1999-280AN 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 Caty, represented by its City Manager, have negotiated an
agreement for the development of Toledo Court, and
WHEREAS, the tmderstandlng of the parties has been reduced to a Memorandum of Un-
derstanding which the City Council deems it in the pubhc interest to approve, NOW, THERE-
FORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the Memorandum of Understanding between the City, the DAHC, and
the Staging 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 ofttus orchnance for all purposes, is hereby approved The City Manager is
hereby authorized to execute the attached Memorandum of Understanding
~ That the City Manager is hereby authorized to make the expenditures and
take the actions set forth xn the attached Agreement
~ That thru ordinance shall become effective immediately upon ats passage
and approval
PASSED AND APPROVED this the .fl/---'-;~day of {~~, 1999
<..
JAC~
ATTEST
JENNIFER WAL. TERS, cI~rY SECRETARY
HERBER~T L PRO~ CITY ~TO~Y
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 concermng the development of Toledo Court
DAHC agrees to
· Reduce the number of homes in the subdivision from six to four
· The four homes wall 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 meehamsm is deemed appropriate
· Each homeowner will be responsible for mamtmmng 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 w~th 10' fences, conveying ownership of the fences to the
neighbonng property owners who wall 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 .~ffordable Homeownershtp Opportunity
Program (AHOP), as well as some oparatmg costs
Allow DAHC to use a portion of these 1999 HOME funds, estimated to be
approximately $73,000, to reimburse the orgamzataon 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 w~ll necessitate environmental
clearance procedures be undertaken which may result in a 30-day delay for some
of the construction actiwtles on the site
Approved this the ,-~/~L~ dayofd~~~1999
DENTON AFFORDABLE HOUSING
CORPORATI~
SINGING OAK NEIGHBORHOOD
ASSOCIATION
CITY OF DENTON