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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: V“ V/ \/ ./ 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 n\\\ ATTEST ROgA RIOS CITY SECRETARY APPROytED AS TO LEGAL FORM tu re CommunTyzServioes Manager rFU Y Title Community Development Division Department Date Signed