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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45957
�te WIJEVEAS, on October 30, 2013. the City of Fort Worth ("City") and Tarrant County
Housi4 i�inership, Inc. ('Developer") made and entered into City Secretary Contract No.
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7� (t� e "Contract"), as authorized by the City Council in M&C C-25531 adopted on March
27, 2012 which provided $1,115,000 of City's HOME funds to Developer for the development
and construction of up to 10 single family houses in the Hillside-Morningside neighborhood ;
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, a portion of the City's HOME funds are reserved for the use of certain
housing development entities that qualify under the HOME Regulations as a Community
Housing Development Organization ("CHDO") and Developer is qualified as a CHDO under the
HOME Regulations;
WHEREAS, Developer requested HOME CHDO funds for the construction of a single
family house located at 1205 E. Jessamine Street to be sold to HOME Eligible Buyers under the
terms and conditions set forth in the Contract;
WHEREAS, the lot at 1205 Jessamine Street is yet not ready for construction to
commence, however the lot at 1244 E. Jessamine Street is, and Developer has requested an
amendment to the Contract to allow the lot at 1244 E. Jessamine Street to be substituted for the
original lot at 1205 E. Jessamine Street. City has agreed to the substitution in order to meet the
HOME requirements for the project and for the development to be built out in a timely manner;
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:
"Required Improvements or the house means all the improvements for a single
family house to be constructed on the Property, together with all fixtures,
improvements and appurtenances now or later to be located on the Property and/or
in such improvements. The house will be commonly known as 1244 E. Jessamine
Street, Fort`North, TX 76104. The Required Improvements are part of an infill
housing development project in which Developer will construct and sell single
family housing in the Hillside-Morningside neighborhood to HOME Eligible
Buyers (the "project").
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CONTRACT AMENDMENT to CSC No.45957 1 11°". WOR C HI, TX Page 1
Tarrant County Housing Partnership, Inc.— 1244 E. Jessamine St °, . ° °°° Rev. 09/2015
II.
In all other Sections and Exhibits of the Contract, the address "1244 E. Jessamine
Street" shall be substituted for 1205 E. Jessamine Street.
III.
This amendment is effective as of the Effective Date of the Contract.
IV.
All other terms and conditions of City Secretary Contract No. 45957 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.
[SIGNATURES TO FOLLOW]
CONTRACT AMENDMENT to CSC No.45957 Page 2
Tarrant County Housing Partnership,Inc.— 1244 E. Jessamine St. Rev. 09/2015
ACCEPTED AND
ATTEST. .. CITY OF FORT WORTH
tify Fernando Costa, Assistant City Manager
M&C
APPROVED AS TO FORM AND LEGALITY:
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Vicki S. Ganske, Senior Assistant City Attorney
TARRANT COUNTY HOUSING
PARTNERSHIP, a T�s�on-pr 'fit corporation
BY;,/ ... a .5. .... ...,
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CONTRACT AMENDMENT to CSC No. 45957 Page 3
Tarrant County Housing Partnership,Inc.—1244 E. Jessamine St. Rev. 09/2015
M&C Review Pagel of 3
Official site of the City of Fort Worth,Texas
FC3RT'WORTFI
COUNCIL ACTION: Approved on 3/2712012
DATE: 3/27/2012 REFERENCE C-25531 NAME: 17TCHP_HILLSIDEWORNINGSIDE_10
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Expenditure in the Amount of$1,115,000.00 of HOME Investment Partnerships
Program Grant Funds to Tarrant County Housing Partnership, Inc., for the Development
of Ten Single Family Houses in the Hillside-Morningside Neighborhood, Authorize
Execution of Conditional Commitments and Contracts (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize substitution of funding years in order to meet commitment, disbursement and
expenditure deadlines for grant funds from the United States Department of Housing and Urban
Development;
2. Authorize expenditure of $1,115,000.00 in HOME Investment Partnerships Program Grant funds
as allocated in the 2011-2012 Action Plan to Tarrant County Housing Partnership, Inc., a certified
Community Housing Development Organization, for the development of up to ten single family
houses in the Hillside-Morningside neighborhood;
3. Authorize execution of conditional commitments with Tarrant County Housing Partnership, Inc.,
that conditions funding, among other things, on satisfactory completion of HOME Investment
Partnerships Program requirements;
4. Authorize execution of contracts with the Tarrant County Housing Partnership, Inc., for the project
for a three year term beginning on the date of execution of the contract;
5. Authorize extension or renewal of the conditional commitment(s) or the contract(s) if Tarrant
County Housing Partnership, Inc., requests an extension and such extension is necessary for
completion of the project; and
6. Authorize amendment of the conditional commitment(s) or the contract(s) 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 May 14, 2011, 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
Partnerships Program Grant funds. On November 18, 2011, the Tarrant County Housing
Partnership, Inc., (TCHP) submitted a response requesting $617,884.00 of the available HOME funds
to acquire 17 sites on which it proposed to construct single family houses. The request also included
funds for CHDO operating expenses.
Staff reviewed all RFP submissions and recommended the award to TCHP of$1,115,000.00 in
HOME funds to the Community Development Council (CDC) at its meeting held on May 25, 2011.
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The CDC agreed with Staffs funding recommendation for the Project. Up to $100,000.00 of the
awarded funds will be used for operating expenses and $1,008,943.10 for construction of 10 houses
and other development expenses including the developer fee, which is based on the cost of
construction.
TCHP plans to develop up to 10 single family houses to be located in the Hillside-Morningside
neighborhood. There are three floor plan options available varying in square footage from
approximately 1300 to 1600 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. TCHP will be allowed a 10 percent developer's fee based on the cost to construct the houses.
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.
The Action Plan's funding years for federal funds selected may vary and be substituted based on the
principle of First In, First Out (FIFO) in order to expend oldest grant funds first. The HOME funds
may be used for any eligible costs related to the development.
Staff recommends the expenditure up to $1,115,000.00 in HOME funds for the Project to benefit low
and very low income citizens by providing affordable housing. A public comment period on the
expenditure of these HOME funds was held from June 28, 2011 to July 27, 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 017206531090 $100,000.00 GR76 539120 017206531030 $100.000.00
GR76 539120 017206531100 $1,008,943.10 GR76 539120 017206531040 $1,008,943.10
GR76 539120 005206123100 $6,056.90 GR76 539120 005206123970 $6,056.90
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
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Additional Information Contact: Fabiola Suarez (6811)
ATTACHMENTS
17TCHP.MAP.pd
http://apps.cfwnet.org/council_packet/me—review.asp?ID=16625&councildate=3/27/2012 9/18/2015