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21-816FILE REFERENCE FORM  Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Ordinance Created By 20-1454 10/06/2020 CW Amended by – Ordinance 21-816 05/18/2021 CW 21-816ORDINANCE NO. AN ORDNANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO HOME AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON AFFORDABLE HOUSING CORPORATION TO INCREASE THE HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS PROVIDED FOR THE REHABELITATION OF FOUR ACCESSIBLE RENTAL UNITS LOCATED AT STRATA DRIVE, DENTON, TEXAS TO AN AMOUNT NOT TO EXCEED $82,250; AUTHORizmqG THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTrVE DATE. WHEREAS, pursuant to Ordinance 20-1454 the City of Denton (the “City”) entered into an agreement with Denton Affordable Housing Corporation (“DAHC”) in the amount of $72,250 providing for the rehabilitation of two duplexes with a total of four accessible rental units located at 440/442 and 444/446 Strata Drive, Denton, Texas (the “Agreement”); and WHEREAS, the project contemplated under the Agreement has not yet been completed and the parties hereto desire to amend the Agreement pursuant to Amendment 1 to HOME Agreement (“Amendment 1”), attached hereto as Exhibit A and incorporated herein for all purposes, to increase the amount of the HOME Investment Partnership Program (“HOME“) funds provided under the Agreement by $10,000 to an amount not to exceed $82,250 to allow for additional rental rehabilitation activities to be provided under the Agreement in accordance with the terms and conditions of the Agreement; and WHEREAS, Amendment 1 provides that all other terms and conditions of the Agreement will remain in full force and effect; and WHEREAS, the City Council of the City hereby finds that increasing the amount of HOME funds provided under the Agreement pursuant to Amendment 1 is in the public interest; NOW THEREFORE, THE COUNCEL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference as true and as if fully set forth in the body of this Ordinance. SECTION 2. The City Manager, or their designee, is hereby authorized to execute Amendment 1. SECTION 3. The City Manager is hereby authorized to expend funds in an amount not to exceed $82,250 in the manner specified in the Agreement, as amended, and to take any other actions that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, to carry out the City’s rights and obligations under the Agreement, as amended. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by leS% Dtv: S and seconded by-y’Aa I Met tI ec . The Ordinance was passed and approved by the following vote [L - Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: bC vr V‘ ,/r ~/r ££ J PASSED AND APPROVED thi, th, IRtb day ,f Mab S , 2021. /=lUM==t, GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY nOt BIll tIf #2 2S;an‘ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY '“: &adE“ #”aBd/ EXHIBIT A 2019-20 HOBm nvVESTMENT PARTNERSHIP PROGRAM HOME AGREE&nNT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON AFFORDABLE HOUSING CORPORATION AMENDMENT 1 to the HOME Agreement THIS AMENDMENT 1 to the HOME Agreement (“Amendment 1 ”) is made and entered into by and between the City of Denton (the “City”) and Denton Affordable Housing Corporation (“DAHC”). WHEREAS, the City and DAHC entered into a grant agreement for a project to provide HOME Investment Partnership Program funds for rehabilitation of two duplexes, with a total of four (4) accessible rental units located at 440/442 and zW446 Strata Drive, in Denton, Texas (the "HOME Agreement"), as authorized by Ordinance No. 20- 1454 on October 6, 2020; and WHEREAS, On April 16, 2021 the Community Development Advisory Committee approved a recommendation for the reallocation of $10,000 in 2016 and 2018 CHDO HOME Investment Partnership Program funds to DAHC for the Strata Drive project described in the HOME Agreement (the “Project”); and WHEREAS, the Project contemplated under the HOME Agreement has not yet been completed and the parties hereto desire to amend the Agreement to increase the project budget of the HOME Agreement by $10,000 to allow for additional rental rehabilitation activities in connection with the Project in accordance with the terms and conditions of the HOME Agreement; NOW THEREFORE, in consideration of good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and DAHC agree as follows. Effective as of April 17, 2021, the City and DAHC agree: 1. I . Section 2. C.1 of the HOME Agreement is hereby amended to increase the amount of HOME funds the City intends to provide to DAHC under the HOME Agreement to Eighty.two thousand, two hundred fifty dollars ($82,250). 2. Section 5. A. of the HOME Agreement is hereby amended to increase the amount of the funds to be provided by City to DAHC under the Agreement to Eighty-two thousand, two hundred fifty dollars ($82,250). 3. Attachment A, “WORK STATEMENT’, to the HOME Agreement shall be amended to add the following improvement: 1 1 . Exterior Accessible Deck. 4. Attachment B, “HOME FUNDS BUDGET”, to the HOME Agreement shall be amended to increase the amount of the Construction costs to Eighty-two thousand, two hundred fifty dollars ($82,250). 5. All other provisions, terms, covenants, duties, rights, obligations, and agreements contained in the Agreement shall remain in full force and effect. 6. This Amendment 1 to HOME Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to HOME Agreement on this the 1 gtI\ day of N\N , 2021. CITY OF DENTON DENTON AFFORDABLE HOUSING CORPORATION BY,Pd,. l&,w,w PAT THOMAS TITLE: PRESIDENT THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational ATTEST ':";"-RePo alure BY:Jaxlag\–ffos -- CITY SECRETARY Community Services Manager Title APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATrORNEY Community Development Division Department '“:Date Signed \11111111