Loading...
1996-295 First Amendment - Ordinance No 98-034 Second Amendment - Ordinance No. 98-362 Third Amendment - Ordinance No 99-281 ORDINANCE NO 9 ~ ' ~ ~-' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXTEND FUNDS WITH RESPECT TO THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, CITY has received funds from the U S Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992; and WHEREAS, CITY has adopted a budget for such funds and ~ncluded thereln an authorlzed Program Budget for expenditure of funds for operating costs and project funding for the Denton Affordable Houszng Corporatlon mncluded as Attachment "B" which zs attached to and made a part of this ordinance as if written word for word herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the "Agree- ment" attached hereto, between the C~ty of Denton and Denton Affordable Housing Corporation, and authorizes the C~ty Manager to execute sald agreement ~ That the City Council authorzzes the expenditure of funds for operatzng costs and project funding for the Denton Affordable Housing Corporation included as Attachment "B" SEC__~ III That thls ordinance shall become effective ~mme- d~ately upon mts passage and approval PASSED AND APPROVED this the /~ day of ~, 1996 JACK~LLER, MAYOR ATTEST. JENNIFER WALTERS, CITy SECRETARY APP~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION This Agreement Between the City of Denton and the Denton Affordable Housing Corporation ("Agreement") is made and entered 1nto by and between the City of Denton, a Texas municipal corpora- tlon ("CITY"), acting by and through Its City Manager, pursuant to ordinance, and the Denton Affordable Housing Corporation, Denton, Texas a certified non-profit community housing development corporation, (,,CONTRACTOR") WHEREAS, CITY has received funds from the U S Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992, WHEREAS, CITY has adopted a budget for such funds and included thereln an authorized Program Budget for expenditure of funds for operating costs and project funding for the Denton Affordable Housing Corporation included as Attachment "B", WHEREAS, CITY has designated the Community Development Office as the d~vlslon responsible for the administration of th~s Agree- ment and all matters pertaining thereto, and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter de- scrlbed I. TERM This Agreement shall commence on or as of September 01, 1996, and shall terminate on August 31, 1998, unless adjusted by the CITY Request for such an adjustment must be in writing and is to be submitted to the Community Development Office II. RESPONSIBILITIES A CONTP~ACTOR hereby accepts the responsibility for the per- formance of all services and activities, described in the Work Statement attached hereto as Attachment "A" and incorporated herein as if set forth at length, in accordance with the Program Budget attached hereto as Attachment "B" and the Schedule of Contract Activities attached hereto as Attachment KC" and incorporated herein as if set forth at length, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein B CONTRACTOR's executive director shall be CONTRACTOR's representatave responsible for the management of all contractual matters pertaanang hereto, unless wratten notaflcataon to the contrary as receaved from CONTRACTOR, and approved by CITY C CONTRACTOR agrees that all andavadual projects under the Sangle Famaly Dlsposltaon Program descrabed an Attachment ~A" to be assasted wath HOME funds will have approval from the CITY of Denton CONTRACTOR also agrees that prior to expenditure of HOME funds on the Mockangbzrd Lane Project, also described an Attachment ~A", CONTRACTOR w~ll provade CITY wath a project pro forma andacatang all sources and uses of funds for the project CONTRACTOR must also provide CITY wath documentation of site and raght of way control D The CITY'S Communaty Development Admzn~strator will be CITY's representatave responsable for the admlnlstrataon of thzs Agreement E CONTRACTOR shall comply wzth HUD Off~ce of Management and Budget carculares A-122 and A-il0, Attachments B, F, M, paragraph 2 and Attachment 0 F CONTRACTOR shall be certlfzed as a "Communaty Houszng Development Organazataon" (CHDO) with the State of Texas and the Caty of Denton CONTRACTOR shall maintain CHDO Certaflcatlon for the durataon of the contract term G CONTRACTOR shall not request dasbursement of funds until they are needed for payment of elag~ble costs The amount of each request wall be l~m~ted to the amount needed as per 92 504 (c) (2) (vaa) H CONTRACTOR shall not change the Program Budget wzthout praor wratten approval from the CITY I CONTRACTOR shall be responsible for performzng a szte specafac environmental revaew praor to acquasatzon of propertaes under the Sangle Famaly Dasposztzon Program III. CITY'S & CO~TRACTOR'S OBLIGATIONS A CITY, zn accordance wath 24 CFR 92 208, Elzgzble CHDO Operatang Expenses, shall provade funds in the amount of $20,000 or less to assist the CONTRACTOR an the operatzon of the Denton Affordable Housing Corporatzon CITY shall provzde an addataonal $68,850 (,'Project Funds") for speczflc housing projects and programs as descrabed the Work Statement, Attachment ~A" B CONTRACTOR agrees to hold and save harmless the CITY, zts offzcers and employees from any and all loss, cost, or damage of every kand [including, property damage, bodzly an]ury or death], nature or descrapt~on arzszng under th~s Agreement PAGE 2 C CITY shall be responsible for performing an environmental review to insure necessary compliances are met D This Agreement and the payments made hereunder are con- tlngent upon receipt of U S Department of Housing and Urban De- velopment funds pursuant to the HOME Investment Partnership Pro- gram, and shall terminate immediately, not withstanding the pro- visions of Article XV hereof, should such funds be discontinued for any reason E The CONTRACTOR may not request disbursement of funds until they are needed for payment of eligible costs The amount of each request by the CONTRACTOR shall be limited to the amount needed in accordance with 24 CFR 92 504 (c) (2) (vii) and shall involve the activities set forth in the "Contract Activity Schedule" attached as Attachment C IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A The CITY and CONTRACTOR agree to perform their duties arising pursuant to the Agreement in compliance with the U S Department of Housing and Urban Development HOME Investment Partnership Program regulations at 24 CFR 92 B CONTRACTOR shall comply with the uniform administrative requirements, as described in 24 CFR 92 505 in the HOME Investment Partnership Program regulations, a copy of which is attached hereto C CONTRACTOR shall comply with all prescribed procedures regarding nondiscrimination and equal opportunity, affirmative marketing, displacement and relocation, labor relations, lead-based paint and conflict of interest provisions described in 24 CFR 92 subpart H D CONTRACTOR agrees to ensure that all HOME-assisted housing or housing identified as match for the HOME program meets all affordablllty requirements identified in 24 CFR 92 252 or 92 254 CONTRACTOR further agrees to develop a deed of trust for use with all HOME-assisted units that incorporates these require- ments, including remedies for breach of the agreement provisions CONTRACTOR will provide the CITY with a copy of the deed of trust with provisions described above for approval before the sale of any HOME-assisted units E CONTRACTOR agrees that all HOME-assisted housing will meet the property standards requirements and that as a certified Community Housing Development Corporation, they will comply with 24 CFR 92 300 and 92 301 F CONTRACTOR agrees that as a certified community housing development corporation (CHDO), they will comply with 24 CFR 92 300 and 92 301 PAGE 3 G If it is determined that the use of the funding provided by the CITY does not meet the requirements of the U S Department of Housing and Urban Development HOME Investment Partnership Pro- gram, the CONTRACTOR shall reimburse the CITY for the costs deter- mined to be disallowed under the U S Department of Housing and Urban Development HOME Investment Partnership Program regulations H CONTRACTOR shall comply with all applicable Federal laws and regulations at 24 CFR 92 subpart H Subpart H prescribes procedures for compliance in the following areas nondiscrimina- tion and equal opportunity, affirmative marketing, displacement and relocation, labor relations, lead-based paint and conflict of interest I CONTRACTOR agrees that all housing assisted under this agreement will meet the property standards requirements in 24 CFR 92 251 J CONTRACTOR agrees to comply with all applicable Federal laws, laws of the State of Texas and ordinances of the City of Denton V. REPRESENTATIONS A The CITY is providing funding to the CONTRACTOR in order to promote development of affordable housing Use of funds for both administration and programming w~ll meet this stated goal B The CITY ~s the only agent authorized to designate changes to the Program Budget or to approve specific pro~ects and programs authorized pursuant to the non-administration portion of the Program Budget C CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement D The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth E CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section PAGE 4 F CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed VI. COVENANTS A During the term of this Agreement, CONTRACTOR shall not, without the prior written consent of CITY's Community Development Administrator or his/her authorized representative, change the use of the funding provided by the CITY Vii. PROGRAM INCOME Ail fees and interest payments on HOME-assisted units/projects collected by CONTRACTOR are considered Program Income, and shall be retained by the CONTRACTOR to be used for HOME-eligible activitIes and in accordance with HOME program regulations CONTRACTOR shall generate and maintain fiscal records reflecting the use and disposition of Program Income Any interest income on deposited HOME funds must be remitted to the City of Denton on a quarterly basis VIII. MAINTENANCE OF RECORDS A CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received pursuant to this Agreement and pursuant to any other applicable Federal and/or State regulations establishing standards for financial management CONTRACTOR's record system shall contain sufficient documentation to provide detailed support and ~ustlflcatlon for each expenditure Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law CONTRACTOR shall include the substance of this provision in all subcontracts B CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds pursuant to this Agreement for the period of time and under the conditions specified by CITY C Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided pursuant to this Agreement D At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of PAGE 5 · ts authorzzed representatives, all of ~ts records and shall permit CITY, or any of zts authorized representatives to audzt, examine, make excerpts and cop~es of such records, and to conduct audzts of all contracts, invoices, materials, payrolls, records of personnel, cond~tlons or employment and all other data relatzng to the program requested by sazd representatives E The CONTRACTOR shall g~ve the C~ty of Denton, the U S Department of Housing and Urban Development, or any of their duly authorized representatives, access to and the r~ght to examine all books, accounts, records, reports, f~les and other papers belonging to or ~n use by the CONTRACTOR pertaining to th~s Agreement Such rzghts to access shall continue as long as the records are retained by the CONTRACTOR IX. REPORTS AND INFORMATION A CONTRACTOR shall provzde quarterly fznanclal and beneficiary reports that shall contain such records, data and information as CITY may request and deem pertznent to matters covered by thzsAgreement CONTRACTOR shall provide any additional znformatzon as requested by the CITY w~thzn 10 days B An audit must be conducted in accordance wzth 24 CFR parts 44 and 45 as applzcable CONTRACTOR shall submzt a copy of sazd audit to the Communzty Development Offzce wlthzn ten days of receipt of the completed report MONITORINOAND EVALUATION The CITY shall conduct a performance review of CONTRACTOR on an annual bas~s or as otherwise deemed necessary by the CITY to evaluate compliance w~th the prov~szons of th~s Agreement as neces- sary in the performance of its duties of program accountability XI. INSURANCE A CONTRACTOR shall observe sound buszness practices wzth respect to provzd~ng such bonding and ~nsurance as would provide adequate coverage for servzces offered under thzs Agreement B The premises on and in which the actlvltzes descrzbed ~n Exhibit A are conducted, and the employees conductzng these actzvltles, shall be covered by premise llabzllty insurance, com- monly referred to as "Owner/Tenant" coverage wzth CITY named as an additional ~nsured Upon request of CONTRACTOR, CITY may, at ~ts sole d~scretzon, approve alternate insurance coverage arrangements C CONTRACTOR will comply with applicable workers' compensa- tion statutes and w~ll obtain employers' liability coverage where available and other appropriate l~ab~llty coverage for program part~cmpants, if applicable PAGE 6 D CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR Ail employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance Evidence of the employee's current possesszon of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files E Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR F The policy or policies of insurance shall contain a clause which requires that CITY and CONTRACTOR be notified in writing of any cancellatzon or change in the policy at least thirty (30) days prior to such change or cancellation XII. EQUAL OPPORTUNITY During the performance of this Agreement, the CONTRACTOR is subject to Executive Order 11246, as amended, and, therefore, agrees to the following (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status The CONTRACTOR will take affirmative action to ensure that applicants who are employed are treated during employment without regard to their race, color, religion, sex, national origin, or familial status, concerning such employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or their apprenticeship the CONTRACTOR agrees to post in conspicuous places, available to both employees and applicants for employment, notices to be provided by the CITY setting forth provisions of this nondiscrimina- tion clause (2) The CONTRACTOR, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants will receive consideration for employment w~thout regard to race, color, religion, sex, national origin, or familial status XIiI. CONFLICT OF INTEREST A CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree w~th the performance of services required to be performed under this Agreement CON- TRACTOR further covenants that in the performance of this Agree- PAGE 7 ment, no person havzng such znterest shall be employed or appointed as a member of its governing body B CONTRACTOR further covenants that no member of Its governing body or its staff, subCONTRACTORs or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties C No offzcer, member, or employee of CITY and no member of its governzng body who exerczses any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) partzclpate in any decision relating to the Agreement which affects his personal Interest or the interest in any corporation, partnership, or association in which he has direct or Indirect znterest, or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof XIV. POLITICAL OR SECTARIAN ACTIVITY A None of the performance rendered hereunder shall ~nvolve any political activity (including, but not limited to, any activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall involve or benefit in any, manner any sectarian or religious activity XV. WARRANTIES CONTRACTOR represents and warrants that A All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY B Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR C No lltzgatlon or legal proceedings are presently pending or threatened against CONTRACTOR D None of the provzslons herein contravenes or is in con- fllct wzth the authority under which CONTRACTOR is doing business PAGE 8 or with the provisions of any existing ~ndenture or agreement of CONTRACTOR E CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary actzon to authorize such acceptance under the terms and conditions of this Agreement F None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment XVI. COVENANTS A Durlng the period of time that payment may be made here- under and so long as any payments remain unl~quldated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permzt any pre-exlstzng mortgag- es, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the perfor- mance of this Agreement and with respect to which CITY has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dmspose of accounts receivables, notes or claims for money due or to become due (3) Sell, convey, or lease all or substantial part of its assets {4) Make any advance or loan to, or incur any llabzllty for any other firm, person, entzty or corporation as guaran- tor, surety, or accommodation endorser (5) Sell, donate, loan or transfer any equzpment or mtem of personal property purchased with funds pa~d to CONTRACTOR by CITY, unless CITY authorizes such transfer B Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants (1) That the property shall be used to meet one of the national ob3ectlves stated zn §24 CFR 570 until August 31, 2006 PAGE 9 (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improve- ment to, the property C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office XVII. MONITORING AND EVALUATION A CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement B CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement C CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff E After each official monitoring VlS~t, CITY shall provide CONTRACTOR with a written report of monitoring f~ndlngs F CONTRACTOR shall submit copzes of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR XVIII. DIRECTORS' MEETINGS During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of D~rectors, setting forth the time and place thereof Such notice shall be delivered to CITY ~n a t~mely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval PAGE 10 XIX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister XX. SUSPENSION OF FUNDING A Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR Such notice may be given by mall to the Executive Officer and the Board of Directors of CONTRACTOR The notice shall set forth the default or failure alleged, and the action required for cure B The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section XXVI may be effectuated XXI. TERMINATION A The CITY shall have the right to terminate this Agree- ment, in whole or in part, at any time whenever the CITY determines that the CONTRACTOR has failed to comply with any term of this Agreement The CITY shall notify the CONTRACTOR in writing thirty (30) days prior to the date of termination, the effective date of such termination, and in the case of partial termination, the portion of the Agreement to be terminated Property shall be sub- ~ect to disposItion B The CITY shall have the right to terminate this Agreement for convenience, in whole or in part, with the consent of CONTRAC- TOR and when both parties agree upon the termination conditions, including the effective date and the portion to be terminated C The CONTRACTOR shall have the right to terminate this Agreement for convenience, in whole or in part, by written noti- fication to the CITY, which shall include the reason for such termination, the effective date and the portion to be terminated PAGE 11 If, in the case of a partial termination, it is the determination of CITY that the remaining portion of the award is not sufficient to accomplish the pro3ect as described in the Work Statement, CITY may require that the entire grant be terminated XXII. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent CONTRACTOR and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or CON- TRACTORs from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or CONTRACTORs. XXIII. NOTICE For purposes of this Agreement, all official communications and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the part~es and address set for below TO CITY TO CONTRACTOR City Manager Director City of Denton Denton Affordable Housing Corporation 215 E McKlnney St 405 S Elm, Suite 304 Denton, Texas 76201 Denton, Texas 76201 XXIV VENUE This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent 3urlsdlctlon sitting in Denton County, Texas IN ~I~NESS OF WHICH t~lS Agreement has been executed on this the /~/~ day of ~2~.~_~w~_~_ 1996 PAGE 12 CITY OF DENTON TED BENAVIDES, CITY MANAG~kI% ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY DENTON AFFORDABLE HOUSING CORPORATION SECRETARY E\WPDOCS\K\DE~F K PAGE 13 ATTACHMENT "A" WORK STATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation (.DAHC") was developed to increase the supply of affordable housing in the Denton area The organization is designed to carry out the following activities but is not limited to these administration, rehabilitation, acquisi- tion, new construction, tenant-based rental assistance and public service programs Expenditure of C~ty funds for housing pro3ects is limited to pro3ects within the city limits of Denton DA/qC's projects and programs will primarily benefit low and moderate income households Low and moderate income is defined as households below 80% of the area median income The Single Family Disposition Program ~s part of DAHC's Affordable Housing Opportunity Program HOME funding in the amount of $23,350 will be used in the Program This program entails acquisition of foreclosed properties from the US Department of Housing & Urban Development and/or other entitles After acquisition, if neces- sary, the housing units are renovated and sold to HOME-eligible households The Mockingbird Lane Project Involves the development of 15 to 25 single family housing un.ts on property donated and acquired by the Denton Affordable Housing Corporation The project includes acquisItion of property ad3acent to the donated site off Mocking- bird Lane, project planning, site development, construction and sale of the single family units HOME funding of $45,500 w~ll be provided to the Pro]ect ATTACMMENT "B" PROGRAM BUDGET Operating Budget Salaries, rent, utilities, telephone, supplies, postage, and other eligible operating costs $ 20,000 Mockingbird Lane Project Pro3ect delivery expenses (personnel, supplIes, tele- phone,etc) $ 6,500 Construction Costs (infrastructure and housing units) $ 39,000 TOTAL $ 45,500 ATTACHMENT ~C" SCHEDULE OF CONTRACT ACTIVITIES MOCKINGBIRD LANE HOUSING CONSTRUCTION I 04/01/97 07/31/97 10/91/97 01/01198 04101/98 07/01/98 09/01/96 01/01/97 to 06/3t°7{2/9 to to to to to to 03131/97 09/30~97 12/31/97 03/31/98 06/30/98 08/31/98 12/31/96 Property Acqum~bon Phase ProJect Planmng Phase Proposal Process CONTRACTOR Selection Start of Construction 25% Completion 50% Completion 75% Completion Construction Completion Housing Sales Housing Sales Complete HOMEOWNERSHIP OPPORTUNITY - SINGLE FAMILY DISPOSITION PROGRAM The Homeownersh~p Opportumty-S~ngle Family D~spos[bon Program ~s an ongoing program Homes are purchased rehab~htated and sold to ehg~ble homeowners Funds prowded to DAHC under thru program w~ll be spent ~n a t~mely manner with at least 25% of all funds spent on or before July 1, 1997 and 75% of funds spent on or before January 1, 1998 The rema~mng funds w~ll be expended prior to the end of the contract term