2005-167
ORDINANCE NO. j. (}() ó- / (p 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROV]NG AN AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION DATED
FEBRUARY 1, 2005; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February], 2005 the City Council entered into an Agreement with the
Denton Affordable Housing Corporation to provide certain services for the provision of
affordable. housing under the National Affordable Housing Act of 1990, as amended by the
Housing and Community Development Act of ]992, which Agreement was authorized by
Ordinance No. 2005-043; and
WHEREAS, the Denton Affordable Housing Corporation has requested that the
Agreement be amended to allow the use of Affordable Housing Opportunity Program (AHOP)
proceeds in the amount of $125,000 to support the Nevada Court Development project to
construct ten rental units for persons with disabilities on a site at the intersection of Mockingbird
and Paisley Streets; and
WHEREAS, the use of AHOP proceeds in this manner is in compliance with the HOME
Program regulations at 24 CFR Part 92 and will meet the goal of providing affordable housing to
persons with disabilities; and
WHEREAS, the City Council deems it in the public interest to amend the Agreement
with the Denton Affordable Housing Corporation to provide for the use of AHOP proceeds for
this purpose; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. The City Council hereby approves this Amendment to the Agreement
between the City of Denton and the Denton Affordable Housing Corporation, executed February
I, 2005, substantially in the form of the attached Exhibit "A" which is incorporated herein for all
purposes (the "Amendment"). The City Manager, or his designee, is authorized to execute the
Amendment on behalfofthe City.
SECTION 2. The City Council authorizes the expenditure of AHOP proceeds by the
Denton Affordable Housing Corporation in ah amount not to exceed $125,000 for the Nevada
Court Development construction costs, included in the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. 51;
PASSED AND APPROVED this the ~ / - day of yU-IZL
,2005.
Page]
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION
This Amendment to that certain Agreement between the City of Denton (hereinafter referred to
as "Denton") and the Denton Affordable Housing Corporation (hereinafter referred to as
"Contractor"), this Agreement hereinafter referred to as "Base Agreement", which is attached
hereto as Exhibit 1.
WHEREAS, by Ordinance No. 2005-043, the City Council of the City of Denton
authorized its City Manager to execute an Agreement with the Contractor to provide acquisition
and renovation, and new construction to promote affordable housing in the City of Denton in
return for Denton providing an amount not to exceed $140,000 for affordable housing projects
described in the Work Statement, Attachment A, attached to the Base Agreement; and
WHEREAS, the City Council has approved a change of use in regard to the Affordable
Housing Opportunity Program proceeds so that they may be used to support the Nevada Court
Development providing accessible housing for persons with disabilities:
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
1.
That Section 2. "Responsibilities" of the Base Agreement, subsection A is amended to
read as follows:
Contractor hereby accepts the responsibility for the performance of all services and
activities described in the amended Work Statement attached hereto as Attachment "A"
and incorporated herein as if set forth at length, in accordance with the amended Program
Budget attached hereto as Attachment "B" and the amended Schedule of Contract
Activities attached hereto as Attachment "C" and incorporated herein as if set forth at
length, in as satisfactory and efficient manner as determined by City in accordance with
the terms herein.
2.
That the Base Agreement is hereby amended by substituting amended Attachments "A",
"B", and "C" which are attached hereto and incorporated herein for all purposes for the original
Attachments "A", "B", "C" of the Base Agreement.
3.
That savc and except as amended hereby, the remaining sections, subsections, sentences
and clauses of the Base Agreement dated February 1,2005 shall remain in full force and effect.
IN ITNESS of which this First Amendment has been executed on this the ó?/rff
day of ,2005, by the duly authorized officials of the City and the
Contractor.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ßY~'+-' u1J+O, ~>
APPROVED AS TO LEGAL FORM:
EDWIN SNYDER, CITY ATTORNEY
BY:
ATTEST:
""'=< u L.I.. \ L
BOARD SECRETARY
~
MICHAEL A. CONDUFF
CITY MANAGER
DENTON AFFORDABLE HOUSING
CORPORATION
~à-m)~
IE MCADAMS
BOARD PRESIDENT
ATTACHMENT "A"
WORK STATEMENT AND PERFORMANCE OUTCOME GOALS
Denton Affordable Housing Corporation
The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of
affordable housing in the Denton area. The organization is designed to carry out the following
activities but is not limited to these: administration, rehabilitation, acquisition, new construction,
tenant-based rental assistance and public service programs.
Expenditure of City funds for housing projects is limited to projects within the city limits of Denton.
DAHC's projects and programs will primarily benefit low and moderate-income households. Low
and moderate income is defined as households below 80% of the area median income.
The Affordable Homeownership Opportunity Program provides for acquisition, renovation and
sale of single-family units. HOME Program 2004-2005 funding in the amount of$140,000 will be
used in the Program. Proceeds from the sale of completed projects will be placed in the AHOP
program fund for future projects. Each project must include a minimum of $1,000 and no more
than $35,000 in 2004-'05 HOME funding. No more than 10% of the HOME portion of the project
sales proceeds may be used for project delivery costs for the program. The HOME portion of the
proceeds is based on the percentage of HOME funds included in the project. A minimum offour (4)
units will be sold to low and moderate-income homebuvers.
The Affordable Housing Construction Program provides funding to construct single-family
units. Properties suitable for single-family housing will be acquired through purchase or donation.
Units will be constructed in such a way as to make them affordable to low and moderate-income
households. Units will be sold to HOME-eligible households. Not more than 10% of the total
funding amount may be used to assist buyers with down payment and closing costs. A minimum of
one (]) unit will be constructed and sold to low and moderate-income homebuvers.
The Nevada Court Development Project provides use of program proceeds to construct rental
units that will be available to persons with disabilities. Section 81 I funding awarded to DAHC by
the US Department of Housing and Urban Development will also be used to support the project.
Rent levels of the units will remain affordable for a minimum of a ten-year period after units are
available for occupancy.
ATTACHMENT "B"
PROGRAM BUDGET
Affordable Homeownership Opportunity Program
$140,000 (2004-05 funding)*
Affordable Housing Construction Program
no 2004-2005 funding*
Nevada Court Development
$125,000 in AHOP proceeds
* All program proceeds except for those used to support the Nevada Court Development will be
used for program projects.
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ATTACHMENT "C"
SCHEDULE OF CONTRACT ACTIVITIES
Activity Jan - Mar April- June July - Sept I Oct - Dec Total
,.:tÏ,~ 1111- ... 8:£IIIUJII - ; I ...
Affordable Housing Opportunity Program -
Acquisition, Rehabilitation, Homebuyer 0 $35,000 $70,000 $35,000 $140,000
Ass!. (2004-05 funding)
New Construction Program Use of Program Proceeds to Construct Additional Unites)
Nevada Court Development (proceeds) 0 0 0 $125,000 $125,000