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Home My WebLink AboutContract 44565-A2 CRY SECR9TAW CONTRACT M0.,u�� P"2— SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44565 WHEREAS, on June 20, 2013, the City of Fort Worth ("City") and Tarrant County Housing Partnership, Inc. ("Developer") made and entered into City Secretary Contract No. 44565 (the "Contract"), as authorized by the City Council in M&C C- 24714 which provided City HOME funds to Developer for the development of 3 single family houses in the Hillside-Morningside neighborhood(the project); WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development through the HOME Investment Partnerships Program, Catalog of Federal Domestic Assistance No. 14.239; WHEREAS, Developer is qualified as a Community Housing Development Organization ("CHDO")under the HOME Regulations; WHEREAS, Developer requested HOME CHDO funds for the construction of a single family house located at 1300 E. Jefferson to be sold to HOME Eligible Buyers under the terms and conditions set forth in the Contract; WHEREAS, City and Developer executed the First Amendment to the Contract to extend the deadline to complete the house and increase the construction budget; WHEREAS, the amount of the Developer Fee can be determined since the house is now complete; and WHEREAS, it is the mutual desire of City and Developer to amend the Contract to complete the project and meet Contract objectives. NOW THEREFORE, City and Developer hereby agree as follows: I. Section 2. DEFINITIONS is amended to be and read as follows: ,,HOME Funds means the HOME Program grant funds supplied by City to Developer under the terms of this Contract not to exceed $137,683.94." II. OFFICIAL RECORD This amendment is effective as of the Effective Date of the Contract. CITY SECRETARY FT.WORTH,TX Ill. All other terms and conditions of City Secretary Contract No. 44565 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. CONTRACT AMENDMENT 2 to CSC No.44565 Page 1 Tarrant County Housing Partnership,Inc.—1300 E.Jefferson Rev.9-5-14 RECEIVED SEP 19 2014 'V®R�� ACCEPTED AND AGRE / Q ATT T: V$ g� Y OF FORT WORTH ° OO°°o°°°p° ity ec s 5 Fernando Costa,Assistant City Manager M&C C- 4714 Date: 1/25 APPROVE ;AST O FO AND LEGALITY: ./ cam,� Vicki S.Ganske, Senior Assistant City Attorney STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �Y , 2014 by Fernando Costa,Assistant City Manager of the City of Fout Worth,gn beha the City gf Fort Worth. otary Public, Matte of Texas , EVONIA DANIELS Notary Public,State of Texas My Commission Expires -,;•E• <�+ July 10, 2017 TARRANT COUNTY HOUSING PARTNE exas - rofit corporation By: on a ess, Preside STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on %/�� 2014 by Donna VanNess, President of Tarrant County Housing Partnership, Inc., a exas on-profit corporation, acting on behalf of such corporation. Notary Public, St of re'Ka s T-T =, 7 ,:- J1 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CONTRACT AMENDMENT 2 to CSC No.44565 Page 2 Tarrant County Housing Partnership,Inc.— 1300 E.Jefferson Rev.9-5-14 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Nir- COUNCIL ACTION: Approved on 1/25/2011 DATE: 1/25/2011 REFERENCE C-24714 LOG NAME: 17TCHP- NO.: HILLSIDEWORNINGSIDE CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize a Change in Use and Expenditure of$381,931.00 of HOME Investment Partnerships Program Grant Funds to Tarrant County Housing Partnership, Inc., for the Development of Three Single Family Houses in the Hillside-Morningside Neighborhood, Authorize the Execution of Conditional Commitment and Contract and Authorize a Substantial Amendment to the City's 2010-2011 Action Plan (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a substantial amendment to the City's 2010-2011 Action Plan; 2. 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; 3. Authorize a change in use and expenditure of$381,931.00 in HOME Investment Partnerships Program Grant funds to Tarrant County Housing Partnership, Inc., a certified Community Housing Development Organization, for the development of three single family houses in the Hillside- Morningside neighborhood; 4. Authorize the City Manager, or his designee, to execute a conditional commitment with Tarrant County Housing Partnership, Inc., that conditions funding, among other things, on satisfactory completion of HOME requirements; 5. Authorize the City Manager, or his designee, to execute a Contract with the Tarrant County Housing Partnership, Inc., for the project for a three year term beginning on the date of execution of the contract; 6. Authorize the City Manager, or his designee, to extend or renew the conditional commitment or the contract if Tarrant County Housing Partnership, Inc., requests a written extension and such extension is necessary for completion of the project; and 7. Authorize the City Manager, or his designee, to amend the conditional commitment or the Contract 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 October 14, 2010, the City issued a Request for Proposals (RFP)for certified Community Housing Development Organizations (CHDO) to award and expend up to$1,261,931.00 of HOME Investment 1 Q Partnerships Program Grant funds. On November 18, 2010,the Tarrant County Housing �f Partnership, Inc., (TCHP) submitted a response requesting $617,884.00 of the available HOME funds http://apps.cfwnet.org/council_packet/mc review.asp?ID=14661&councildate=1/25/2011 9/12/2014 M&C Review Page 2 of 3 to acquire seventeen sites on which it proposed to construct single family houses. The request also included funds for related CHDO operating expenses. City staff reviewed all RFP submissions and recommended the award to TCHP of$381,931.00 in HOME funds to the Community Development Council (CDC) at its meeting held on December 1, 2010. The CDC agreed with staffs funding recommendation for the project. Up to $50,000.00 of the awarded funds will be used for operating expenses and $331,931.00 for construction of three houses and other development expenses. TCHP plans to develop three single family houses to be located in the Hillside-Morningside neighborhood. There are three floor plan options available and all houses will be at a minimum 1250 square feet with three bedrooms, two baths and a rear detached garage. The houses will be sold to an individual or family that earns 80 percent or less of Area Median Income as determined by the United States Department of Housing and Urban Development(HUD). Buyers must meet all HOME Program requirements including applying for and receiving at least$1,000.00 in down payment and/or closing cost assistance from the City's Homebuyer Assistance Program and occupying the house as their primary residence for five years. City staff recommends the following Contract terms: i. Construction must begin within six months of date of Contract execution; ii. TCHP's performance under the Contract and use of the HOME funds will be secured by a recorded Deed of Trust; iii. Houses must be sold to a HOME eligible buyer; and iv. Proceeds from the sale of houses must be used to construct additional houses for a HOME eligible buyer and construction of Proceeds houses must occur within the three year contract term. The expenditure of HOME funds is conditioned upon the following: i. Satisfactory completion of the environmental review per 24 CFR Part 58, and ii. Authorization to use grant funds from HUD. City staff recommends the change in use and expenditure up to$381,931.00 in HOME funds for the project to benefit low and very low income citizens by providing affordable housing. A public comment period on the change in use of these HOME funds was held from December 16, 2010 to January 20, 2011. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 017206461XXX $150.000.00 GR76 539120 017206461030 $150.000.00 GR76 539120 017206461XXX $231.931.00 GR76 539120 017206461040 $231.931.00 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) http://apps.cfwnet.org/council_packet/mc review.asp?ID=14661&councildate=1/25/2011 9/12/2014 M&C Review Page 3 of 3 Avis F. Chaisson (6342) ATTACHMENTS http.It apps.cfwnet.org/council_packet/mc review.asp?ID=14661&councildate=1/25/2011 9/12/2014