21-816FILE REFERENCE FORM
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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:
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PASSED AND APPROVED thi, th, IRtb day ,f Mab S , 2021.
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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
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