Regulations means the HOME Investment Partnerships Program Final Rule found at 24 CFR Part 92 et seq. HOME Requirements means that the 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 7 Rev 10-19-2016 HUD means the United States Department of Housing and Urban Development. IDIS means HUD's Integrated Disbursement Information System. Loan means the HOME Funds provided to Developer by City in the form of a forgivable deferred payment loan under the terms of this Contract as more particularly described in the Loan Documents. Loan Documents means security instruments including without limitation, 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 in accordance with the terms of this Contract as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. Neighborhood Services Department means City's Neighborhood Services Department created on February 17, 2015 in Ordinance No. 21651-02-2015. Plans means the elevations and site plans 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 elevations for the house are attached as Exhibit "A-1" — Final Elevations. Principal Residence means the house purchased from Developer by a HOME Eligible Buyer who will 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. Property means the lot or 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 3641 Eagle Nest Street, Fort Worth, TX 76106. The Required Improvements are part of an infill housing development project known as the Hardy Street Single Family Infill Development in which Developer will construct and sell single family houses in the Diamond Hill -Jarvis neighborhood to HOME Eligible Buyers (the "project"). Reimbursement Request means all reports and other documentation described in Section 10. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 8 Rev 10-19-2016 Sales Proceeds means the funds resulting from the sale of the house to a HOME Eligible Buyer and consisting of the sales price of the house less (i) any construction loan repayment (other than the HOME Funds) and (ii) any common and customary seller's closing costs approved by City shown on the Closing Disclosure, or as otherwise defined in the HOME Regulations. 3. TERM AND EXTENSION 3.1 Term. The term of this Contract begins on the Effective Date and terminates in 2 years unless earlier terminated as provided in this Contract. 3.1.1 Extension of Contract. This Contract may be extended for 1 year upon Developer submitting a request for an extension in writing at least 60 calendar days before 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 and agreed that it is in 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. 3.2 Term of Loan. The term of the Loan commences on the date of the Promissory Note and terminates in 3 years so long as the terms and conditions of this Contract and the Loan Documents have been met. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide HOME Funds. City shall provide up to $185,508.50 of HOME Funds in the form of the Loan for eligible expenses for the development of the house under the terms and conditions described herein. 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 in Exhibit "C" — Construction and Reimbursement Schedule, and the terms and conditions of this Contract. 5.1.1 Written Cost Estimates, Constructions Contracts and Construction Documents. Developer shall submit to City the construction contracts and construction documents to CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 9 Rev 10-19-2016 show the work to be undertaken for the Required Improvements in sufficient detail that City can perform all required inspections in accordance with 24 CFR Part 92.251 (a)(2)(iv). City shall review written cost estimates for the construction of the Required Improvements to determine that such costs are reasonable. In the event City, in its sole discretion, determines that such costs are unreasonable, Developer shall revise said costs estimates to City's satisfaction. 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 costs for the Required Improvements with HOME Funds only if City determines in its sole discretion that: 5.2.2.1 Costs are eligible expenditures in accordance with the 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 Budget with the Director's prior written approval, which approval shall be in the Director's sole discretion. Any such increase or decrease in line items in the Budget shall comply with Section 5.2.2, Exhibit "A" — Project Summary and Scope of Work, and shall not increase the total amount of HOME Funds. 5.2.4 Change in Budget. 5.2.4.1 Developer shall continue to make commercially reasonable efforts to identify and secure alternative funding sources for ongoing and future construction projects funded with HOME funds and shall report such efforts to City on a quarterly basis, if applicable. Notwithstanding the forgoing, 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 house. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 10 Rev 10-19-2016 5.2.4.3 Notwithstanding any provision in this Contract to the contrary, Developer's efforts to identify and secure alternative funding sources shall not delay the performance of any obligations of either Developer or City under this Contract. 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 shall remain with City. 5.4 Identify Expenses Paid with HOME Funds. Developer will keep accounts and records in such a manner that City may readily identify and account for 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 Payment of HOME Funds. Within 90 calendar days after the sale of the house, 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 at the earlier of (i) the acquisition of the Property, or (ii) before any construction materials are delivered to the Property or any work is commenced 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 the house to a HOME Eligible 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. 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 copy of an estimated settlement statement from the title company at least 1 business day before closing of the Loan. CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street Page 11 Rev 10-19-2016 5.6.1.5 Ensure City's lien is in first lien position unless otherwise approved in writing by City. In addition, City must approve in writing any secured financing for the Required Improvements 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 a HOME Eligible Buyer in accordance with the HOME Requirements, (ii) City receives the Sales Proceeds, and (iii) 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 of the Loan or any approved subordinate financing by Developer shall require City's prior written approval for the purpose of ensuring compliance with the HOME Requirements, which approval shall not be unreasonably conditioned or withheld. 5.6.1.11 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 a HOME Eligible Buyer as required by this Contract and the HOME Regulations. Developer must notify City in writing if Developer has not entered into a binding sales contract for the house with a HOME Eligible Buyer within 6 months of Completion. Such notice must be given within 14 calendar days of the 6 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 9 months of Completion. If Developer has not sold the house within 9 months of Completion, then the default provisions of Section 11.3 of this Contract shall apply. 5.8 HOME Requirements Survive Transfer. Any sale or transfer of the Property by Developer during the Contract term, other than a sale of the 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. At a minimum, any such sale or transfer will require the new owner or transferee to assume in writing CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 12 Rev 10-19-2016 the HOME Requirements as well as all of Developer's other obligations under this Contract. Failure of the new owner or transferee to promptly assume all of Developer's obligations under this Contract and the Loan Documents will result in immediate termination of this Contract and any HOME Funds already paid to Developer must be repaid to City within 30 days of such termination. In addition, City may pursue any of its remedies under the Loan Documents if the new owner or 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 represents that it meets the requirements for designation as a CHDO set forth in 24 CFR Part 92.2. 5.9.2 Status Reports. Developer has a continuing duty to provide City with all documentation or information in regard to any change in its status as a CHDO or as a 501(c)(3) tax exempt entity within 10 business days of said change. Developer shall provide an annual board roster and proof of its continued status as a CHDO to City by January 30th of each year. CHDO shall replace any board member who resigns or is otherwise no longer able to serve within 3 months of the vacancy. The failure of Developer to maintain its status as a CHDO and a 501(c)(3) tax exempt entity shall result in termination of this Contract and return of all HOME Funds to City if CHDO is unable to cure any violations of this Section within 30 calendar days of written notice from City. 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 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. City shall conduct progress and final inspections of the construction of the house to ensure that work is done in accordance with applicable codes, Developer's construction contract and the construction documents in accordance with 24 CFR Part 92.251 (a)(2)(v). The construction of the house must pass a Neighborhood Services 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 City at the completion of the construction of the house. 6.2 Applicable Laws. Building 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 CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 13 Rev 10-19-2016 construction, must conform to the Model Energy Code published by the Council of American Building Officials. 6.3 Property Standards During. Construction. If applicable, Developer shall comply with the following during the construction of the house: (i) the Uniform Physical Condition Standards ("UPCS") contained in 24 CFR 5.703 and (ii) City property standards. 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 tests, investigations, 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. 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 house. For purposes of this Contract, the term "vendors" shall include real estate brokers, other real estate marketing professionals, title companies, as well as surveyors and appraisers if Developer pays for the survey or the appraisal. The term "vendors" does not include suppliers and materialmen. Developer shall ensure that all subcontractors or vendors 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 City, the State of Texas or the Federal government. Developer acknowledges that 24 CFR Part 200 forbids Developer from hiring or continuing to employ any contractor, subcontractor or vendor that is listed on the Federal Excluded Parties List System for Award Management, www.sam.gov ("SAM"). Developer must confirm by search of SAM that all contractors, subcontractors or vendors are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor, subcontractor, or vendor. Failure to submit such proofs 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 CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 14 Rev 10-19-2016 contractor shall immediately cause such contractor, subcontractor or vendor to stop work on the house and Developer shall not be reimbursed for any work performed by such contractor, subcontractor or vendor. However, this Section shall 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 SAM shall survive the termination of this Contract and be applicable for so long as Developer owns the house which was constructed in whole or in part with the HOME Funds. 7. SALE OF REQUIRED IMPROVEMENTS TO HOME ELIGIBLE BUYER. 7.1 Income Eligibility. Homebuyer eligibility will be determined using the definition of annual income in 24 CFR 5.609. 7.2 Sales Price of Required Improvements: Market Analysis. 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 92.254. The sales price of the house shall be established by a market analysis obtained by Developer and furnished by Developer to City within 30 calendar days of Developer applying for building permits from City. The sales price established by the market analysis shall only be valid for 9 months from the date of the market analysis. If Developer has not sold the house to a HOME Eligible Buyer within the 9 month period during which the market analysis is valid, a new market analysis must be performed to establish the sales price of the house. City in its sole discretion may extend this 9 month period for up to 60 days if Developer has entered into a binding sales contract for the house before the end of the 9 month period and needs the extension to close the sale of the house. 7.3 HOME Eligible Buyer. All purchasers of the house must be HOME Eligible Buyers. Developer must verify that a prospective purchaser is a HOME Eligible Buyer and must timely supply City with all information necessary to prove eligibility for the HAP Loan. 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 the 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 certificate shall be an event of default. 7.3.1 HAP Participation. All prospective purchasers of a house must apply and qualify for a HAP Loan of at least $1,000.00 of down payment and/or closing cost assistance at least 30 calendar days prior to closing of the sale of the 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Inf ll Project TCHP — 3641 Eagle Nest Street Page 15 Rev 10-19-2016 7.3.2 Other HOME Assistance. HOME Regulations require that the amount of HOME investment that is subject to recapture is based on the amount of HOME assistance that enabled the homebuyer to buy the dwelling unit. The sales price of the house will be determined by a market analysis performed by Developer in accordance with Section 7.2. In the event that the price of the house is reduced below the sales price set by the market analysis or a lender's appraisal, whichever is lower, and the amount of the reduction in the sales price plus the amount of the HAP Loan exceeds $15,000.00, then the Affordability Period will be 10 years. If the amount of the reduction in the sales price plus the amount of the HAP Loan exceeds $40,000.00, then the Affordability Period will be 15 years. 7.3.2.1 If required, the additional Affordability Period will be more particularly described in the HOME Written Agreement and evidenced by a note to City in the amount of the other HOME Assistance described in this subsection and secured by a deed of trust in favor of City. The loan will be a subordinate forgivable deferred payment loan for the term of the additional required Affordability Period. 7.3.2.2 Developer shall notify City, and if necessary, the prospective homebuyer and the prospective homebuyer's first lien mortgage company within 5 business days of determining that the sales price of the house will require an additional Affordability Period. 7.4 Sales Contract. Developer shall provide City with a copy of a proposed sales contract for the house for City approval prior to execution by Developer. City will review and approve the sales contract or request changes within 1 business day. 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 up to 15 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. City's loan will be secured with a Deed of Trust which will remain on the Property for a minimum of 5 years. If Buyer occupies the Property as Buyer's principal residence for the full affordability period based on the amount of direct assistance calculated in accordance with Federal requirements, City will forgive its loan. If Buyer does not meet the Federal requirements for City's loan, Seller shall terminate the 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 Closing Disclosure at least 5 business days prior to the closing of the sale of the house to a HOME Eligible Buyer. The Closing Disclosure shall show any homebuyer subsidies, the HAP Loan, any loan for the other HOME Assistance and the Sales Proceeds to be returned to City. Developer shall not close the sale of a house CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 16 Rev 10-19-2016 without receiving City's written approval of the final Closing Disclosure. Written approval from City to the title company closing the sale of the house shall be deemed written approval of the final Closing Disclosure for purposes of this Section. 7.6 Deadline for Sale of Required Improvements. The house must be sold to a HOME Eligible Buyer within 9 months of Completion. Developer shall submit monthly status reports to City regarding the sale of each house beginning with the first month after Completion and continuing until the house is sold. 7.7 Marketing 7.7.1. Affirmative Marketing. Developer must adopt affirmative marketing procedures and requirements for the Required Improvements consistent with City policies and procedures. The procedures and requirements must include 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. Affirmative marketing procedures and requirements must include the following as required by 24 CFR Part 92.351: 7.7.1.1 Methods for informing the public, owners, and potential purchasers about Federal fair housing laws and City's affirmative marketing policy 7.7.1.2 Requirements and practices Developer must adhere to in order to carry out City's affirmative marketing procedures and requirements 7.7.1.3 Procedures to be used by Developer to inform and solicit potential purchasers of the houses constructed as part of the project in the housing market area who are not likely to seek to purchase a house without special outreach; 7.7.1.4 Records that will be kept describing actions taken by Developer to affirmatively market the program and houses constructed as part of the project and records to assess the results of these actions; and 7.7.1.5 A description of how Developer will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. 7.7.2. City Approval. All Developer marketing procedures related to the house and the project, 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 30 calendar days after the Effective Date. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 17 Rev 10-19-2016 7.7.3 Effective Marketine. Developer will be solely responsible for the effective marketing responsibilities necessary to achieve the HOME Requirements. Documentation supporting these efforts shall be submitted to City upon request and shall include, but not be limited to, brochures, sign -in sheets for open houses, listings, and advertisements for the house and the project. 7.8 Developer Fee. Developer shall be paid the Developer Fee as more particularly described in Exhibit "C" — Construction and Reimbursement Schedule upon 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. City shall pay Developer Fee at City's sole option (i) outside of closing upon receipt from Developer of an invoice including Complete Documentation showing the total amount of HOME Funds actually spent to develop the Required Improvements, or (ii) at closing. City, in its sole discretion, may elect to pay a portion of the Developer Fee before closing. If City so elects, such early partial payment shall be more particularly described in Exhibit "B" — Budget and Exhibit "C" — Construction and Reimbursement Schedule. 7.9 Sales Proceeds. All Sales Proceeds shall be returned to City. 8. ADDITIONAL HOME REQUIREMENTS. 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 may not be incurred until City has conducted an environmental review and completed an Environmental Review Record 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, and (ii) require Developer to repay to City any HOME Funds received and forfeit any future payments of HOME Funds. 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 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of HOME Funds, and that such commitment or CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 18 Rev 10-19-2016 approval may occur only upon satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58, 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, the terms of this Contract and the Loan Documents 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. In order to assist City with its monitoring, Developer shall comply with all the reporting requirements set out in this Contract. 8.3.2 Representatives of City, HUD, HUD Office of Inspector General, 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 Developer's officers, agents, and records that are related to the use of the HOME Funds, and to Developer's officers 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. City shall provide Developer with a written report of the monitor's findings after each monitoring visit. 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 Compliance 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" — Federal Labor Standards Provisions - Davis -Bacon Requirements-. 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. Developer shall CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 19 Rev 10-19-2016 establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner 8.7 Cost Principles/Cost Reasonableness. The eligibility of costs incurred for performance rendered shall be determined in accordance 2 CFR Part 200.402 through 2 CFR Part 200.405, as applicable, regarding cost reasonableness and allocability. 8.8 Financial Management Standards. Developer agrees to adhere to the accounting principles and procedures required in 2 CFR Part 200, as applicable, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 8.9 Uniform Administrative Requirements. Developer will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 8.10 Compliance with FFATA and Whistleblower Protections. Developer shall provide City with all necessary information for City to comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 8.10.1 Developer shall provide City its DUNS number prior to the payment of any Reimbursement Requests. 8.11 Internal Controls. In compliance with the requirements of 2 CFR 200.303, Developer shall: 8.11.1 Establish and maintain effective internal control over the HOME Funds that provides reasonable assurance that Developer is managing the HOME Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO"); 8.11.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 8.11.3 Evaluate and monitor Developer's compliance with statutes, regulations and the terms and conditions of this Contract; CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 20 Rev 10-19-2016 8.11.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 8.11.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Developer considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 8.12 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. 8.13 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 construction or sale of the house. 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 pertaining to this Contract. 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. 8.14 Payment and Performance Bonds. Subject to the requirements of 2 CFR Part 200, Developer shall furnish City with payment and performance bonds in a form acceptable to City in the amount of the construction cost for the project but not less than $164,680.00, which is the total amount of the Loan. At City's discretion, other forms of assurance may be acceptable so long as they meet the requirements of the HOME Regulations. 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 its obligation under the terms of this Contract and shall promptly provide City with copies of any CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 21 Rev 10-19-2016 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. 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 7 calendar days 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. 9.2.1 Additional Information. Developer shall provide City with additional information as may be required by State or Federal agencies to substantiate HOME Program activities and/or expenditure eligibility. 9.3 Chan2e 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 calendar days prior to the effective date of such change, and the Parties shall execute an amendment to this Contract reflecting such change if necessary. 9.4 City Reserves the Riiht 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 contracts with Developer. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT DEVELOPER HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED HOME CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 22 Rev 10-19-2016 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: 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 house or project, if necessary; and 10.2.2 Proof that each expense was paid by Developer, which 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 calendar days from each of the deadlines as shown in Exhibit "C" — Construction and Reimbursement Schedule. 10.3.1 CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60 CALENDAR 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. 10.3.2 CITY SHALL HAVE NO OBLIGATION TO MAKE PAYMENT ON ANY REIMBURSEMENT REQUUEST THAT IS NOT RECEIVED WITHIN 30 CALENDAR DAYS OF THE COMPLETION DEADLINE. 10.3.3 Final Payment. Developer shall not be reimbursed for Final Payment until it submits Exhibit "G" — CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 23 Rev 10-19-2016 HOME Project Compliance Report to City regarding the HOME Eligible Buyer. 10.4 Withholding Payment. 10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED. 10.4.2 FINAL REIMBURSEMENT SHALL NOT BE MADE UNTIL ALL LIENS ARE RELEASED TO CITY'S SATISFACTION AND THE CLOSING OF THE SALE OF THE HOUSE TO A HOME ELIGIBLE BUYER. Developer shall furnish City with a copy of an Affidavit of Completion sworn to by Developer's general contractor that has been filed by Developer in the Tarrant County Real Property Records in compliance with the Texas Property Code, Section 53.106 as proof that all subcontractors, laborers and materialmen have been paid in full for all labor and materials provided to the general contractor for the house and project. 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 15 calendar days. 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 12 months of the Effective Date. If Developer fails to begin construction of the house within 12 months 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 after giving Developer 30 calendar days to cure. 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 30 calendar days from the date of City's written notice to submit or resubmit any such report or CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 24 Rev 10-19-2016 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 30 calendar days (a total of calendar 60 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 calendar days (a total of 30 calendar 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. 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 calendar 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 the house to HOME Eligible Buyers within 9 months of Completion as described in Section 5.7. Developer must notify City in writing no later than 8 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 9 months of Completion: CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 25 Rev 10-19-2016 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 HOME Funds provided to Developer under this Contract for the unsold house within 30 calendar days of notifying 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 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 calendar 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 (iii) pursue any other legal remedies available to City under this Contract or the Loan Documents. 11.5.2 City's remedies may include: 11.5.2.1 Direct Developer to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. 11.5.2.2 Direct Developer to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 26 Rev 10-19-2016 11.5.2.3 Cancel or revise activities likely to be affected by the performance deficiency, before expending HOME Funds for the activities. 11.5.2.4 Reprogram HOME Funds that have not yet been expended from affected activities to other eligible activities or withhold HOME Funds. 11.5.2.5 Direct Developer to reimburse City in any amount of HOME Funds not used in accordance with the HOME Regulations. 11.5.2.6 Suspend reimbursement of HOME Funds for affected activities. 11.5.2.7 Any other appropriate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions, termination of this Contract or any other contracts with Developer, and any other available remedies. 11.5.3 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 calendar 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. 11.5.4 If this Contract terminates prior to the sale of the house to a HOME Eligible Buyer or to conversion to a lease purchase or rental unit, 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 will 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. No delay or omission by City in exercising any right or CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 27 Rev 10-19-2016 remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any CHDO default. 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 or the Loan Documents shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof or thereof. 11.10 Civil, Criminal and Administrative Penalties. Failure to perform all 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 calendar 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, NEITHER DEVELOPER NOR ANY AFFILIATES OF DEVELOPER WILL BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR HOME FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 11.11.2 This Contract shall be terminated immediately in the event Developer loses its CHDO certification or status after the cure period stated in Section 5.9.2. 11.11.3 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 2 CFR 200, Appendix II, 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 written notification 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, City may terminate the Contract in its entirety 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 this Contract was made. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 28 Rev 10-19-2016 11.13 Dissolution of Developer Terminates Contract. This Contract shall terminate in the event Developer is dissolved or ceases to exist. 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. 11.14 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Developer with the HOME Funds including but not limited to plans, drawings, surveys, renderings, construction documents and any other real or personal property owned by Developer that was improved with the HOME Funds shall belong to City and shall automatically transfer to City or to such assignees as City may designate. 11.15 Notice of Termination under Subordination Agreement. City shall not terminate this Contract without first giving notice and opportunity to cure as required in the Subordination Agreement. 11.16 Notice to Investor of Default. City shall furnish Investor with notice of any default under this Contract at the address shown below. 12. REPAYMENT OF HOME FUNDS. All HOME Funds are subject to repayment in the event the house or the project does not meet the requirements of this Contract or of the HOME Regulations. If Developer takes any action that results in City being required to repay all or any portion of the HOME Funds to HUD, Developer agrees it will reimburse City for such repayment. 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 calendar days to make such determination after receipt of written notice from Developer and failure to make such determination will constitute a waiver. In the event of termination by City 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 calendar 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, CHDO SINGLE FAMILY CONTRACT Hardy Street Infll Project TCHP — 3641 Eagle Nest Street Page 29 Rev 10-19-2016 members, agents, servants, employees, contractors, subcontractors, vendors, tenants, licensees or invitees. 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 shall lie in Tarrant County, Texas 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. 14.6 Governing Law. This Contract shall be governed 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 Severabilitv. 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, constitute CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 30 Rev 10-19-2016 the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or 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 Partnerships 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.C. sections 4151 et seq.) and CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street Page 31 Rev 10-19-2016 the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement 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 ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 14.11 HUD -Assisted Projects and Employment and other Economic Opportunities; Section 3 Requirements. 14.11.1 Requirement that Law Be Quoted 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 seq.) 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 Part 135 ("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: CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 32 Rev 10-19-2016 "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 1701 u (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 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 certify 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 certify that any vacant employment positions, including training positions that are filled (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 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 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 per formed 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 CHDO SINGLE FAMILY CONTRACT Hardy Street Inf11 Project TCHP — 3641 Eagle Nest Street Page 33 Rev 10-19-2016 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 7(b) 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 Neighborhood Services 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 by contractor and subcontractor on a quarterly basis. This shall include name, CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 34 Rev 10-19-2016 14.11.3.2 14.11.3.3 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 City all contracts awarded by contractor and subcontractor 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 report. 14.12 Prohibition Azainst Discrimination. 14.12.1 General Statement. Developer shall comply in the execution, performance or attempted performance of this Contract with all non-discrimination requirements of 24 CFR Part 92.350 and 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 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 durine 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: G[Contractor's, Subcontractor's or Vendor's Name] 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 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 CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 35 Rev 10-19-2016 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, Subcontractor's or Vendor'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 the 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 THE 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 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 36 Rev 10-19-2016 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 such conflict of interest or potential conflict of interest immediately upon discovery of same. 14.13.2 No 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 -assisted housing 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 CFR Part 92.356. 14.13.2.1 Developer shall establish conflict of interest policies for Federal Awards and shall provide such policies in writing to City in accordance with the requirements of 2 CFR Part 200.112. 14.13.3 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Developer is required to timely disclose to City in writing any potential conflict of interest, as described in this Section. 14.13.4 Disclosure of Texas Penal Code Violations. Developer affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.5 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Developer is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting this Agreement. 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 the HOME CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 37 Rev 10-19-2016 Regulations. Such documentation shall be made available promptly to City for review upon request. 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 provisions meeting the requirements of this paragraph in all such contracts subject to such regulations. 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 Neighborhood Services Department with each Reimbursement Request, and must be available to Neighborhood Services 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 representatives of 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 Surplus 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 38 Rev 10-19-2016 14.15.3 In order to comply with the reporting requirements of 24 CFR Part 92.508 (a)(7)(ii) , Developer must submit the form attached hereto as Exhibit "K" — MBE Reporting Form for each contract or subcontract with a value of $25,000 or more paid, or to be paid, with HOME funds. This form shall be submitted with the final Reimbursement Request. 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. 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, prior to any charges being incurred, any proposed contracts between Developer and (i) 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, (ii) vendor contracts arising out of the construction or sale of the Required Improvements, and (iii) any third party contracts to be paid with HOME Funds. 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 the HOME Requirements, auditing, monitoring, homebuyer income eligibility, record keeping and reports, City ordinances, the provisions of Section 6.6 pertaining to SAM, or any other HOME Program requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the term or earlier termination of this Contract for 5 years after the termination date and shall be enforceable by City against Developer. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 39 Rev 10-19-2016 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, ACTIVITIES AND SERVICES 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 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, VENDORS, 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 CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 40 Rev 10-19-2016 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, SUBCONTRACTORS AND VENDORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 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 $185,508.50 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 City as a Loss Payee. Developer shall furnish to City, in a timely manner, but not later than 10 calendar 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 and City may at its option terminate this 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 $1,000,000 Aggregate CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 41 Rev 10-19-2016 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. 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 42 Rev 10-19-2016 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. 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 claims 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 general contractor 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 tivith 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 43 Rev 10-19-2016 Developer shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. 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 or Paige Mebane Telephone: 817-392-7600 Copy to: Neighborhood Services Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Developer: Tarrant County Housing Partnership, Inc. 4200 South Freeway, Tower Suite 307 Fort Worth, TX 76115 Attention: President 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. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 44 Rev 10-19-2016 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 Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 45 Rev 10-19-2016 ATTEST: Maly Kr, Cis M&C G-18521 M&C C-27967 1295 Cert. No.: , EXECUTED to be effective ar.,74 ��ppppppp., Op ppa . ° oop �s.. �OOpoopo EXAM 8/2 . N.:1 lm:: •' y dcretary Date: 8/4/ Date: 10/1 --Z,l APPROVED AS TO FORM AND LEGALITY: Paige Mebarne, ssistant City Attorney CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street ffective Date. OF FORT WORTH ernando Costa, Assistant City Manager Date: io/zoli6 TARRANT COUNTY HOUSI G ARTN By/ (_ Dorna'VanNes�s,-President Date: !r) 10. Ili OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 46 Rev 10-19-2016 EXHIBITS: Exhibit "A" — Project Summary — Scope of Work Exhibit "A-1" — Final Elevations Exhibit "A-2" — Environmental Mitigation Action Exhibit "B" — Budget Exhibit "C" — Construction and Reimbursement Schedule Exhibit "D" — Audit Requirements Exhibit "E" — Loan Documents Exhibit "F" — Reimbursement Forms Exhibit "G" — HOME Project Compliance Report (Single Family) Exhibit "H" — Federal Labor Standards Provisions - Davis -Bacon Requirements Exhibit "I" — Section 3 Reporting Forms Exhibit "J" — Standards for Complete Documentation Exhibit "K" — MBE Reporting Form CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 47 Rev 10-19-2016 EXHIBIT "A" PROJECT SUMMARY - SCOPE OF WORK TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET Capitalized terms not defined herein shall have meanings assigned to them in the Contract. DESCRIPTION: Developer will construct an approximately 1,200-1,800 square foot, 3- or 4-bedroom, 2-bath single- family house on a lot size of approximately 5,000-6,000 (range) square feet. Construction will include a two -car detached garage. Fencing will be located at the rear and side yards. The front yard will be landscaped. 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. The following appliances and related amenities will be included in the sale of the house: • Washer and Dryer hookups • Central Air Conditioning • Stove • Oven • 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 yard) • Roofing Materials 3 TAB 25 YR • Siding (percentage) 100% • Foundation Type Post Tension • HVAC 15 Seer Heat Pump CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 EXHIBIT "A-1" FINAL ELEVATIONS TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET Final Elevations will be agreed upon between the Parties. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 2 Rev 10-19-2016 EXHIBIT "A-2" ENVIRONMENTAL MITIGATION ACTION TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET HOME Funds may be reimbursed for exempt activities; however, HOME funds will not be paid, and costs cannot be incurred until City has conducted and completed an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. Further, Developer will not undertake or commit any funds to physical or choice limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction until satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58. EA MITIGATION MEASURES AND CONDITIONS FOR PROJECT APPROVAL: The noise level at the project exceeds 65 dB. The City had RPGA Design Group, the architect firm for the project issue a letter stating the typical materials that would be used to construct the units would attenuate the noise. RPGA stated the wall assembly should consist of fiber cement siding on 15/32" exterior OSB sheathing, 2x4 wood framing spaced 16" o.c. with R-13 batt insulation between the studs and 5/8" interior gypsum wall board, and double pane glazed windows. The STC rating should range from 33-42 depending on the windows used. Special conditions, procedures, and requirements identified for the project may include and are not limited to mitigation of adverse effects identified in the Section 106 (24 CFR Part 58.5(a) - Historic Properties) review process. The special conditions, procedures, and requirements may differ and are subject to approval by City and HUD. CHDO SINGLE FAMILY CONTRACT Hardy Street InlII Project TCHP — 3641 Eagle Nest Street Page 3 Rev 10-19-2016 EXHIBIT "B" BUDGET TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST Development Budget Use of Funds Source of Funds Predevelopment Cost I, Market Study 2. Feasibility (i.e.: preliminary work write-up, cost estimates, design), bond, insurance 3. Other Total Predevelopment Cost (1+2+3) Development Cost 4. Land and/or building acquisition 5. Construction Cost 6. Contingency*** 7. Architect & Engineering Fees 8, Utility/Soft Holding Costs 9. Listing/Closing costs Total Development Cost (Total of items 4 — 9) Total Predevelopment and Development Funds Developer Fee (10% of Total Predevelopment and Development Funds paid for with HOME Funds)* Total with Developer Fee HOME $ FUNDS (1) 112.50 3,841.00 3,953.50 7,765.00 164,680.00 3,000.00 4,700.00 1,500.00 181,555.00 185,508.50 18,550.85 204,059.35 OTHER $ SOURCE OF OTHER TOTAL $ FUNDS FUNDS FUNDS (2) (Names) (1+2) 8,490.00 Proceeds of Sale** 112.50 3,841.00 3,953.50 7,765.00 164,680.00 3,000.00 4,700.00 1,500.00 8,490.00 190,045.00 193,998.50 18,550.85 212,549.35 *Developer Fee shall be paid from HOME Funds by invoice after the closing of the sale of the house to a HOME Eligible Buyer. The Developer Fee consists of 10% of the total of HOME Funds Total Predevelopment and Development Funds. City in its sole discretion may elect to pay a portion of the Developer Fee before closing. **Seller -paid closing costs as shown on the Closing Disclosure paid from gross sales proceeds from the sale of the house. ***Developer must obtain City's written approval before the Contingency line item may be charged. CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 EXHIBIT "C" PROJECT AND REIMBURSEMENT SCHEDULE TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST Phase PHASE I ACTIVITIES: PHASE I DEADLINE: 4/30/2017 PHASE II ACTIVIITES: PHASE II DEADLINE: 6/30/2017 PHASE III ACTIVIITES: PHASE III DEADLINE: 8/30/2017 PHASE IV ACTIVIITES: PHASE IV DEADLINE: 10/31/2017 PHASE V ACTIVITIES: PHASE V DEADLINE: 11/30/2017 CONSTRUCTION TOTAL DEVELOPER FEE** Activity Predevelopment Costs Acquisition Architect & Engineering 1st Payment* Construction: Foundation, framing, etc. Utility/Soft Holding Costs 2" Payment* Construction: Drywall, roofing, landscape, etc. Utility/Soft Holding Costs 3` `1 Payment* Construction: Finish out, Trim, etc. Utility/Soft Holding Costs 4th Payment* Construction: Retainage, etc. Utility/Soft Holding Costs 5Payment* Paid after closing of sale to HOME Eligible Buyer *Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change. **10% of project related development costs as shown on Exhibit "C" - Budget. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Beginning Week — subject to weather permitting $14,000.00* $75,862.50* $35,100.00* $45,100.00* $15,446.00* $185,508.50 $18,550.85 Page 2 Rev 10-19-2016 EXHIBIT "D" AUDIT CERTIFICATION FORM TARRANT COUNTY HOUSING PARTNERSHIP, INC 3641 EAGLE NEST STREET [See attached] CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Tarrant County Housing Partnership, Inc. Fiscal Year Ending: September 30, 2017 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $750,000. We will have our Single Audit or Program Specific Audit completed and will submit the required audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure MUST be filled out if Single Audit or Program Audit is NOT required. Pass Through Program Name & Contract Federal Grantor Expenditures Grantor CFDA Number Number Signatory and Title Total Federal Expenditures for this Fiscal Year: Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200 by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 2 Rev 10-19-2016 EXHIBIT "E" LOAN DOCUMENTS TARRANT COUNTY HOUSING PARTNERSHIP, INC 3641 EAGLE NEST STREET CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 PROMISSORY NOTE HOME CHDO Funds Date: , 2016 Borrower: Tarrant County Housing Partnership, Inc., a Texas non-profit corporation Borrower's Mailing Address: 4200 S. Freeway, Tower Suite 307, Fort Worth, Tarrant County, TX 76115 Lender: City of Fort Worth, Texas, a Texas municipal corporation Place for Payment: CIO Director of Neighborhood Services Department 1000 Throckmorton St. Fort Worth, Tarrant County, TX 76102 or at any other place that Lender may designate in writing Principal Amount: $ 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: , 2018 Terms of Payment (principal and interest): This Note is the Promissory Note required in City Secretary Contract No. 46622-A5 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 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 and in the event of such default, Lender may invoke any remedies for default provided in the Contract or the Deed of Trust. The Note is subject to all terms and conditions of the Contract. The Loan will be forgiven provided that (i) the house is sold to a HOME Eligible Buyer in Page 1 rev 10-19-2016 PROMISSORY NOTE — HOME CHDO FUNDS TCHP — 3641 Eagle Nest Street accordance with HOME Program Requirements, (ii) Lender receives the Sales Proceeds, and (iii) Borrower is not otherwise in default of the Loan terms or the Contract. In the even the Loan is not forgiven in accordance with the terms of the Contract, the Principal Amount will be payable in full on the Maturity Date under the terms and conditions as provided in the Contract. Security for Payment: This Note is secured by a Deed of Trust of even date from Borrower to Vicki S. Ganske or Leann D. Guzman, Trustee, which covers the following real property: Lot 2, Block 3-R, Jarvis Heights Apartments Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in County Clerk's File No. D213160719, of the Official Public Records, Tarrant County, Texas, commonly known as 3641 Eagle Nest Street, Fort Worth, TX 76106. Other Security for Payment: As set forth in the Contract. Borrower promises to pay to the order of Lender the Principal Amount under the terms and conditions described in the Contract if not otherwise forgiven. 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. 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 30 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 Page 2 rev 10-19-2016 PROMISSORY NOTE — HOME CHDO FUNDS TCHP — 3641 Eagle Nest Street 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 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 Page 3 rev 10-19-2016 PROMISSORY NOTE — HOME CHDO FUNDS TCHP — 3641 Eagle Nest Street order for relief is entered; (7) any of the following parties is dissolved, begins to wind up 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 TCHP — 3641 Eagle Nest Street Page 4 rev 10-19-2016 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 TCHP — 3641 Eagle Nest Street Page 5 rev. 10-19-2016 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 CHDO Funds Terms Date: , 2016 Grantor: Tarrant County Housing Partnership, Inc., a Texas nonprofit corporation Grantor's Mailing Address: 4200 S. Freeway, Tower Suite 307, Fort Worth, Tarrant County, TX 76115 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 Neighborhood Services 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 TCHP — 3641 Eagle Nest Street Page 1 Rev. 10-19-2016 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: , 2016 Original Principal Amount: $ Borrower: Tarrant County Housing Partnership, Inc. Lender: City of Fort Worth Teirns of Payment: As provided in the Note Maturity Date: , 2018 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 2, Block 3-R, Jarvis Heights Apartments Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in County Clerk's File No. D213160719, of the Official Public Records, Tarrant County, Texas, commonly known as 3641 Eagle Nest Street, Fort Worth, TX 76106. 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 TCHP — 3641 Eagle Nest Street Page 2 Rev. 10-19-2016 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 WaiTanty. 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 TCHP — 3641 Eagle Nest Street Page 3 Rev. 10-19-2016 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- 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 TCHP — 3641 Eagle Nest Street Page 4 Rev. 10-19-2016 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 teiiirs 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 teiurs 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; DEED OF TRUST — HOME CHDO FUNDS TCHP —3641 Eagle Nest Street Page 5 Rev. 10-19-2016 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 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 liens 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 DEED OF TRUST — HOME CHDO FUNDS TCHP — 364 1 Eagle Nest Street Page 6 Rev. 10-19-2016 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 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 obligations 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, DEED OF TRUST — HOME CHDO FUNDS TCHP —3641 Eagle Nest Street Page 7 Rev. 10-19-2016 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 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 DEED OF TRUST — HOME CHDO FUNDS TCHP — 3641 Eagle Nest Street Page 8 Rev. 10-19-2016 easements, without the prior written consent of Lender. If granted, consent may be conditioned upon (a) the grantee's integrity, reputation, character, creditworthiness, and 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 liens, 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 Obligations, 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 TCHP — 3641 Eagle Nest Street Page 9 Rev. 10-19-2016 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 lien 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 TCHP — 3641 Eagle Nest Street Page 10 Rev. 10-19-2016 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. The debt evidenced by the Note is in payment of the purchase price of the Property and the development costs of the Required Improvements as described in the Contract; the debt is secured both by the Deed of Trust and by a vendor's lien on the Property. This Deed of Trust does not waive the vendor's lien, and the two liens 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. 25. If the Property is transferred by foreclosure, the transferee will acquire title to all insurance policies on the Property including all paid but unearned premiums. 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 terius, covenants and conditions of City Secretary Contract No. 46622-A5 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 DEED OF TRUST — HOME CHDO FUNDS TCHP — 3641 Eagle Nest Street Page 11 Rev. 10-19-2016 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 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 TCHP — 3641 Eagle Nest Street Page 12 Rev. 10-19-2016 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. STATE OF TEXAS COUNTY OF TARRANT TARRANT COUNTY HOUSING PARTNERSHIP, INC., a Texas nonprofit corporation By: § § Donna VanNess, President This instrument was acknowledged before me on , 2016 by Donna VanNess, the President of Tarrant County Housing Partnership, Inc., a Texas nonprofit corporation, on behalf of such corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Fort Worth City Attorney's Office Attention: Vicki S. Ganske 1000 Throckmorton Street Fort Worth, Texas 76102 DEED OF TRUST — HOME CHDO FUNDS TCHP — 3641 Eagle Nest Street Page 13 Rev. 10-19-2016 EXHIBIT "F" REIMBURSEMENT FORMS TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 Attachment I INVOICE Developer: Tarrant County Housing Partnership, Inc. Address: 4200 S. Freeway, Suite 307, Fort Worth, TX 76115 Taxpayer ID: Project Site Address: Period of Service: Program' This Invoice Amount Cumulative to Date Developer Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and Developer. 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: Attachment II EXPENDITURES WORKSHEET Developer: Tarrant County Aousine Partnershin, inc. Project Site Address: 3641 Eagle Nest Street, Fort Worth, TX 76106 UNE NO. CHECK NO. EXPENSE DESCRIPTION BUDGET LINE ITEM PAYEE AMOUNT 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 (Itemize each expense and attach invoices, receipts, cancelled checks, and other backup documentation to (From Exhibit C) verify that the costs are directly attributable to the Project and that the costs have actually been paid by Developer.) TOTAL Developer 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. 3641 EAGLE NEST STREET CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 Developer: Tarrant County Roanlnc RlrtaemitIn Project SiteAddrac: elide PROJECT COMPLIANCE REPORT: MULTI FAMILY 1)i)�)lljl� Rational �I): )S}U214�UUr, i112Y4d11>Ai(Wr onlilMl Qp(Inalrnle On EXII IStr 711011 (1001040 One) Whke Income (0nly<n0one I 50.4.1.00) 2415R�0000 20526.130 - 2.5242I3U ILSSII �J0 900 405)26°0 4}y0: 13.325 330 5300 34565 0 y6y� 6' 2'930 O0 �7,063 000V10 i B6'ROO t a:SRfi_l00 44043430 446930014 EXHIBIT "H" DAVIS BACON REQUIREMENTS - FEDERAL LABOR STANDARDS PROVISIONS TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 Exhibit "H t t Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (I) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally 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 Secretary 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 under Section l(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: Previous editions are obsolete 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 employed 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 of the action taken shall be sent by HUD or its designee 10 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 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,) (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 of 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. (111) 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 form HUD-4010 (06/2009) Page 1 of 5 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 necessary 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 necessary 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 number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of 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 or 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 enforceable, that the plan or program is financially responsible, and that the plan or program has been 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 only need to include an individually identifying number for each 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; Previous editions are obsolete 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 earned, 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 equivalents 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 his 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 less than the applicable predetermined rate for the work performed until an acceptable program is approved. (11) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed 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, expressed 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 not 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 event the Employment and Training Administration withdraws approval of a training program, the contractor will no Longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until 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 opportunity 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 Part 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 other 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. 6. 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 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. (Ili) 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 shalt 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 8 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. Previous editions are obsolete 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 Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 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 Secretary of Housing and Urban Development or the Secretary 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 Page 1 of 4 General Decision Number: TX160025 01/08/2016 TX25 Superseded General Decision Number: TX20150025 State: Texas Construction Type: Residential Counties: Johnson, Parker and Tarrant Counties in Texas. Residential Projects consisting of single family homes and apartments up to and including 4 stories. Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 SUTX1990-020 04/01/1990 Rates Fringes CARPENTER (excluding drywall hanging and form setting) $ 9.315 CEMENT MASON/CONCRETE FINISHER (Excluding form setting) $ 9.48 DRYWALL HANGER $ 9.00 ELECTRICIAN $ 10.214 Form Setter $ 9.194 HVAC MECHANIC (including duct, excluding pipe work) $ 8.337 Laborer, common $ 7.25 Painters: Brush $ 8.85 Spray $ 10.00 PLUMBER (Including HVAC WORK)....$ 10.687 ROOFER, Including Built Up, Composition and Single Ply Roofs $ 8.646 Sheet Metal Worker (Excluding HVAC-duct work) $ 14.103 httr.•//.s,.,,.,, .,,rlydl rrnl./..,rinl/onaf;lrsc/rla.rieharn,/TY')S rl.,l-0.,_I1 In/lohn7, Page 2 of 4 TILE SETTER $ 11.50 TRUCK DRIVER $ 7.25 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion .............l,.t rh,1,9.,=n to/t o/1nt c Page 3 of 4 date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage Page 4 of 4 payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION hr+„•//.,,..,.,,.,,,1„1 n...,/.,,.i..Uonn4;1cso/.1,31,:ohn....,,/TV')C r1.,1,9.,=n 1n/ioi�nic EXHIBIT "I" SECTION 3 REPORTING FORMS TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 EXHIBIT "I" 'Section 3 Summary Report Economic Opportunities for Low — and Very Low -Income Persons U.S. Department of Housing and Urban Development Office of Fair Housing And Equal Opportunity Section back of page for Public Reporting Burden statement 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 4. Contact Person 6. Length of Grant: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 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: Part I: Employment and Training (** Columns B, C and F are manda ory fields. Include New Hi es in E &F) A B C D E F Number of Number of New % of Aggregate Number % of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec. 3 Residents that are Sec. 3 Residents and Trainees 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 3 = Public/Indian Housing A = Development, B = Operation C = Modernization 4 = Homeless Assistance 5 = HOME 6 = HOME State Administered 7 = CDBG Entitlement 8 = CDBG State Administered 9 = Other CD Programs 10 = Other Housing Programs Page 1 of 2 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 OA, 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 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 11 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/IHAs 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 for Low- and Very Low -Income Persons. 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 contractors 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. 3641 EAGLE NEST STREET Page 1 CHDO SINGLE FAMILY CONTRACT Hardy Street Infi11 Project TCHP — 3641 Eagle Nest Street Rev 10-19-2016 FORT WORTH® Standard of Documentation for Reimbursement of Development Costs Cost Type Documentation Standard Acquisition of Real Property • 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 / HUD-1 • Appraisal or other document used to determine purchase price • Proof of Payment (bank statement/cancelled check) • Verification of Vacant Status (as applicable) Pre -development and Soft Costs (Architect, Engineer, Landscape Design, Surveys, Appraisals, Environmental, Legal Fees, Other Consultants, Etc.) Construction Costs (Contractors & Subcontractors) • 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 (ie. bank statement or cancelled check) • Fully executed contract/service agreements/letter agreement 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. • 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) • Copy of applicable inspection report(s) conducted by HED Inspector • Copy of executed agreements - Provide printout from www.sam.gov verifying contractor/subcontractors are not listed on the debarred and suspension list Housing and Economic Development FINAL as of 1/9/2015 Page 1 FORT WORTH® Standard of Documentation for Reimbursement of Development Costs Construction Costs (Contractors & • If only a portion is being paid with City funds, then show calculation of Subcontractors) how costs are allocated. (continued) • For payment of final retainage for the prime contractor, lien waivers for the prime and all subcontractors. • List of subcontractors Materials Purchased Directly by • Invoice Developer (if applicable) - 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) ▪ Verification of Delivery Developer Fee • Final Invoice Reflecting Total Development Cost (if paid directly from HOME funds) • Proof of payment for any other entity/funding source contributing to development costs. ▪ Show calculation of agreed upon developer fee percentage • Copies of final lien releases from contractor/subcontractor • Complete Documentation income eligibility of buyers/renters (i.e. income er tenants docs for eligible homebuy / , sales contract between developer/homebuyer, HAP Deed of Trust w/ required affordability period language, etc.) • Lease documents ▪ Final inspections of completed units Housing and Economic Development FINAL as of 1/9/2015 Page 2 EXHIBIT "K" MBE REPORTING FORM TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3641 EAGLE NEST STREET CHDO SINGLE FAMILY CONTRACT Hardy Street Infill Project TCHP — 3641 Eagle Nest Street Page 1 Rev 10-19-2016 Exhibit "K" Contract and Subcontract Activity U.S. Department of Rousing and Urban Development OMB Approval No.: 2577-0088 OMB Approval No.: 2502-0355 Public reporting burden for this collection of information is estimated to average .5 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. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number. Executive Orders datcd July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. Privacy Act Notice = The United States Department of Housing and Urban Development. Federal Housing Administration. is authorized to solicit the Information requested in this form by virtue of Title 12. United States Code, Section 1701 et seq., and regulation. It will not be disclosed or rclesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law. 1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency City of Fort Worth 30. Name of Contact Person 3b. Phone Number (Including Area Code) 4. Reporting Period Alice Cruz 817-392-7322 © Oct. 1 - Sept. 30 (Annual -,Y) Contractor or Gmnt/Project Number or HUD Subcontractor Caro Number or other Type of Trade Business identification of property. Amount of Content Code Racial/Ethnic Woman Owned Business subdivision. dwelling unit. etc. or Subconmct (See below) (Sec below) (Yes or No) 7a. 7b. 7c. 7d. 7e. MI11111111111 i,1,tY 'mu". iL .1..1 CPDI 1 New Construction 2 - Education/Training 3 = Other 7c: Type of Trade Codes: Housbig/Public Housing: 1 - New Construction 6 - Professional 2 - Substantial Rehab. 3 - Repair 4 - Service 5 - Pruiect Mane. 7.. Tenant Services 8 - Education/Training 9 - Arch./Engrg. Appraisal 0 - Other Subcontractor Prime Contractor Identification (ID) Identification (ID) Sec. 3 Business Number Sec. 3 Number Sec. 3 (YesorNo) 7f 7g. M 7i. -ni u,, .1 r��r a id(I)i,,, Yllyjilili d1 I, Check if PH 1H �HoD Horning 5. Program Code (Not applicable for CP programs.) See explanation of Codes at bottom of Page Use a separate sheet for each program code. 2. Location (City. State Zip Code) 1000 Throckmorton. Fort Worth. TX 76102 6. Date Submitted to Field Office Contractor/Subcontractor Name and Address 7j. Name Street City 7d: Racial/Etlmic Codes: 5: Program Codes (Complete for Housing and Public and Indian Housing programs only): = White Americans 2 = Black Americans 3 = Native Americans 4 = Hispanic Americans 5 = Asian/Pacific Americans 6 - Hasidic Jews 1 - AB Iasuied. including Section8 2- Flexible Subsidy 3 - Section 8 Noninsured, Non-HFDA 4 - Insured (Management) 5 - Section 202 6 - HUD -Held (Mmmgement) 7 - PublidNdia Housing 8 - Section 811 Previous editions are obsolete form HUD-2516 (8/98) State Zip This report is to be completed by grantees, developers, sponsors. builders, agencies, and/or project owners for reporting contract and subcontract activities of $10.000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities: and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than 510,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low -and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to be Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Numbers Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi -year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51 % of the business. When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor. Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each firm receiving contract/subcontract activity only one time on each report for each firm. completed for public and Indian housing and most community development programs. Form HUD. 60002 is to be completed by all other HUD programs including State administered community development programs covered under Section3. A Section 3 Contractor/subcontractor is a business concern that provides economic opportunities to low and very Low-income residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 person or more owned by low-income residents; or provides subcontracting or business development opportunities to businesses owned by low or low-income residents. Low and very low-income residents; include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston -Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller an larger families, except that the Secretary may establish income ceilings higher or lower than SO per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction Multifamily Housing Programs 1. Grantee/Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. 3. Contact Person: Same as item 3 under CPD Programs. 4. Reporting Period: Check only one period. 5. Program Code: Enter the appropriate program code. costs or unusually high or low-income families. Very low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the secretary may establish income ceilings higher or lower than 50 per centum 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. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Complete item 7h. Only once for each contractor/subcontractor on each semi-annual report Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Include only contracts expected during this reporting period. PHAsII iAs are to report all contracts/subcontracts. Public Housing and Indian Housing Programs PHAs/IHAs are to report all contracts/subcontracts. Include only contracts executed during this reporting period, 1. Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. Check box as appropriate. 3. Contact Person: Saute as item 3 under CPD Programs. 4. Reporting Period: Check only one period. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or 5. Program Code: Enter the appropriate program code. number assigned. 76. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs. 7c. Type of Trade: Sate as item 7c. under CPD Programs. 7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number- Same as item 7h. under CPD Programs. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. 7a. Grant/Project Number: Enter the HUD Project Number or Housing, Development Grant or number assigned. 7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs. 7c. Type of Trade: Same as item 7c. under CPD Programs. 7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. M&C Review Page 1 of 6 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 8/4/2015 - Ordinance No. 21817-08-2015 CONTINUED FROM A PREVIOUS WEEK DATE: 7/28/2015 REFERENCE G-18521 LOG NAME: 17NS NO.: HUDACTIONPLANPY2015-2016 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's 2015-2016 Action Plan for the Use of Federal Grant Funds in the Amount of $9,820,979.00 from the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings to allow citizen input and consideration of the City's 2015-2016 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,820,979.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2015-2016 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the reconstruction of City streets; 4. Authorize the collection and use of an estimated $200,000.00 of program income, which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the City's Homebuyer Assistance Program; 5. Authorize the City Manager or his designee to execute contracts for a one-year term with the agencies listed in Tables 1, 2 and 3 below for Program Year 2015-2016 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council_packet/mc_review.asp?ID=2123 3 &councildate=8/4/201 5 10/18/2016 M&C Review Page 2 of 6 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,820,979.00 consisting of $6,332,270.00 in Community Development Block Grant funds, $1,934,447.00 in HOME Investment Partnerships Program funds, $552,108.00 in Emergency Solutions Grant funds and $1,002,154.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2015-2016 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2015 and ending September 30, 2016 for use of federal grant funds totaling $9,820,979.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 20, 2015 and to the City Council at its Pre -Council meeting on June 16, 2015. Notice of a 30-day public comment period from July 1, 2015 to July 31, 2015 was published in the Fort Worth Star-Telearam on June 28, 2015. Any comments received will be maintained by the Neighborhood Services Department in accordance with federal regulations. The City will hold two public hearings as part of the HUD -required citizen participation process, the first on July 28, 2015 and the second on August 4, 2015 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 18, 2015 at 11:30 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached. The 2015-2016 Action Plan must be submitted to HUD by August 14, 2015. CDBG For Program Year 2015-2016, it is recommended that the amount of $6,332,270.00 in CDBG funds and the estimated amount of $50,000.00 of CDBG program income be allocated as follows: Public Services - $949,840.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Programs and Services - $2,175,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Infrastructure Services - $1,201,521.53 This item includes funding for the reconstruction of neighborhood streets. CDBG Economic Development - $738,854.47 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income - $50,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=2 123 3 &councildate=8/4/20 1 5 10/18/2016 M&C Review Page 3 of 6 This item includes funding for the reconstruction of City streets in addition to the funds listed above under Infrastructure Services. CDBG program income that is received which is over the estimated amount but not used for reconstruction of City streets will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration - $1,266,454.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. HOME For Program Year 2015-2016, it is recommended that the amount of $1,934,447.00 in HOME funds and the estimated amount of $200,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program (HAP) - $1,097,400.00 This item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside - $290,168.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO, to construct additional single family houses for the 21 lot Hardy Street Single Family Infill Development in the Diamond Hill -Jarvis neighborhood (Council District 2). The houses will be sold to homebuyers making at or below 80 percent of area median income set by HUD. Single -Family Development - $353,435.00 This item includes funding for construction by TCHP of additional single family houses for the Hardy Street Single Family Infill Development. HOME General Administration - $193,444.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income - $200,000.00 This item includes funding for the City's HAP for closing cost and/or down payment assistance in addition to the funds listed above. HOME program income that is received which is over the estimated amount but not used for HAP will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOPWA For Program Year 2015-2016, it is recommended that the amount of $1,002,154.00 in HOPWA funds be allocated as follows: Non -Profit Service Providers - $972,090.00 HOPWA Program Administration - $30,064.00 ESG For Program Year 2015-2016, it is recommended that the amount of $552,108.00 in ESG funds be allocated as follows: Non -Profit Service Providers - $510,700.00 ESG Program Administration - $41,408.00 http://apps.cfwnet.org/council_packet/mcjeview.asp?ID=21233 &councildate=8/4/201 5 10/18/2016 M&C Review Page 4 of 6 CONTRACT RECOMMENDATIONS The CDC and Staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts: (Organization Cenikor Foundation Table 1 - CDBG Agencies °Program Substance Abuse Senior Citizen Services of Greater Tarrant County Inc. YMCA of Metropolitan Fort Worth YWCA of Fort Worth and Tarrant County Clayton Child Care Inc. d/b/a Clayton YES! Girls Inc. of Tarrant County Camp Fire First Texas Lena Pope Home, Inc. The Ladder Alliance Tarrant County Housing Partnership, Inc. Presbyterian Night Shelter The Salvation Army, a Georgia Corporation Meals on Wheels, Inc. of Tarrant County CDBG Public Service Subtotal Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.** Total CDBG Contracts Senior Services Child Care Services Child Care Services Child Care Services Youth Services Youth Services Youth Services Employment/Job Training Housing Counseling and Education Case Management/Main Shelter Homeless Services Home -delivered Meals Program Project Ramp 'Amount $ 75,000.00 $ 75,000.00 �$ �$ �$ �$ I$ 75,000.00 49,840.00 75,000.00 75,000.00 75,000.00 75,000.00 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.001 $ 949,840.00 $ 100,000.00 $1,049,840.001 **REACH will be funded from the CDBG Housing Programs and Services budget. Housing Opportunities For Persons With AIDS Contracts: Organization Tarrant County Samaritan Housing, Inc. AIDS Outreach Center, Inc. Table 2 - HOPWA Agencies Program Administration (seven percent), Supportive Services, and Facility Based Housing Subsidy Assistance Administration (seven percent), Supportive Services, Tenant Based Rental Assistance (TBRA), and Short Term Rent Mortgage and Utility Amount $420,063.00 $552,027.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=21233&councildate=8/4/2015 10/18/2016 M&C Review Page 5 of 6 TOTAL HOPWA Contracts I) Assistance (STRMU) Emergency Solutions Grant Contracts: Table 3 - ESG Agencies Organization SafeHaven of Tarrant County Presbyterian Night Shelter Day Resource Center for the Homeless Program Shelter Services Shelter Services Shelter Services The Salvation Army, a Georgia Corporation I Homelessness Prevention YWCA Fort Worth and Tarrant County TOTAL ESG Contracts These programs are available in ALL COUNCIL DISTRICTS. Rapid Re -Housing $972,090.00 Amount $104,265.00 $ 85,908.00 $141,092.00 1 $100,000.00 $ 79,435.00 $510,700.00 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers 21001 4310013 019CDBG $6,332,270.00 21001 5XXXXXX 019CDBG $6,332,270.00 21001 4310013 019HOME $1,934.447.00 21001 5XXXXXX 019HOME $1,934,447.00 21001 4310013 019ESG $552,108.00 21001 5XXXXXX 019ESG $552,108.00 21001 4921001 019CDBG $50,000.00 21001 5XXXXXX 019CDBG $50.000.00 21001 4310013 019HOPWA $1.002.154.00 21001 5XXXXXX 019HOPWA $1,002,154.00 21001 4921001 019HOME $200.000.00 21001 5XXXXXX 019HOME $200,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Allison Gray (8030) Avis Chaisson (6342) Leticia Rodriguez (7319) http://apps.cfwnet.org/couneil_packet/mc_review.asp?ID=2 1 23 3 &councildate=8/4/20 1 5 10/18/2016 M&C Review Page 6 of 6 ATTACHMENTS 17NS HUDACTIONPLANPY2015-2016 GR76 AO FY2015.docx Action Plan 15 16 FINAL MandC Slides LHR.pdf Proposed 2015 CDBG Infrastructure Project MandC.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=21233&councildate=8/4/2015 10/18/2016 M&C Review Page 1 of 3 CITY COUNCIL AGENDA DATE: 10/18/2016 REFERENCE NO.: **C-27967 LOG NAME: Official site of the City of Fort Worth, Texas FORT WORTII 19ADDITIONAL HOME FUNDING FOR HARDY PROJECT AND CHDO OPERATING CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Allocation of an Additional $800,000.00 of HOME Investment Partnerships Program Grant Funds to Tarrant County Housing Partnership, Inc. for the Hardy Street Single Family Infill Development in the Diamond -Hill -Jarvis Neighborhood and Operating Funds and Authorize Execution of Contracts (COUNCIL DISTRICTS 2 and 9) RECOMMENDATION: It is recommended that the City Council: 1. 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; 2. Authorize allocation of an additional $600,000.00 in HOME Investment Partnerships Program grant funds to Tarrant County Housing Partnership, Inc. for the development of additional single family houses as part of phase two of the Hardy Street Single Family Infill Development located in the Diamond Hill -Jarvis neighborhood; 3. Authorize allocation of $200,000.00 in HOME Investment Partnerships Program grant funds to Tarrant County Housing Partnership, Inc. for Community Housing Development Organization operating funds; 4. Authorize the City Manager or his designee to execute contracts with Tarrant County Housing Partnership, Inc. for the construction of single family houses for a two year term with the option for a one year extension; 5. Authorize the City Manager or his designee to execute contracts with Tarrant County Housing Partnership, Inc. for Community Housing Development Organization operating expenses for PY 2016-2017 and future program years for one year terms with the option for a one year extension; and 6. Authorize the City Manager or his designee to amend all contracts with Tarrant County Housing Partnership, Inc. 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 September 23, 2014, the City Council authorized the the direct sale of 21 lots and the allocation of $1,300,000.00 of HOME Investment Partnerships Program (HOME) grant funds to the Fort Worth Housing Finance Corporation (FWHFC) for the Hardy Street Single Family Infill Development (Mayor and Council Communication (M&C) C-27008). On April 14, 2015, the City Council authorized the assignment of the HOME contracts and the Purchase and Sale Agreement for the lots from FWHFC to Tarrant County Housing Partnership, Inc. (TCHP), a Community Housing Development Organization (CHDO) (M&C C- 27264). The purpose of the assignments was to assist the City in meeting its CHDO commitment and spending goals with the United States Department of Housing and Urban Development (HUD). On May 19, 2015, the City Council authorized the allocation of an additional $310,000.00 of HOME funds to TCHP to complete two more houses for the project (M&C C-27295). On August 4, 2015, the City Council in the Annual Action Plan authorized the allocation of an additional $643,603.00 of HOME funds to TCHP for increased development costs for the first nine houses in the project as well as providing a portion of the http://apps.cfwnet.org/council packet/mc_review.asp?ID=22876&councildate=10/18/2016 10/18/2016 M&C Review Page 2 of 3 construction costs for the second phase of the project (M&C G-18521). The total amount of HOME funds allocated to this project to date is $2,153,603.00. TCHP has completed and sold to HOME -eligible buyers all nine houses under the contracts it has been assigned to date. TCHP would like to begin construction in late 2016 on six more houses for phase two of the project, but needs an additional $600,000.00 of HOME funds for construction costs. Staff recommends the allocation of an additional $600,000.00 in HOME funds for the development of phase two and $200,000.00 in CHDO Operating funds for CHDO operating costs for the 2016-2017 operating year and future operating years. The purpose of CHDO operating funds is to assist a CHDO in its efforts to develop and maintain operating capacity in order to expand affordable housing activities. In order to enter into a contract for CHDO operating funds, HUD requires a CHDO to either currently have a contract for an eligible CHDO set -aside project, or have a project commitment within 24 months of the date of the operating funds contract. These additional funds will allow the City to meet its CHDO commitment and spending goals with HUD. The HOME funds may be used for any eligible costs related to the development in accordance with the HOME regulations. The purpose of the project is to benefit low and moderate -income citizens by providing them with quality, accessible, affordable housing. The Action Plan funding years may vary and be substituted based on the principle of First In, First Out in order to expend oldest grant funds first. A public comment period on the change in use of these funds was held from September 18, 2016 to October 17, 2016. Any comments are maintained by the Neighborhood Services Department, in accordance with federal regulations. Hardy Street Single Family Infill project is located in COUNCIL DISTRICT 2, Mapsco 48Z. TCHP CHDO Operating is located in COUNCIL DISTRICTS 2 and 9, Mapsco 91E. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO [ Fund Department ID FROM Fund Department ID Account Account Project I Program ID Project I Program ID Submitted for City Manaqer's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Form 1295 2015-2016.pdf Form 1295 2016-2017.pdf Activity I Budget Reference # Year (Chartfield 2) Activity Budget Year Fernando Costa (6122) Aubrey Thagard (8187) Alice Cruz (7322) Avis Chaisson (6342) Reference # (Chartfield 2) Amount Amount http://apps.cfwnet.org/councilpacket/mc review.asp?ID=22876&councildate=10/18/2016 10/18/2016 M&C Review Page 3 of 3 Form 1295 Phase 2 Hardy.pdf HARDYPLATTEDLOTS BLOCK.pdf http://apps.cfwnet.org/counckpacket/mc 10/18/2016 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tarrant County Housing Partnership, Inc. Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. TCHARDY2016 Affordable housing development 4 FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-72861 Date Filed: 06/17/2016 Date Acknowl ed: / X)1&4 the contract, and provide a Name of interested Party City, State, Country (place of business) 5 Check only if there is NO Interested Party. 6 AFFIDAVIT RACHAEL FIERRO Notary ID # 11170975 My Commission Expires February 23, 2019 AFFIX NOTARY STAMP / SEAL ABOVE Nature of interest (check applicable) Controlling Intermediary I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct, Swornto and subscribed before me, by the said \ Ni\Q VG.j11U ess 20 1ttO,edify which, witness my hand and seal of office. fficer administering oath ed agent of contr Lting business entity , this the day of At,1n xQA urro Printed name of officer administering oath Title of oflicerhdministering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.1021