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2004-227 FILE REFERENCE FORM 2004-227 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Addendum to Funding Agreement r original is attached] 12/08/04 JR First Amendment to Agreement [original is attached] 02/02/07 JR , . . ORDINANCE 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CUMBERLAND PRESBYTERIAN CHILDREN'S HOME; PROVIDING FOR THE USE OF FUNDS FOR DEVELOPMENT FOR TRANSITIONAL HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received funds from the U.S. Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992; and WHEREAS, the City has adopted a budget for such funds included therein an authorized program budget for expenditure of funds, for construction of four transitional housing units to be owned and managed by the Cumberland Presbyterian Children's Home; and WHEREAS, the Cumberland Presbyterian Children's Home has developed a program to assist potentially homeless families that will reside in the housing units constructed through the use of City of Denton HOME funding; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for a transitional housing program with the Cumberland Presbyter/an Children's Home; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the attached Agreement between the City and the Cumberland Presbyterian Children's Home to provide for transitional housing units and a supportive services program for residents in accordance with the terms of this Agreement, which Agreement is made a part of this ordinance for all purposes, and authorizes the City Manager or his designee to execute this Agreement. SECTION 2. That the City Council authorizes the expenditure of funds for construction of four transitional housing units to be owned and managed by the Cumberland Presbyterian Children's Home in accordance with the terms of the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thc/'~~-/dayof &~U..~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF DENTON AND THE CUMBERLAND PRESBYTERIAN CHILDREN'S HOME This Agreement between the City of Denton and the Cumberland Presbyterian Children's Home ("Agreement") is made and entered into by and between the City of Denton, a Texas municipal corporation ("CITY"), acting by and through its City Manager, pursuant to ordinance, and the Cumberland Presbyterian Children's Home, 1304 Bernard Street, Denton, Texas a non- profit corporation, ("CONTRACTOR"). WHEREAS, CITY has received funds from the U. S. Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992; WHEREAS, CITY has adopted a budget for such funds and included therein an authorized Program Budget for expenditure of funds for provision of a transitional housing program and development of transitional housing units by the Cumberland Presbyterian Children's Home included as Attachment "B"; WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to can'y out such project; 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. This Agreement shall commence on or as of August 15, 2004, and shall terminate on August 15, 2025, unless adjusted bythe CITY. Request for such an adjustment must be in writing and is to be submitted to the Community Development Division, 101 S Locust Ste 500, Denton TX 76201. RESPONSIBILITIES A. CONTRACTOR hereby accepts the responsibility for the performance of all services and activities, described in the Work Statement attached hereto as Attachment "A" and Pa~e 1 incorporated herein as if set forth at length, in accordance with the Program Budget attached hereto as Attachment "B" and the Schedule of Contract Activities attached hereto as Attachment "C" incorporated herein as if set forth at length, and as otherwise set forth herein, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. B. CONTRACTOR's executive director shall be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notifica- tion to the contrary is received from CONTRACTOR, and approved by CITY. C. The CITY's Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. D. CONTRACTOR shall comply with HUD Office of Management and Budget circulars A-122 and the regulations found at 24 CFR Part 84. E. CONTRACTOR shall not request disbursement of funds until they are needed for payment of eligible costs. The amount of each request will be limited to the amount needed, as per 92.504 (c)(2)(vii). F. CONTRACTOR shall not change the Program Budget without prior written approval from the CITY. CITY'S & CONTRACTOR'S OBLIGATIONS A. CITY shall provide funds in the amount of $350,000 or less in project funds to the CONTRACTOR for specific housing projects and programs as described in the Work Statement, Attachment "A". B. CONTRACTOR agrees to hold and save harmless the CITY, its officers and employees from any and all loss, cost, or damage of every kind [including, property damage, bodily injury or death], nature or description arising under this Agreement. C. CITY shall be responsible for performing an environmental review to insure necessary compliances are met. D. This Agreement and the payments made hereunder are contingent upon receipt of U.S. Department of Housing and Urban Development funds pursuant to the HOME Investment Partnership Program, and shall terminate mediately, not withstanding the provisions of Article XIX hereof, should such funds be discontinued for any reason. E. The CONTRACTOR may not request disbursement of funds until they are needed for payment of eligible costs. The amount of each request by the CONTRACTOR shall be limited Pa~e 2 to the amount needed in accordance with 24 CFR 92.504 (c)(2)(vii) and shall involve the activities set forth in the "Contract Activity Schedule" attached as Attachment C. F. Upon dissolution of the CONTRACTOR any remaining funds or assets derived from the expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME funds, proceeds or HOME-funded projects, must be immediately returned to the CITY. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. The CITY and CONTRACTOR agree to perform their duties arising pursuant to the Agreement in compliance with the U.S. Department of Housing and Urban Development HOME Investment Partnership Program regulations at 24 CFR 92. B. CONTRACTOR shall comply with the uniform administrative requirements, as described in 24 CFR 92.505 in the HOME Investment Partnership Program regulations. C. CONTRACTOR agrees to ensure that all HOME-assisted housing or housing identified as match for the HOME program meets all affordability requirements identified in 24 CFR 92.252 or 92.254 as applicable. D. If it is determined that the use of the funding provided by the CITY does not meet the requirements of the U.S. Department of Housing and Urban Development HOME Investment Partnership Program, the CONTRACTOR shall reimburse the CITY for the costs determined to be disallowed under the U.S. Department of Housing and Urban Development HOME Investment Partnership Program regulations. E. CONTRACTOR shall comply with all applicable Federal laws and regulations at 24 CFR 92 subpart H. Subpart H prescribes procedures for compliance in the following areas: nondiscdm'mation and equal opportunity, affinnative marketing, displacement and relocation, labor relations and conflict of interest F. CONTRACTOR agrees that all housing assisted under this agreement will meet the property standards requirements in 24 CFR 92.251 and the lead-based paint requirements in part 35, subparts A, B, J, K, M and R upon project completion. SubpartF. CONTRACTOR agrees to comply with all project requirements in 24 CFR Part 92, J. CONTRACTOR agrees to comply with all applicable Federal laws, laws of the State of Texas and ordinances of the City of Denton. Page 3 REPRESENTATIONS A. The CITY is providing funding to the CONTRACTOR in order to promote the expansion of an existing transitional housing program for low-income households. Use of funds for programming will meet this stated goal. B. The CITY is the only agent authorized to designate changes to the Program Budget or to approve specific projects and programs authorized pursuant to the non-administration portion of the Program Budget. C. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. D. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. E. CITY shall have the fight, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. F. CONTRACTOR agrees that the funds and resources provided CONTRACTOR trader the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. PROGRAM INCOME A. HOME program income is defined as all fees and interest payments on HOME- assisted units/projects and any interest income on deposited HOME funds or program proceeds collected by the CONTRACTOR. Program income may be retained by the CONTRACTOR to be used for HOME-eligible activities included in the Work Statement included herein as Attachment "B". Provided, however that any interest on deposited HOME funds must be remitted to the CITY on a quarterly basis. C. Any income generated from the use of HOME funds, proceeds, or any income generated through subsequent use of these funds shall continue to be used by the CONTRACTOR for HOME-eligible activities included in the Work Statement in the City of Denton. Use of the funds on projects or programs other than those identified in this Agreement, must be approved in Page 4 writing by the CITY. Any income retained and used by the CONTRACTOR must be available to the CITY as a matching contribution for the HOME program. Upon request, CONTRACTOR will approve appropriate certifications stat'rog that ftmding is available as a HOME program match to the CITY. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to mainta'm records that will provide accurate, current, separate, and complete disclosure of the status of the funds received pursuant to this Agreement and pursuant to any other applicable Federal and/or State regulations establishing standards for financial management. CONTRACTOR's record system shall cont~fm sufficient documentation to provide detailed support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds pursuant to this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided pursuant to this Agreement. D. At any reasonable time and as otten as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data relating to the program requested by said representatives. E. The CONTRACTOR shall give the City of Denton, the U.S. Department of Housing and Urban Development, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files and other papers belonging to or in use by the CONTRACTOR pertaining to this Agreement. Such rights to access shall cont'mue as long as the CONTRACTOR is required to retain the records. Pa~e 5 REPORTS AND INFORMATION A. CONTRACTOR shall provide quarterly financial and beneficiary reports that shall contain such records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall provide any additional information as requested bythe CITY within 10 days. B. An audit must be conducted in accordance with 24 CFR parts 44 and 45 as applicable. CONTRACTOR shall submit a copy of said audit to the Community Development Division within ten days of receipt of the completed report. e INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, eom- monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that CITY and CONTRACTOR be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. Page 6 G. Insurance to provide cost replacement will be carried on aH transitional housing units based on the replacement cost of the structure. 10. EQUAL OPPORTUNITY During the performance of this Agreement, the CONTRACTOR is subject to Executive Order 11246, as amended, and, therefore, agrees to the following: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. The CONTRACTOR will take affirmative action to ensure that applicants who are employed are treated during employment without regard to their race, color, religion, sex, national origin, or familial status, conceming such employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or their apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to both employees and applicants for employment, notices to be provided by the CITY setting forth provisions of this nondiscrimination clause. (2) The CONTRACTOR, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. 11. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, contractors or employees shall possess any interest in or use this position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those with which they have family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or canying out of this Agreement shall participate in any decision relating to the Agreement which affects his/her personal interest or the interest in any corporation, partnership, or association in Page 7 which he/she has direct or indirect interest. 12. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve any political activity (including, but not limited to, any activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve or benefit in any, manner any sectarian or religious activity. 13. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or othenvise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Page 8 G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 14. COVENANTS A. CONTRACTOR agrees to execute a lien that will be placed on the property assisted with HOME funds. The lien will name the CITY as the primary beneficiary for a period not to exceed twenty years. B. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other finn, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with fimds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 15. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Attachment A, as well as other provisions of this Page 9 Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff members to coordinate the monitoring process as requested by CITY staff. E. CITY shall provide a written evaluation of contract performance to the CONTRACTOR within 30 days of the monitoring. F. Within 60 days of notification by the CITY, the CONTRACTOR shall provide complete responses include a statement acknowledging any corrective action required to be taken due to City of Denton monitoring findings and concerns. G. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to C1TY within five (5) working days of receipt by CONTRACTOR. 16. DIRECTORS' MEETINGS A. CONTRACTOR shall ensure that the CITY is notified of all meetings, regular and special called, of the board of directors. Notice should be received by the CITY at least 72 hours prior to the meeting. Such notice shall include an agenda and a brief description of the matters to be discussed. B. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. C. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. 17. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. Page 10 18. SUSPENSION OF FUNDING A. Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any fights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. B. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, this Agreement may be terminated under Section 19 of this Agreement. 19. TERMINATION A. The CITY shall have the right to terminate this Agreement, in whole or in part, at any time whenever the CITY determines that the CONTRACTOR has failed to comply with any term of this Agreement. The CITY shall notify the CONTRACTOR in writing thirty (30) days prior to the date of termination, the effective date of such termination, and in the case of partial termination, the portion of the Agreement to be terminated. Property shall be subject to disposition. B. The CITY shall have the right to terminate this Agreement for convenience, in whole or in part by written notification to the CONTRACTOR which shall include the reason for such termination, the effective date and the portion to be terminated. C. The CONTRACTOR shall have the right to terminate this Agreement for convenience, in whole or in part, by whtten notification to the CITY, which shall include the reason for such temaination, the effective date and the portion to be terminated. D. If, in the case of a partial termination, it is the determination of CITY that the remaining portion of the award is not sufficient to accomplish the project as described in the Work Statement, C1TY may require that the entire grant be terminated. 20. Page 11 INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent CONTRACTOR and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit excepfions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the wilfful act or omission of CITY, its agents, employees, or contractors. 21. NOTICE For purposes of this Agreement, all official communications and notices among the parties shall be deemed made as o£ the date mailed if sent postage paid to the parties and address set for below: Community Development Administrator City of Denton 101 S Locust Ste 500 Denton, Texas 76201 TO CONTR ACTOR Executive Director Cumberland Presbyterian Children's Home PO Drawer G Denton, Texas 76202-1657 22. VENUE This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. ~ INWITN~SS OF been executed on tlfis the //~/day of ,2004. ~gLk-~z~Lt.~__, WHICH this Agreement has Page 12 CITY OF DENTON MICHAEL A. CONDUFF, ~Jtr MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTEST: CUMBERLAND PRESBYTERIAN CHILDREN'S HOME BOA~fl3 IflRESIDENT ' SE~6,.ETARY ' Pa~e 13 ATTACHMENT "A" WORK STATEMENT Cumberland Presbyterian Children's Home Transitional Housing Program Funding provided will assist in the construction of two duplex living units of approximately 2,200 per duplex. Each of the four living units will have two bedrooms, two baths, a kitchen, dining area and living area Cumberland Presbyterian Children's Home (CPCH) will use the units constructed with City of Denton HOME funding to house single-parent families participating in a transitional housing program. The goal of the "Single Parent Family" program is to support single-parent families and help them reach self-sufficiency. The program provides residential care for single parents and their children for up to twelve months. Housing is provided with rent charged on a graduated scale. The first two months are rent-flee and residents will then begin paying some rent up to a maximum of $300 per month for the final two months. Utilities are provided flee of charge. Along with housing, the program also provides case management and provides family therapy and counseling in the areas of finance, education, employment, parenting and life skills. Families set goals and are expected to seek employment or job training and education that will lead to employment. Residents will be evaluated every three months and approved for continuation in the program based on specific criteria. Page 14 ATTACHMENT "B" PROJECT BUDGET Construction $3307000 Professional/Architectural/Engineering Fees TOTAL PROJECT BUDGET $20~000 $350,000 * Please note, funds for architectural and engineering fees may be reallocated for construction costs. Page 15 ADDENDUM TO FUNDING AGREEMENT BETWEEN CITY OF DENTON AND CUMBERLAND PRESBYTERIAN CHILDREN'S HOME The following provision is incorporated into the Agreement dated December 3, 2004 and will control to the extent of any conflict: · 1. To secure and execute the promise in paragraph 14, A Of the agreement. The payment and obligations of the Agreement will be secured by all of the fights, title, interest, liens, powers and equities in, to and against the grantor's interest in real property, personal property thereon or used in connection therewith covering certain lands in the County of Denton and State of Texas, given and provided for in a certain deed of trust bearing even date herewith, executed by the grantor hereof to City Manager, City of Denton, Texas, Trustee, for the benefit of the beneficiary hereof. Attest: Jennifer Walters City Secretary ! A!Yproved as to Form: Herbert L. Prouty, City Attorney Cumberland Presbyterian Children's Home Ka~ Vv~. Goodman Board President ~ City of Dentgta City Manager DEED OF TRUST Date: December 3, 2004 Grantor: Cumberland Presbyterian Children's Home Grantor's Mailing Address: PO Drawer G, Denton, Texas 76202-1657 Trustee: City Manager of the City of Denton, or his designated representative. Trustee's Mailing Address: 215 E. McKinney Street, Denton, Denton County ~X 76201 Beneficiary: The City of Denton, Texas Beneficiary's Mailing Address: 215 E McKinney St., Denton, Denton County, TX 76201 Funding Agreement Date: August 17, 2004 Amount: $350,000 Maker: Cumberland Presbyterian Children's Home' Payee: City of Denton Final Maturity Date: August 17, 2025 Terms of Payment (optional): According to the term and tenor of said funding agreement dated August 17, 2004. Property (including any improvements): See Exhibit A, Field Notes and Exhibit B, Proposed Duplex Site. Prior Lien(s) None Other Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether Of record or not and all presently recorded instruments. For value received and to secure payment of the note, Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property. If Grantor performs all the covenants and meets all obligations of the funding agreement, including the 20-year affordability period, this deed of trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. Grantor's Obligations Grantor agrees to: keep the property in good repair and condition; pay all taxes and assessments on the property When due; preserve the lien's priority as it is established in this deed of trust; maintain, in a form acceptable to Beneficiary, an insurance policy that; a. covers all improvements for their full insurable value as determined when the policy is issued and renewed; unless Beneficiary approves a smaller mount in writing; b. contains an 80% coinsurance clause; c. provides fire and extended coverage, including windstorm coverage; · d. protects Beneficiary with a standard mortgage clause; e. provides flood insurance at any time the property is in a flood hazard area; and f. contains such other coverage as Beneficiary may reasonably require; 5. comply at all times with the requirements of the 80% coinsurance clause; 6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration; 7. keep any buildings occupied as required by the insurance policy; and 8. if this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments. 9. comply, for a period of twenty years (20) years from the date of this deed of trust, with the following conditions: a. the property shall remain in private non-profit organization ownership and used only for residential purposes. b. Grantor shall not discriminate against prospective tenants on the basis of their receipt of, or eligibility for, housing assistance under any Federal, State, or local housing assistance program, or, except for housing for elderly persons, on the basis that the tenants have a minor child or children who will be residing with them. 2. 3. 4. Grantor shall comply with all requirements of the Federal Fair Housing Law, 42 USC 3601, with Title VI of the Civil Rights Act of 1964, 42 USC 2000d, with E.O. No. 11063, as amended by E.O. 12249, and with 24 CFR 107. Grantor shall purchase Federal Flood Insurance as required under the Flood Disaster Protection Act of 1973, 42 USC 4001, et seq, if property the subject of this deed of trust lies within the 100 year flood plain. Beneficiary's Rights Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds from the sale of the property are used to pay any debt secured by prior liens, Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor for any sums so paid, including attorney's fees. The sum to be reimbursed shall be secured by this deed of trust. If Grantor defaults on ~e agreement or fails to perform any of Grantor's obligations or if default occurs on a prior lien note or other instrument, and the default continues after Beneficiary gives Grantor notice of the default and the time within which it must be cured, as may be required by law or by written agreement, then Beneficiary may: a. declare the $350,000 in Home Investment Partnership Program funding provided under the funding agreement immediately due; request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended; and c. purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. Trustee's Duties If requested by Beneficiary to foreclose this lien, Trustee shall: Deed of Trust / Page 3 either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended; sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty; and 3. from the proceeds of the sale, pay, the Beneficiary all funding available from the sale. General Provisions If any of the property is sold under this deed of trust, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be tree. 3. Proceeding under this deed of l~'ust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien shall remain superior to liens later created even if the time of payment of all or part of the note is extended or part of the property is released. If the funding agreement cannot be lawfully secured by this deed of trust, payments shall be applied first to discharge that portion. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the pr'mcipal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 7. When the context requires, singular nouns and pronouns include the plural. 8. The term funding agreement includes all sums secured by this deed of trust. 9. This deed of trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. Deed of Trust / Page 4 10.. If Grantor and Maker are not the same person, the tetra Grantor shall include Maker. Grantor(s) EXECUTED on Kay ~. ~oodman President Board Of Directors Executive Director ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged Kay W. Goodman Notary ~O~~ Seal ~y Public in and for Texas THE STATE OF TEXAS'§ COUNTY OF DENTON § This instrument was acknowledged before me on Judith B. Keith ,,~ ~.E.. ~'X:;2 ,, ~-~&~.... ~l~lv ~:.,.t¢'~ -., .- Notary ........ Seal '~m~ou Notary Public in and for Texas by by Deed of Trust / Page 5 EXHIBIT A FIELD NOTES BEING A 0.909 ACRE TRACT OF LAND OUT OF THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS ALSO BEING A PORTION OF LOT 1, BLOCK 1, OF THE CUMBERLAND CHILDRENS HOME ADDITION AN ADDITION TO THE CITY OF DENTON AS RECORDED IN CABINET F, PAGE 174 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. SAID 0.909 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a lA inch iron rod found for the most northerly northwest comer of said Lot 1, in the south line of Greenlee Street; THENCE S 00° 35' 51" W [S 00020'47'' El, along a west line of said Lot 1 the east line of Central Avenue a distance of 222.74 feet to the POINT OF BEGINNING of the herein described tract; THENCE S 00° 35' 51" W, continuing along said west line passing at a distance of 108.97 feet, a fence post found for an interior ell comer of said Lot 1, continuing in all, a total distance of 148.83 feet, to a point for the southwest comer hereof; THENCE over and across said Lot 1 the following eight courses and distances: 1. N 89° 48' 10" E, a distance of 269.99 feet, to a point for the southeast comer hereof; 2. N 00° 35' 51" E, a distance of 169.92 feet, to a point for the northeast corner hereof; o S 89° 11' 06" W, a distance of 74.67 feet, to a point for the beginning ora non-tangent curve to the right having a radius of 62.00 feet, a chord which bears S 85° 11' 34" W and a chord distance of 122.11 feet; 4. Along said curve to the right an arc length of 173.12 feet, to a point for corner; S 89° 11' 06" W, a distance of 63.95 feet, to a point for the beginning of a curve to the left having a radius of 7.00 feet, a chord which bears S 43° 28' 42" W and a chord distance of 10.02 feet; 6. Along said curve to the left an arc length of 11.17 feet, to a point for comer; 7. S 02° 13' 41" E~ a distance of 2.50 feet, to a point for corner; 8. S 89° 11' 06" W, a distance of 3.12 feet, to the POINT OF BEGINNING and containing 0.909 acres of land more or less. Deed of Trust / Page 6 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND CUMBERLAND PRESBYTERIAN CHILDREN'S HOME This First Amendment to the Agreement Between the City of Denton and Cumberland.Presbyterian Children's Home, is made by and between The City of Denton, Texas ("CITY") and Cumberland Presbyterian Children's Home, 1304 Bernard Street, Denton, Texas, a non-profit corporation ("DEVELOPER"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the parties previously entered into that certain Agreement, dated August 15, 2004, for the development of transitional multi-family housing units by Cumberland Presbyterian Children's Home (the "Original Agreement"); and WHEREAS, the parties desire to amend certain terms and conditions of the Original Agreement as set forth herein: and WHEREAS, CITY and DEVELOPER have determined that this Agreement will further the objectives of the Original Agreement and is in the best interests of the parties. NOW, THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, and other good and valuable consideration, the receipt and of which is hereby acknowledged, the parties agree as follows: I. The parties agree that the terms "CONTRACTOR" and "SUBRECIPIENT," as such terms are used to describe Cumberland Presbyterian Children's Home in the Original Agreement, shall hereinafter be replaced with the term "DEVELOPER." 2. Section 4 of the Original Agreement is hereby amended so as to delete Section 4 B in its entirety. 3. Section 8 of the Original Agreement is hereby amended so as to delete Section 8 B in its entirety. 4. Section 10 of the Original Agreement is hereby amended so as to add thereto a new Subsection 3 which shall read as follows: "10. EQUAL OPPORTUNITY 3. DEVELOPER shall meet all federal nondiscrimination requirements established in 24 CFR 92.350." 5. Section 12 of the Original Agreement is hereby amended so as to add thereto a new Subsection C which shall read as follows: Cumberland Contr.act Amendment Page 10f3 "12. POLITICAL AND SECTARIAN ACTIVITY C. DEVELOPER shall require acceptance of the conditions prescribed in 24 CFR 257 for the use of HOME funds by religious organizations." 6. Section 19 of the Original Agreement is hereby amended so as to add thereto a new Subsection E which shall read as follows: "19. TERMINATION E. Other provisions of the Subsection notwithstanding, termination ofthis Agreement by DEVELOPER shall be in accordance with 24 CFR 85.44." 7. "Attachment A; Work Statement" of the Original Agreement is hereby amended to add the following: "The initial maximum rent level of$300 may be increased after notification of the City by Cumberland Presbyterian Children's Home and approval by the City as per 24 CFR 92.504 (c)(3)(ii). Rental rates must not exceed HOME program guidelines." 8. This Amendment to the Original Agreement shall take effect on the last date of the execution hereof. 9. Except as amended herein, the' Original Agreement shall continue in full force and effect. PASSED AND APPROVED this the ;lrd 'ft 00) day of ..MlLfr/ij 2Ul1.(>. P/~d'~ CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY Cumberland Contract Amendment Page 2 of3 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: DEVELOPER: CUMBERLAND PRESBYTERIAN CHILDREN'S HOME L/-f;l BY: / ~. KEviN HENSON BOARD PRESIDENT Cumberland Contract Amendment Page 3 of3