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HomeMy WebLinkAboutResolution Fort Worth Housing Finance Corporation (FWHFC) FWHFC-2021-19RESOLUTION NO. FWHFC-2021-19 FORT WORTH HOUSING FINANCE CORPORATION A RESOLUTION AUTHORIZING THE CORPORATION TO ACT AS GENERAL CONTRACTOR FOR THE DEVELOPMENT OF THE TOBIAS PLACE APARTMENTS LOCATED AT 505 WEST BIDDISON STREET AND 3500 JENNINGS AVENUE 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, Ojala Partners, LP ("Ojala"), a Texas -based Delaware limited partnership, is a developer of affordable housing and has developed over 5,000 affordable and mixed income housing units in Texas; WHEREAS, the Board of the Corporation has approved an agreement with Ojala to develop the Tobias Place Apartments, an approximately 291-unit multifamily housing development to be located at 505 West Biddison Street and 3500 Jennings Avenue (the "Project"); WHEREAS, on October 19, 2021, the Board of the Corporation (the "Board") authorized the hiring of John C. Shackelford, Shackeeford, 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 Tobias Place; WHEREAS, Ojala 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 Tarrant County Housing Finance Corporation to finance a portion of the costs of the Project; RESOLUTION NO. FWHFC-2021-19 PAGE 2 WHEREAS, the Corporation has agreed to participate in the Project by creating Tobias Place GP, LLC, a Texas limited liability company (the "GP"), a single purpose entity to serve as general partner of Tobias Place, LP, 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 Proj ect; WHEREAS, Ojala has requested that the Corporation 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. FWHFC-2021-19 PAGE 3 3. THAT this Resolution takes effect from the date of its adoption. AND IT IS SO RESOLVED. Adopted November 30, 2 02 1. FORT WORTH HOUSING FINANCE CORPORATION .. By. Carlos Flores, President