20-1453ORDINANCE NO.20-1453
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE APPROVAL OF A
FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND
FAIROAKS OF DENTON INCORPORATED, FOR PUBLIC IMPROVEMENTS OF
FAIROAKS SENIOR COMPLEX COSTS FOR THE PURCHASE AND INSTALLATION 25
HVAC UNITS; AMENDING THE AGREEMENT APPROVED BY CITY COUNCIL ON
APRIL 7, 2020, IN ORDINANCE NO. 20-715 TO THE NOT-TO-EXCEED AMOUNT OF
$108,000; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 7, 2020, the City Council approved the Ordinance for the Agreement
with Fairoaks of Denton Incorporated in the amount of $105,388 public improvements ofFairoaks
Senior Complex costs for the purchase and installation 25 HVAC units of a community village in
Denton; and
WHEREAS, the Staff having recommended, and the City Manager having recommended
to the Council that an amendment be authorized to amend such agreement with respect to the
number of units authorized for replacement and an increase in the payment amount; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The First Amendment, increasing the amount of the Agreement between the
City and Fairoaks of Denton Incorporated, to the amount awarded in 2018 Action Plan for Housing
and Community Development of $108,000 and increasing the number of HVAC units from 25 to
30 is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance
with said amendment. City Council approved the 2018 Action Plan for Housing and Community
Development with Ordinance No. 18-868, on June 5, 2018. The total agreement amount increases
$2,662, for a total amount of $108,000.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by a) Ka P,-ton and
seconded by -RSS e I=>(b\J r S , the ordinance was passed and approved bythe following vote K - n :
Aye
./
Nay Abstain Absent
,/‘Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED thI, th, 6th d,y ,f OC+„,bef . 2020.
CHRIS WATTS, MAYOR
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY W=&?
;d
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
A
2018-19 HOME INVESTMENT PARTNERSHIP PROGRAM HOME AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND FAIROAKS DENTON INC.
AMENDMENT 1
THIS AGREEMENT AMENDMENT (Amendment 1) is made and entered into by and between the
City of Denton and Fairoaks of Denton Inc., 1950 Lattimore, Denton, TX 76209 (collectively,
“Parties”)
WHEREAS, the Parties have previously entered an Agreement (the "HOME Agreement"), authorized
by Ordinance No. 20-715 on April 7, 2020.
WHEREAS, pursuant to Section 3.G. of the HOME Agreement the funding amount for Fairoaks of
Denton Inc. needs to be increased to full approved grant award amount of $108,000; and
WHEREAS, pursuant to Section 3 .G. of the HOME Agreement number of units needs to be increased
from 25 to 30; and
WHEREAS, the Parties agree that the change in flmding and project units is to be memoriahzed by
this Amendment, pursuant to Section 3.G. of the HOME Agreement.
NOW THEREFORE, the Parties agree to amend the HOME Agreement as follows (new language
underlined, old language interlined):
1. THE PROJECT
A. Project Description
The Project is a planned 25@unit rental rehab located in Denton, Texas at 1 950 Lattimore, Denton, TX 76209
and more particularly described in Exhibit A (the Property). The Project consists of seven (7) one-story
residential structures, each containing 236 units} . The overall unit breakdown includes: Twenty Five Thirty
1- bedroom units, that will be income and rent restricted at 50% AMI.
B.Budget
1.HOME Investment: Conditioned upon the availability of HOME Program Funds, and OWNER’s
compliance with the conditions set out herein, CITY intends to provide up to $105,338,00 $108,000
in HOME funds to OWNER toward eligible project costs. In no case will CITY’s funding of the Project
be less than $ 1,000 per HOME-assisted unit or more than the maximum per-unit subsidy allowed under
24 CFR 92.250(a).
4. CITY'S & OWNER'S OBLIGATIONS
A. CITY shall provide funds in the amount of $105+338.00 $108,000 or less in project fUnds to the OWNER
for specific housing projects and programs as described in the Work Statement, Exhibit A.
6. HOME PROGRAM REQUIREMENTS
1.Twenty Five (25) Thirty (30) units will be designated as HOME-assisted. The restrictions of this
section shall apply throughout the term of this Agreement. The CITY reserves the right to adjust the
number of HOME-assisted units if the sources and uses of funds change during development of the
Project. The HOME units will be Fixed Units as defined in 24 CFR Part 92.252.
2.Twenty Five (35) Thirty (30) units will be designated per HUD’s Section 202 Supportive Housing
for Elderly rent requirements.
This constitutes the Amendment to the HOME Agreement. All other provisions, terms, covenants,
duties, rights, and agreements contained in the original HOME Agreement not amended herein shall
remain unchanged.
IN WITNESS OF WHICH the parties do hereby affix their signatures and enter into this Agreement
has been executed on this the bfb day of (IC+oh&s– , 20 a) .
CITY OF DENTON FAIROAKS OF DENTON INCORPORATED
D‘BY faTO®ljTjiM:\'
CITY MANAGER
BY
E -ANN F[UBANKS
TITLE: PRESIDENT
\ I t 1 IF II II
OF
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ATTEST
ROgA RIOS
CITY SECRETARY
APPROytED AS TO LEGAL FORM
tu re
CommunTyzServioes Manager
rFU
Y
Title
Community Development Division
Department
Date Signed