HomeMy WebLinkAboutResolution Fort Worth Housing Finance Corporation (FWHFC) FWHFC-2022-05RESOLUTION NO. FWHFC-2022-05
FORT WORTH HOUSING FINANCE CORPORATION
A RESOLUTION
AUTHORIZING THE CORPORATION OR AN AFFILIATE TO ACT AS GENERAL
CONTRACTOR FOR THE DEVELPMENT OF PALLADIUM OAK GROVE
APARTMENTS LOCATED AT 840 AND 1000 OAK GROVE ROAD
WHEREAS, the City Council of the City of Fort Worth ("City") has adopted
development and revitalization of the City's neighborhoods and affordable housing stock as a
strategic goal, and City residents and the City Council have determined that quality accessible
affordable housing is needed for moderate, low and very low-income City residents;
WHEREAS, the City Council created the Fort Worth Housing Finance Corporation (the
"Corporation") in 1979 pursuant to the Texas Housing Finance Corporations Act, Chapter 394
of the Texas Local Government Code, to facilitate neighborhood revitalization and housing
initiatives in the City, including but not limited to issuing tax exempt bonds; developing,
rehabilitating and promoting housing; and assisting low to moderate income City residents in
acquiring quality, accessible, affordable housing through lending and construction activities;
WHEREAS, the Corporation seeks to promote neighborhood revitalization and foster the
development of affordable quality housing throughout the City by developing partnerships
among the City, the Corporation, local governments, lenders, private industry and neighborhood -
based nonprofit housing organizations;
WHEREAS, Palladium USA, Inc. ("Palladium"), a Delaware corporation, is a
developer of affordable housing and has developed over 25 affordable and mixed income
multifamily properties in Texas;
WHEREAS, the Board of the Corporation has approved an agreement with Palladium to
develop the Palladium Oak Grove Apartments, an approximately 240-unit multifamily housing
development to be located at 840 and 1000 Oak Grove Road (the "Project");
WHEREAS, on January 25, 2022, the Board of the Corporation (the "Board")
authorized the hiring of John C. Shackelford, Shackleford, Bowen, McKinley & Norton, LLP, as
legal counsel to assist the Corporation and the Company with the negotiation of terms and to
assist with Housing Tax Credit and multifamily housing revenue bond applications for the
Project and the documents necessary for the development, financing, construction and
management of Palladium Oak Grove;
WHEREAS, Palladium will apply for 2022 Non -Competitive (4%) Housing Tax Credits
from the Texas Department of Housing and Community Affairs ("TDHCA") and has already
applied for multifamily revenue bonds from the Texas Department of Housing and Community
Affairs ("TDHCA") to finance a portion of the costs of the Project;
RESOLUTION NO. FWHFC-2022-05
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WHEREAS, the Corporation has agreed to participate in the Project by ratifying the
formation of and entering PFW Oak Grove GP, LLC, a Texas limited liability company (the
"GP"), a single purpose entity to serve as general partner of Palladium Oak Grove, Ltd., a Texas
limited partnership (the "Partnership"), that will own the Project;
WHEREAS, the Corporation has also approved various actions relating to the creation
and operation of the GP, the Partnership, and other actions necessary for the development of the
Project;
WHEREAS, Palladium has requested that the Corporation, which shall for all purposes
of this resolution include the Corporation or a duly created affiliate, serve as the Project's
General Contractor in order to take advantage of the state sales tax exemption available to the
Corporation during construction in order to assist the Project, and agrees to enter into a
construction contract for the Project with the Corporation ("Construction Contract"), as well as
an agreement with the Corporation and a Master Subcontractor which will assume all of the
General Contractor's obligations under the Construction Contract ("Master Subcontract
Agreement");
WHEREAS, the Master Subcontractor (and other to -be -determined entities as needed)
will indemnify and hold harmless the Corporation for any acts or omissions of the Master
Subcontractor or any subcontractor and any acts or omissions of the Corporation except for the
Corporation's own gross negligence and intentional acts, and the Corporation will also be
indemnified and held harmless for any obligations it incurs under the Construction Contract;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE FORT WORTH HOUSING FINANCE CORPORATION:
1. THAT the Board authorizes the Corporation to act as General Contractor for the Project,
and authorizes the execution and delivery of the Construction Contract and Master
Subcontract Agreement for the Project.
2. THAT Fernando Costa, General Manager of the Corporation, or Victor Turner, Assistant
General Manager of the Corporation, or their duly appointed successors, are each
authorized to execute and deliver the Construction Contract and the Master Subcontract
Agreement for and on behalf of the Corporation along with any related documents
necessary to implement the Construction Contract or the Master Subcontract Agreement,
and each is authorized to extend, modify and amend the Construction Contract or the
Master Subcontract Agreement, provided any such extensions, modifications and
amendments are within the scope of the Project, and in conformance with the goals and
purposes of the Corporation, as amended from time to time.
RESOLUTION NO. FWIIFC-2022-05
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3. THAT this Resolution takes effect from the date of its adoption.
AND IT IS SO RESOLVED.
Adopted March 29, 2022.
FORT WORTH HOUSING FINANCE CORPORATION
Carlos flores
President
Attest:
Jannette S. Goodall
Corporate Secretary