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23-909ORDINANCE NO. 23-909 AN ORD[NANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AMENDMENT 1 TO AN AGREEMENT WITH DENTON AFFORDABLEHOUSING CORPORATION TO PROVIDE HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE REHABILITATION OF SIX (6) RENTAL UNITS LOCATEDAT 710, 712, 714, 716, 718 AND 720 ROBERTS STREET, DENTON, TEXAS; INCREASINGTHE FUNDS TO AN AMOUNT NOT TO EXCEED $244,537.56; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, the City entered into an agreement with Denton Affordable Housing Corporation to provide HOME Investment Partnership Program Funds to rehabilitate five DAHC- owned rental units located at 710, 712, 714, 716, 718 and 720 Roberts Street (the “Project“); (the “Agreement”), as authorized by Ordinance No. 22-1776; and WHEREAS, the City and Denton Affordable Housing Corporation seek to amend the Agreement to modify the amount to $244,537.56 to fund necessary repairs to driveways attached to the Project; and; WHEREAS, an increase in HOME funds would fulfill the purpose of the HOME Investment Partnership Program (the “HOME Program”) to increase the supply of decent, safe, sanitary, and affordable housing for very low-income, low-income, and moderate-income households. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA[NS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager or their designee is hereby authorized to execute Amendment 1 to the Agreement, a copy of which is attached hereto, to increase the amount of HOME funds to $244,537.56 and to carry out the duties and responsibilities of the City under the Agreement, as amended. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. The moti9n tq apRrove this Ordinance was made by 73rf h ,. B,, k and seconded by p,.v 1 ' Alt I +ztr . The Ordinance was passed and approved by the following vote U - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: J / / t/ J/ ,/ PASSED AND APPROVED thI, th, 27 '" d,, ,f J-,*'e , 2023 '„##GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY nIt 1111111DE APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY rON 11111111 .„:J/%= DocuSign Envelope ID: DA8BF9B2-299640BB-B10B-90D6EEF2C705 HOME AGREEMENT BETWEEN THECITY OF DENTON AND DENTON AFFORDABLE HOUSING COPORATION AMENDMENT 1 to Agreement This Amendment 1 to Agreement is made by and between the City of Denton (the “City”) and Denton Affordable Housing Corporation (“Owner”). WHEREAS, CITY is the administrator of HOME Investment Partnership Program funds (“HOME Funds”) received from the U. S. Department of Housing and Urban Development (“HUD”) under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended; and WHEREAS, the City entered into an agreement with Denton Affordable Housing Corporation to provide HOME Investment Partnership Program Funds to rehabilitate six DAHC-owned rental units located at 710, 712, 714, 716, 718 AND 720 Roberts Street (the “Project”); (the “Agreement”), as authorized by Ordinance No. 22-1776; and WHEREAS, the City and Denton Affordable Housing Corporation seek to amend the Agreement to increase the funding amount to $244,537.56 to fund necessary repairs to driveways attached to the Project; and WHEREAS, an increase in HOME funds would fulfill the public purpose of the HOME Investment Partnership Program (the “HOME Program“) to increase the supply of decent, safe, sanitary, and affordable housing for very low income, low income and moderate-income households. NOW THEREFORE, NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and Subrecipient agree as follows: 1. Section 2.C.1 of the Agreement is hereby amended to increase the amount of HOME funds from “Two Hundred Thousand Dollars and No Cents ($200,000.00)” to “Two Hundred Forty- Four Thousand Five Hundred Thirty-Seven Dollars and Fifty-Six Cents ($244,537.56).” 2 Section 2.B.2 of the Agreement is hereby stricken in its entirety and replaced with: “2. Construction. OWNER must begin construction on the Project no later than December 1, 2022 and substantially complete construction within twelve (12) months. Per the requirements of 24 CFR 92.2, in any event OWNER must begin construction no later than twelve (12) months from the date of execution of this Agreement. At the City’s sole discretion, the City shall have the right, but not the obligation, to extend the period for completion of construction for an additional period not to exceed one ( 1) year.” 3 DocuSign Envelope ID: DA8BF9B2-2996-40BB-B10B-90D6EEF2C705 3. Attachments A and B of the Agreement are hereby stricken and replaced in their entirety with the updated Attachments A and B attached hereto. 4. All other provisions, terms, covenants, duties, rights, obligations, and agreements contained in the Agreement shall remain in full force and effect. 5. This Amendment 1 to the 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 rnstrurnent. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Agreement27 1 o Juneas of the “ day of '-"'b , 2023. CITY OF DENTON DENTON AFFORDABLE HOUSINGCORP. BYf3,cab AMs-csiA7afwlfglirEXECUTIVE DIRECTORCITY MANAGER ATTEST: JESSE SALAZAR, INTERIM CITYSECRETARY ATTEST: 'DocuSigned by: BY,I (lid tIMBO£We DENTON AFFORDABLE HOUsngGCORP DocuSign Envelope ID: DA8BF9B2-2996-40BB-B10B-90D6EEF2C705 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY THIS AGREEMENT HAS BEEN BOTHREVIEWED AND APPROVED as to financial and operational obligations andbusiness terms.„, V%l 'DocuSigned by: tL4fcll SUq }lWBRU©7DF401_ Director of Community Services Title Community Services Department Date Signed:6/6/2023 DocuSign Envelope ID: DA8BF9B2-299640BB-B10B-90D6EEF2C705 ATrACHMENT A WORK STATEMENT Description of improvements: HOME Funds of $244,537.56 will be used to pay costs associated with improvements to rehabilitate six (6) multifamily rental units in Denton, Texas, to be known as 710, 712, 714, 716, 718 and 720 Roberts Street, Denton, Texas 76209. The following improvements will be completed, based on cost and funding availability (the “Required Improvements"): 710 Roberts: 1 bedrooms/l bathroom/649 sq ft Estimated Cost: $52,976.87 Affordability Period based on estimated cost: 15 Years 1. Insulation to Attic 2. Upgrade Electrical Service3. Smoke Detector & Combo 4. Foundation Repair 5. Replacement of Windows 6. Kitchen Rehab: Cabinets, Countertop, Sink, Appliances (Oven, Vent-A-Hood) 7. Bathroom cabinets 8. Painting Interior & Exterior 9. Replace flooring 10. Sewer Line replacement 11. % cost to pave driveway 712 Roberts: 1 bedrooms/l bathroom/681 sq ft Estimated Cost: $55,751.57 Affordability Period based on estimated cost: 15 Years1. Insulation to Attic 2. Upgrade Electrical Service3. Smoke Detector & Combo 4. Foundation Repair 5. Replacement of Windows 6. Painting Interior & Exterior 7. Replace flooring 8. Sewer Line replacement 9. Handrail 10. % cost to pave driveway 714 Roberts: 1 bedrooms/l bathroom/649 sq ft Estimated Cost: $26,566.76 Affordability Period based on estimated cost: 10 Years1. Insulation to Attic 2. Upgrade Electrical Service3. Smoke Detector & Combo 4. Foundation Repair 5. Replacement of Windows 6 DocuSign Envelope ID: DA8BF9B2-2996-40BB-B10B-90D6EEF2C705 6. Painting Exterior 7. Sewer Line replacement 8. % cost to pave driveway 716 Roberts: 1 bedrooms/l bathroom/681 sq ft Estimated Cost: $26,566.76 Affordability Period based on estimated cost: 10 Years1. Insulation to Attic 2. Upgrade Electrical Service 3. Smoke Detector & Combo 4. Foundation Repair 5. Replacement of Windows 6. Painting Exterior 7. Sewer Line replacement 8. % cost to pave driveway 718 Roberts: 1 bedrooms/l bathroom/649 sq ft Estimated Cost: $34,221.57 Affordability Period based on estimated cost: 10 Years1. Insulation to Attic 2. Exterior Doors threshold & weatherstripping3. Upgrade Electrical Service 4. Smoke Detector & Combo 5. Foundation Repair 6. Replacement of Windows 7. Painting Exterior 8. Sewer Line replacement9. Handrail 10. Replace flooring 11. % cost to pave driveway 720 Roberts: 1 bedrooms/l bathroom/681 sq ft Estimated Cost: $27,236.84 Affordability Period based on estimated cost: 10 Years 1. Insulation to Attic 2. Upgrade Electrical Service 3. Smoke Detector & Combo 4. Foundation Repair 5. Replacement of Windows 6. Painting Exterior 7. Sewer Line replacement 8. Replace flooring 9. % cost to pave driveway 7 DocuSign Envelope ID: DA8BF9B2-2996-40BB-B10B-90D6EEF2C705 The actual costs will be based on the bids received and awarded by Denton Affordable Housing Corporation (DAHC). Actual costs over the $200,000.00 will be paid by DAHC. If needed, cosmeticitems will be removed from the work to be completed. Construction Schedule: The construction schedule approved pursuant to Section 8.A of this Agreement. DocuSign Envelope ID: DA8BF9B2-299640BB-B10B-90D6EEF2C705 ATrACHMENT B HOME FUNDS BUDGET Construction costs: Two Hundred Forty-Four Thousand Five Hundred Thirty-Seven Dollars and Fifty-Six Cents ($244,537.56) of 2022-23 HOME Investment Partnership Program funds. Unit 710 Roberts 712 Roberts 714 Roberts 716 Roberts 718 Roberts 720 Roberts Estimated Increase in Construction Costs and Change Orders TOTAL Estimated Cost 545,553.95 $48,328.64 $19, 143.83 $19, 143.83 $26,798.64 $19,813.92 Amendment #1 $7,422.92 $7,422.93 $7,422.93 $7,422.93 $7,422.93 $7,422.92 Sub-Total $52,976.87 $55,751.57 $26,566.76 $26,566.76 $34,221.57 $27,236.84 $21,217.19 $21,217.19 $244,537.56$200,000.00 $44,537.56 Please note: if other funding sources and improvements are included in this project, prior to the start of construction, OWNER shall provide the Community Development Manager with a total project budget, documentation of all funding sources and commitments, and a project plan. [kx>uSign Certificate Of Completion Envelope Id: DA8BF9B2299640BBB10B90D6EEF2C705 Subject: Complete with DocuSign: DAHC Amendment 1 to ORD 22-1776.pdf Source Envelope: Status: Completed Document Pages: 7 Certificate Pages: 5 AutoNav: Enabled Signatures: 2 Envelope Originator: Lauri Nack 901 B Texas Street Denton, TX 76209 Lauri.Nack@cityofdenton.com IP Address: 198.49.140.10 Initials: 0 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 6/30/2023 1 :04:29 PM Holder: Lauri Nack Lauri.Nack@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Sent: 6/30/2023 1:10:52 PM Viewed: 6/30/2023 1:11 :05 PM Signed: 6/30/2023 1:11 :31 PM Lauri Nack lauri.nack@cityofdenton.com City of Denton - Community Services Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Using IP Address: 198.49.140.10 Jesus Salazar Jesus.Salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 6/30/2023 1:11 :33 PM Viewed: 6/30/2023 1 :33:16 PM Signed: 6/30/2023 1 :33:53 PM Signature Adoption: Drawn on Device Using IP Address: 107.77.198.140 Signed using mobile Electronic Record and Signature Disclosure:Accepted: 6/30/2023 1 :33:16 PMID: 7ee754fa-fd44211 33-bb5f-aac07c4c80fd Sara Hensley Sara.Hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 6/30/2023 1:33:54 PM Viewed: 6/30/2023 2:01 :09 PM Signed: 6/30/2023 2:01 :24 PM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Timestamp Carbon Copy Events Karen Gay Karen.Gay@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 6/30/2023 2:01 :26 PM Viewed: 6/30/2023 2:05:43 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 6/30/2023 1:10:52 PM 6/30/2023 2:01 :09 PM 6/30/2023 2:01:24 PM 6/30/2023 2:01 :26 PM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Jesus Salazar ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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