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HomeMy WebLinkAbout1999-280ORDINANCENO 0 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORAN- DUM OF UNDERSTANDING BETWEEN THE DENTON AFFORDABLE HOUSING COR- PORATION AND THE SINGING OAKS NEIGHBORHOOD ASSOCIATION SPECIFYING THE TERMS OF THE AGREEMENT CONCERNING THE DEVELOPMENT OF TOLEDO COURT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Affordable Housing Corporation ("DAHC"), the Singing Oaks Neighborhood Association, and the City, represented by its City Manager, have negotiated an agreement for the development of Toledo Court, and WHEREAS, the understanding of the parties has been reduced to a Memorandum of Un- derstanding which the City Council deems it in the public interest to approve, NOW, THERE- FORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Memorandum of Understanding between the City, the DAHC, and the Singing Oaks Neighborhood Association specifying the conditions of the development of the Toledo Court project, substantially in the form of the attached Memorandum of Understanding which is made apart of this ordinance for all purposes, is hereby approved The City Manager is hereby authorized to execute the attached Memorandum of Understanding SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Agreement 4ECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 3/Aay of 1999 JAC MI ER, MAYOR ATTEST JENNIFER WALTERS, CI Y SECRETARY BY ROVED AS TO LEGVFOHERBER,�T� L(j PRROUPRNEY BY G ➢U 4 r} I /n. P \SHAEE=EPI\LOL\Ow Doc ft\0rdJnfflM\99\w1ed0 coun da MEMO OF UNDERSTANDING Toledo Court Subdivision A Memorandum of Understanding between Denton Affordable Housing Corporation (DAHC), Singing Oaks Neighborhood and the City of Denton specifying the terms of agreement between parties concerning the development of Toledo Court DAHC agrees to • Reduce the number of homes in the subdivision from six to four • The four homes will be located on the four outside lots (lots 1, 2, 5 and 6 of the plat) and, as originally designed in the plat, will face toward the two center lots of the plat • An undivided quarter interest in the two center lots would be conveyed to the four remaining homebuyers by whatever legal mechanism is deemed appropriate • Each homeowner will be responsible for maintaining their share of the property • This will entail moving the house which currently sits on lot 3 to lot 5 and removing the house located on lot 4 off the site altogether • The completed foundation work on lots 3 and 4 will have to be removed • Work with Singing Oaks subdivision property owners to replace the existing 8' fences on the contiguous lots located on the south and east sides of the subdivision with 10' fences, conveying ownership of the fences to the neighboring property owners who will be responsible for maintenance • All front doors must face toward the center green -space or toward Mockingbird • All of the homes must have attached garages • The development must comply with the City's landscape ordinance • All other features of the development, as planned, were deemed to be acceptable by the neighborhood representatives Memorandum of Understanding Toledo Court Subdivision Page 2 The City agrees to • Negotiate and execute an agreement to fund DAHC the $98,000 in 1999 HOME funds currently held in reserve for "CHDO set aside activities" These funds were originally earmarked for DAHC's Affordable Homeownership Opportunity Program (AHOP), as well as some operating costs Allow DAHC to use a portion of these 1999 HOME funds, estimated to be approximately $73,000, to reimburse the organization for costs associated with implementing the agreed upon revisions to the Toledo Court project That the balance of the $98,000 HOME award be used by DAHC as originally proposed, namely $20,000 for operating and administrative expenses, and any remaining balance for AHOP program activities • DAHC and Singing Oaks Neighborhood understands that because of the change in the proposed use of a portion of the HOME funds, it will be necessary for the Community Development Office to submit a revision to the City's Action Plan to HUD Further, that the Action Plan revision will necessitate environmental clearance procedures be undertaken which may result in a 30-day delay for some of the construction activities on the site Approved this the 9/ St day of 1e��' 1999 DENTON AFFORDABLE HOUSING CORPORATIO VA/ , OR CITY OF DENTON City SINGING OAK NEIGHBORHOOD ASSOCIATION i