HomeMy WebLinkAboutResolution Fort Worth Local Development Corporation (FWLDC) FWHFC-2020-05RESOLUTION NO. FWHFC-2020-05
FORT WORTH HOUSING FINANCE CORPORATION
A RESOLUTION AUTHORIZING THE HIRING JOHN C. SHACKLEFORD AS
LEGAL COUNSEL FOR THE CORPORATION TO ASSIST IN THE
NEGOTIATION OF A MEMORANDUM OF UNDERSTANDING REGARDING
THE CREATION OF A LIMITED PARTNERSHIP WITH DALCOR
AFFORDABLE HOUSING, LLC FOR THE ACQUISITION AND RENOVATION
OF THE PARK AT SYCAMORE APARTMENTS
WHEREAS, the City Council of the City of Fort Worth (the "City") created the
Fort Worth Housing Finance Corporation (the "Corporation") in 1979 pursuant to the
Texas Housing Finance Corporation Act to facilitate the development of decent, safe
quality, affordable, and accessible housing for low and moderate income City residents
through lending and construction activities;
WHEREAS, Dalcor Affordable Housing, LLC ("Dalcor"), a Texas corporation,
is a developer currently specialized in tax credit affordable housing developments and has
developed over 4,222 multifamily housing units, including executive, market rate, and
affordable housing, since the early 1980s;
WHEREAS, Dalcor wishes to acquire and renovate the Park at Sycamore
apartments, an existing affordable development consisting of 216 multifamily units
located at 3801 Sycamore School Road ("Project") constructed in 2004 with an
allocation of 9% tax credits;
WHEREAS, the Project is subject to an Extended Use Period of an additional 15
years of restricted rents after the original Compliance Period as a result of the previously
awarded tax credits, but there are no funds available without further investment to
renovate and upgrade the property including energy efficient improvements;
WHEREAS, the Park at Sycamore is located in an area with few other affordable
rental housing options, and renovations to update and upgrade the existing units would
continue to promote quality affordable housing in the area; "
WHEREAS, Dalcor plans to apply for 2020 Non -Competitive (4%) Housing Tax
Credits from the Texas Department of Housing and Community Affairs for a portion of
the costs of financing the acquisition and renovation of the Project;
WHEREAS, Dalcor has requested that the Corporation enter into negotiations for
a Memorandum of Understanding regarding the creation of a Limited Partnership that
would renovate, own and operate the Project in order to ensure its continuing success as
quality affordable housing;
RESOLUTION NO. FWHFC-2020-05
PAGE 2
WHEREAS, the Board desires to approve hiring John C. Shackelford as legal
counsel to assist the Corporation in connection with the negotiation of a Memorandum of
Understanding setting out the terms of a limited partnership with Dalcor for the
acquisition and renovation of the Park at Sycamore apartments.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE FORT WORTH HOUSING FINANCE CORPORATION:
1. THAT the Board approves the hiring of John C. Shackelford, Shackelford,
Bowen, McKinley & Norton, LLP, as legal counsel to assist the Corporation in
connection with the negotiation of a Memorandum of Understanding regarding
the creation of a limited partnership with Dalcor Affordable Housing, LLC for the
acquisition, renovation, and operation of the Park at Sycamore apartments.
2. THAT the Board approves the payment of attorney's fees for legal services
rendered in assisting the Corporation in negotiating the Memorandum of
Understanding.
3. THAT the Board approves the execution and delivery of an engagement letter for
legal services.
4. 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 engagement letter for and on behalf
of the Corporation along with any related documents necessary to engage John C.
Shackelford, Shackelford, Bowen, McKinley & Norton, LLP, as outside counsel.
5. THAT this resolution takes effect from the date of its adoption.
AND IT IS SO RESOLVED.
ADOPTED August 4, 2020.
FORT WORTH HOUSING FINANCE CORPORATION
By:4mdl�t"'
Jung Jordoi, Vice lesident