HomeMy WebLinkAboutContract 59854-CD1We her by `
true a d c e t at this is a
CITY SECRETARY c) i Y of the
(,0t,111RAGT NO Mr, 1 By: rfT�E
DEED RESTRICTIONS
HOME -ARP Funds
THESE DEED RESTRICTIONS ("Deed Restrictions") are made effective as September
28, 2023, by and between NEW LEAF COMMUNITY SERVICES, a Texas nonprofit corporation
("Owner"), as Grantor, and CITY OF FORT WORTH, TEXAS, a Texas municipal corporation
("City"), as Grantee.
WITNESSETH:
WHEREAS, City has received a grant from the United States Department of Housing and
Urban Development ("HUD") under Section 3205 of the American Rescue Plan Act of 2021
("ARP"), provided through the HOME Investment Partnerships Program ("HOME") , Catalog of
Federal Domestic Assistance No. 14.239, known as HOME -ARP Funds, with which the City
desires to promote activities that expand the supply of affordable housing for homeless and at -risk
populations and the development of partnerships among City, local governments, local lenders,
private industry and nonprofit 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 Program
Final Rule, as amended, 24 CFR Part 92 et seq., is to benefit low- and moderate -income individuals
and families by providing.them with affordable housing;
WHEREAS, HUD has issued additional detailed guidance for use of the HOME -ARP
funds through CPD Notice 21-10 dated September 13, 2021, and Memorandum regarding HOME -
ARP Waivers dated September 8, 2021, known as the HOME -ARP Guidance;
WHEREAS, Owner proposes to use HOME funds for a project whereby Owner will
construct, develop, own, and operate a new 48-unit Permanent Supportive Housing project in the
City to be known as Camp Bowie Apartments (the "Project");
WHEREAS, City has agreed to lend, and Owner has agreed to accept, a loan of City
HOME -ARP funds in the amount of $4,028,476.00 (the "Load'), pursuant to the requirements of
the HOME program in accordance with that certain HOME -ARP Contract, City Secretary Contract
No. 59854, between Owner and City, for the purpose of assisting Owner in developing the Project
("HOME -ARP Contract");
WHEREAS, as a condition to City making the Loan, Owner must agree to comply with
certain occupancy, rent and other restrictions for a period of time in order to comply with the
HOME -ARP Compliance Requirements, and agrees to convey to City certain covenants and
restrictions that will burden the hereinafter described real property so that the Project will meet the
HOME -ARP Compliance Requirements ("HOME -ARP Requirements");
NOW, THEREFORE, in consideration of the making of the Loan by the City and the
disbursement of any part thereof, and in order to comply with the requirements of the Act and the
HOME -ARP DEED RESTRICTIONS OFFICIAL REO,_^li Page i
New Leaf Community Services — Camp Bowie Apartments CM �y r, q� IT Rev. 09.19.2023
FT, wo �, I hilt
HOME Regulations and the HOME -ARP Guidance, Owner (together with its successors and
assigns and subsequent owners of the Project), hereby agrees that the following restrictions shall
apply to the real property described in the attached EXHIBIT "A":
1) In compliance with the maximum per unit subsidy amount rules at 24 CFR Part
92.250(a) and the minimum amount of assistance rules at 24 CFR Part 92.205(c), the number of
units in the Project which have been designated by Owner and approved by the City as subject to
all occupancy, rent, and compliance requirements contained in the HOME Regulations and the
HOME -ARP Guidance shall consist of 31 units of the 48 total residential units in the Project
("HOME -ARP Units")
2) HOME -ARP units will be available to Qualifying Populations or homeless or at -
risk persons or households as defined in detail in HUD CPD Notice 21-10 and HOME -ARP
Guidance. Qualifying Populations include any designated targeted subpopulation of these groups
that is eligible to reside in the Project, including individuals or households that are homeless,
chronically homeless, at risk of homelessness, fleeing or attempting to flee domestic violence,
formerly homeless and in need of continued housing assistance or supportive services, or at
greatest risk of housing instability due to extremely low income and other factors. Chronically
Homeless persons or households have been designated as the primary targeted client subpopulation
for the City of Fort Worth HOME -ARP Program and for the Project.
3) Owner hereby acknowledges and agrees that the Project is to be owned, managed
and operated as a rental housing project for affordable housing as set forth in the HOME -ARP
Guidance and, that the HOME -ARP Units must be occupied only by HOME -ARP Eligible
Households as defined in the HOME -ARP Contract.
a. Low Income Household HOME -ARP Rent is the lesser of: a) the HUD Fair
Market Rent for existing housing for comparable area units, or b) rent equal to 30% of the
annual income of a family at 65% of AMI, as established annually by HUD and adjusted
for bedroom size. Low Income Household HOME -ARP Rent is generally equivalent to
High HOME Rent under the HOME Program. If a Low -Income Household received
federally funded tenant -based rental assistance, the rent is the amount that is permissible
under the applicable rental assistance program.
4) HOME -ARP Qualifying Population Rent. Owner must verify that the rent amount
is not greater than 30% of the adjusted income of a family whose annual income equals 50% of
AMI with adjustment for the bedroom size of the housing unit. The HOME -ARP Rent for
Qualifying Population Households may not exceed the maximum rent limitations set by HUD
minus utility allowances as more particularly described in Section 7.5.4. Units occupied by
Qualifying Population tenants that receive federally funded rental assistance and contribute no
more than 30% of their income in rent may charge the maximum rent permissible under the
applicable rental assistance program.
5) Tenant Income. Owner must verify that Low Income Household Tenants have an
annual income adjusted for family size that does not exceed 80% of AMI set by HUD. Tenant
income must be verified based on 24 CFR 65.609 using the most current HUD Income Guidelines
HOME -ARP DEED RESTRICTIONS Page 2
New Leaf Community Services — Camp Bowie Apartments Rev. 09.19.2023
and Technical Guidance for Determining Income and Allowances subject to the income
verification requirements of Section 7.2 of the HOME -ARP Contract.
a. Tenant Eligibility for Qualifying Populations. Eligibility of Chronically Homeless
prospective tenants shall be documented upon entry to the Project through HMIS with
records of length of time period(s) of homelessness and nature of disability from a
qualified service provider as required by the HOME -ARP Guidance. After admission
the qualified population tenant retains eligibility irrespective of changes in income or
whether the household continues to meet the definition of a Qualifying Population.
b. Preference for Chronically Homeless. Project will implement a preference for
Chronically Homeless tenants for all HOME -ARP -assisted units. Property Manager
will ensure that full documentation of Chronically Homeless status is maintained in
tenant files, including documentation of disability and documentation of length of
time(s) tenant was previously homeless.
6) Tenant Lease and Tenant Selection. Owner's lease for the HOME -ARP Units shall
comply with 24 CFR Part 92.253 as more particularly described in the HOME -ARP Contract.
Owner's tenant selection policy and criteria shall be consistent with the purpose of providing
housing in accordance with the HOME Regulations and HOME -ARP Guidance including
addressing non—discrimination and affirmative marketing as more particularly set out in the
HOME -ARP Contract.
a. Project will maintain a project -specific waiting list for such Low -Income HOME -ARP
Units. This waiting list will at a minimum retain applicant information in chronological
order based on when complete tenant information was received, while to the greatest
extent possible prioritizing families and households currently residing in the City of
Fort Worth that meet the "At Risk of Homelessness" and "At Greatest Risk of Housing
Instability" Qualified Population definitions from the HOME -ARP Guidance.
Applicants to the waiting list may not be charged a fee to be placed on the waiting list.
7) The Project shall be maintained to and fully comply with all City Codes and federal
Housing Quality Standards.
8) The Compliance Period for the Project is 15 years ("Compliance Period") as more
particularly described in the HOME -ARP Contract. The Compliance Period begins on the date
that the project status is changed to "complete" in IDIS, HUD's project tracking system.
9) The preceding use restriction and Compliance Period (i) shall run with the land, (ii)
shall be binding upon the Owner and Owner's heirs, personal representatives, successors and
assigns, and (iii) shall be enforceable by actions at law or in equity by the City, its successors and
assigns and/or one or more third -party beneficiaries. For the purpose of these Deed Restrictions, a
third -party beneficiary shall be any member of a HOME -ARP Eligible Household as defined in
the HOME -ARP Contract. Owner hereby subjects the Project (including the Project site) to the
covenants, reservations and restrictions set forth in these Deed Restrictions and Owner hereby
declares its express intent that the covenants, reservations and restrictions set forth herein shall, be
HOME -ARP DEED RESTRICTIONS Page 3
New Leaf Community Services — Camp Bowie Apartments Rev. 09.19.2023
deemed covenants running with the land and shall, pass to and be binding upon Owner's successors
in title to the Project. Each and every contract, deed or other instrument hereafter executed
covering or conveying the Project or any portion thereof shall conclusively be held to have been
executed, delivered and accepted subject to such covenants, reservations and restrictions as set
forth in such contract, deed or other instruments.
10) Owner hereby agrees to execute further documentation required by the City or
HUD which may be necessary to cause these Deed Restrictions to comply with the laws,
ordinances and/or regulations referenced herein or in the HOME -ARP Contract (or any other
applicable laws that supplement, amend, restate, replace or otherwise pertain to such laws,
ordinances and/or regulations).
11) Sale or Transfer of the Land or Project. Until the termination of these Deed
Restrictions, Owner hereby covenants and agrees not to sell, transfer or otherwise dispose of any
portion of the real property or Project, without obtaining the prior written consent of the City. Any
transfer or disposition of the real property or the Project without the written agreement of the City,
in a form as will meet the requirements of a conveyance of real property in Texas, shall be null,
void and without effect, shall cause a reversion of title to Owner and shall be ineffective to relieve
Owner of its obligations under this document.
12) Owner and City hereby declare their understanding and intent that the covenants,
reservations and restrictions set forth herein directly benefit the real property.
13) Default; Remedies. City shall declare an "Event of Default" to have occurred
hereunder if City becomes aware or is notified in writing of a default in the performance or
observance of any covenant, agreement or obligation of Owner set forth in these Deed Restrictions,
and if such default remains uncured for a period of 60 days after written notice of such default
shall have been given by City to Owner.
In the event of any action at law or suit in equity by one party to these Deed Restrictions
against another party with respect to these Deed Restrictions, the party prevailing in such action
shall receive from the other party and the other party shall pay to the prevailing party, in addition
to all other sums which may be payable to the prevailing party as a result of such action, a
reasonable sum for the prevailing party's attorneys' fees and costs and other expenses of such action
or suit.
No failure to exercise and no delay in exercising any right hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise
thereof, or the exercise of any other right. The rights and remedies herein provided shall be in
addition to all other rights or remedies provided by law. No modification or waiver of any
provision of these Deed Restrictions, or consent to departure here from, shall be effective unless
in writing and signed by the parties and no such modification, consent, or waiver shall extend
beyond the particular case and purpose involved. No notice or demand given in any case shall
constitute a waiver of the right to take other action in the same, similar or other instances without
such notice or demand.
HOME -ARP DEED RESTRICTIONS Page 4
New Leaf Community Services — Camp Bowie Apartments Rev. 09,19.2023
14) Owner shall cause this document, and all amendments and supplements hereto and
thereto, to be recorded and filed in the real property records of Tarrant County and in such other
places as City may reasonably request. Owner shall pay all fees and charges incurred in connection
with any such recording.
15) These Deed Restrictions shall be governed by the laws of the State of Texas.
16) Headings and titles herein are for convenience only and shall not influence any
construction or interpretation.
17) If any provision of these Deed Restrictions shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not
in any way be affected or impaired thereby.
18) All terms not defined herein shall have the meaning proscribed to them in the
HOME -ARP Contract. If any provision of these Deed Restrictions conflicts with any
provision of the HOME -ARP Contract, the provisions of the HOME -ARP Contract will
govern to the extent of the conflict. The HOME -ARP Contract is on file with the City
Secretary's Office as a public and official document of the City.
[Signature Pages to Follow]
HOME -ARP DEED RESTRICTIONS Page 5
New Leaf Community Services — Camp Bowie Apartments Rev. 09.19.2023
IN WITNESS WHEREOF, Owner and the City have executed this document by duly
authorized representatives, all on the date first written hereinabove.
OWNER:
NEW LEAF COMMUNITY SERVICES, a Texas
nonprof orp n
By: /
R. Stevie �Cjhristian, Chair
Date: /u� 'Z' 3
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on September 28, 2023, by R. Steve
Christian, Chair of New Leaf Community Services, a Texas nonprofit corporation, on behalf of
said corporation.
rt ;i
LINDSAY EVANS Notary M ta of Texas —
Notary Public, state of Texas
Comm. Expires o8-16-2024
Notary ID 10607364
[Signatures Pages Continue]
HOME -ARP DEED RESTRICTIONS Page 6
New Leaf Community Services — Camp Bowie Apartments Rev. 09.19.2023
IN WITNESS WHEREOF, Owner and the City have executed this document by duly
authorized representatives, all on the date first written hereinabove.
ATTEST:
Ap
A' i
A'
Cit S cretary
M C 2-0456 Dated June
01.a�,
A
Fo
0,
Date2022-887432
01,
OF FORT WORTH
APPROVED S T WO D LE ITY:
Leslie .HSenior ity Attorney
STATE OF TEXAS §
COUNTY OF TARRANT §
Costa, Assistant City Manager
This instrument was acknowledged before me on September 28, 2023, by Fernando Costa,
Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of
said corporation.
'`"'""''" EVONIA DANIELS
y- eotary Public State of Texas
�cNotary Public, State of Texas
.+� Comm. Expires 07-13-202.5
Notary ID 126950030
OFNCYAL RECORD
WORTH, TX �
HOME -ARP DEED RESTRICTIONS Page 7
New Leaf Community Services — Camp Bowie Apartments Rev. 09.19.2023
EXHIBIT "A"
Legal Description
Common Address:
8843 Camp Bowie West Boulevard, Fort Worth, TX 76116
Property Legal Description:
Being a 2.900-acre tract situated In Tract B, Block 26, of Western Hills Addition, as shown on
Plat of said subdivision recorded in Volume 388-51, Page 20, of the Plat Records of Tarrant
County, Texas. and being that certain ceiled 2.896-acre tract described In Instrument to Eighty -
West Properties, recorded In Volume 7660, Page 321 of the Deed Records of Tarrant County,
Texas, said 2.900-acre tract being more particularly described as follows:
BEGINNING at a 3/4" iron rod found in the south right-of-way of Camp Bowie West Boulevard
(aka Spur No. 580) (162 feet wide), for the northwest corner of Lot A-313, Block 26, Western Hills
Addition, Section 4, as shown on plat recorded in Volume 388-206, Page 82, P.R.T.C.T., being
the northeast corner of said Tract B and the herein described 2.900 acre tract, from which an angle
iron found for reference bears South 89°28'47" East, 94.87 feet;
THENCE South 00002'07" East, with the east line of said Tract B, at 155.70 feet passing a 1/2"
iron rod found for the southwest comer of said Lot A-313, being a northwest corner of Lot A-3A
Block 26, Western Hills Addition, Section 4, as shown on said plat recorded in Volume 388-206,
Page 82, P.R.T.C.T., in all a total distance of 414.86 feet, to a 1/2" iron rod with cap stamped
"Texas Surveying, Inc." set in the north line of Block 26, of Western Hills Addition, Section 4, as
shown on plat recorded in Volume 388-51, Page 20, P.R.T.C.T., for the southwest corner of said
Lot A-3A, being the southeast corner of said Tract B and the herein described 2.900 acre tract;
THENCE North 89°53'07" West, 303.75 feet, with the south line of said Tract B, to a 1/2" iron
rod found for the southeast corner of Lot B-RI-1R, Block 26, Western Hills Addition, Section 4,
as shown on plat recorded In Cabinet A, Side 12912, P.R.T.C.T., being the southwest corner of
the herein described 2.900 acre tract;
THENCE North 00°27'07" West, 417.01 feet, with the east line of said Lot B-R1-lR, to a 1/2"
iron rod found in the south right-of-way of said Camp Bowie West Boulevard, the north line of
said Tract B, for the northeast corner said Lot B-Rl-lR, being the northeast corner of the herein
described 2.900 acre tract, from which a 5/8" iron rod found for reference bears North 89°28'47"
West, 99.96 feet;
THENCE South 89°28'47" East, 303.78 feet with the south right-of-way of said Camp Bowie
West Boulevard, the north line of said Tract B, to the POINT OF BEGINNING, and containing
2.900 acres. Bearings, Distances, and/or Areas derived from GNSS observations performed by
Texas Surveying, Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North
Central Zone 4202. (Grid)
HOME -ARP DEED RESTRICTIONS Page 8
New Leaf Community Services — Camp Bowie Apartments Rev. 09.19.2023