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Home My WebLink AboutResolution - 2011-R0241 - Amendment To Contract - TX DHCA - 06/09/2011Resolution No. 2011—RO241 June 9, 2011 Item No. 5.1.2 HE IT RESOLVED BY THE CITY RESOLUTION THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 2 to the Texas Neighborhood Stabilization Program Contract by and between the City of Lubbock and Texas Department of Housing and Community Affairs, and all related documents. Said Amendment and related documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ,lune 9, 2011 �Alrr" TQM MARTIN, MAYOR ATTEST: Reber Garza, City Secretary APPROVED AS TO CONTENT: Quincy White, AsAstant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Amend-Tx Dept of Housing. Contract June 1, 2011 Resolution No. 2011-80241 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS NEIGHBORHOOD STABILIZATION PROGRAM CONTRACT NO. 77090000160 CITY OF LUBBOCK AMENDMENT NO. 2 ("Second Amendment") STATE OF TEXAS COUNTY OF TRAVIS Section 1. The TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "Department") and the CITY OF LUBBOCK, a political subdivision of the State of Texas ("Contractor"), hereinafter collectively referred to as "Parties", do hereby contract and agree to amend Contract No. 77090000160 ("Contract"), executed by the Parties to be effective on September 1, 2009, as amended by Amendment No. 1 executed by Parties on or about March 11, 2010. Section 2. Under the authority described in Section 16 of the Contract and under 10 TAC Section 9.4, and for valuable consideration, the receipt and sufficiency which are hereby acknowledged, the Parties hereby agree to further amend the Contract in the manner provided herein below: 1. Section 4, Department Obligations, Subsection C, "Limit of Liability", of the Contract is hereby amended to read as follows: "Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by the Department under this Contract shall not exceed the sum of Seven Hundred Seventeen Thousand Nine Hundred Eighty -Four and 601100 Dollars ($717,984.60). 2. Exhibit A to the Contract, "Performance Statement", is replaced in its entirety with the attachec amended Exhibit A (consisting of two (2) pages). 3. Exhibit B to the Contract, "Budget", is replaced in its entirety with the attached amended Exhibit B (consisting of one (1) page). Section 3. This Second Amendment shall become effective on the last date of execution of this Second Amendment by both Parties. Section 4 Except as amended hereby, the terms of the Contract as amended by Amendment No. 1 dentified in Section 1, shall remain in effect as therein set forth and will continue to govern except to the extent that said terms conflict with the terms of this Second Amendment, and the Contractor hereby acknowledges and reaffirms its liability thereunder. In the event of an inconsistency between this Page 1 of 5 Second Amendment and the terms of the Contract as amended by Amendment No. 1, this Second Amendment shall govern. Section 5. By signing this Second Amendment, the Parties hereto expressly understand and agree that this Second Amendment shall become a part of the Contract identified above in Section 1 above as amended as though it were set forth word for word therein. WITNESS OUR HANDS EFFECTIVE: CONTRACTOR: CITY OF LUBBOCK, a political subdivision of the State of Texas By: Name: Tom Martin Title: Mayor Date: June 9, 2011 THIS SECOND AMENDMENT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. APPROVED AND ACCEPTED ON BEHALF OF: DEPARTMENT.- TEXAS EPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a publ' and official ency of the State of Texas By: Name: Its: Duly authorized representative Date: Page 2of5 ATTEST: V L, Rebecca Garza City Secretary APPROVED AS TO CONTENT: Quincy Whit Assistant City Manager APPROVED AS TO FORM: r Assistant City Attorney EXHIBIT A, Amendment #2 CONTRACT NO. 77090000160 PERFORMANCE STATEMENT CITY OF LUBBOCK Contractor shall carry out the following activities in the target area(s) and specific neighborhoods identified in its Texas NSP Application. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the Contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. These activities shall directly benefit six (6) households, of which six (6) or one hundred percent (100%) are at or below one hundred and twenty percent (120%) of area median income (AMI) per household size according to the most current NSP income limits as promulgated by the US Department of Housing and Urban Development (HUD). At least four hundred forty-nine thousand seven hundred twenty one dollars ($449,721) or not less than sixty-five percent (65%) of the non -administrative amount of the Texas NSP funds as specified in Exhibit B, Budget, will benefit households at or below fifty percent (50%) AMI through facilitating the purchase and/or redevelopment of foreclosed or abandoned homes or residential properties that will result in permanent housing. A. Financing Mechanisms Permanent Financing Contractor shall coordinate access to Texas NSP permanent mortgage financing for four (4) households at or below fifty percent (50%) of AMI at the time of homebuyer contract. Contractor shall accept homebuyer applications with required supporting documentation and determine initial income eligibility for the program. If the Contractor has acquired, rehabilitated, or reconstructed on eligible foreclosed property with Texas NSP funding provided under Contract Activity B, Purchase and Rehabilitation the activity may be converted to permanent homebuyer financing at the close of an eligible homebuyer purchase. Homebuyer Assistance Contractor shall coordinate access to Texas NSP Homebuyer Assistance for six (6) households at or below one hundred and twenty percent (120%) of the current AMI at the time of homebuyer contract. Texas NSP Homebuyer Assistance must be justified according to need and may not exceed thirty thousand dollars ($30,000) per household and may be combined with permanent financing for eligible households. Contractor shall accept homebuyer applications with required supporting documentation to justify the amount of assistance and determine initial income eligibility for the program. If the Contractor has acquired, rehabilitated, or reconstructed on eligible foreclosed property with Texas NSP funding provided under Contract Activity B, Purchase and Rehabilitation a portion of the activity may be converted to homebuyer assistance at the close of an eligible homebuyer purchase. Two (2) of the activities shall benefit households that are fifty-one percent (51 %) to one hundred twenty percent (120%) of the current AMI at the time of homebuyer contract. Four (4) of the activities shall benefit households that are at or below fifty percent (50%) of the current AMI at the time of homebuyer contract. Page 3 of 5 B. Purchase and Rehabilitation Acquisition/Disposition Contractor shall acquire six (6) homes or residential properties that are foreclosed or abandoned. Contractor shall carry out all acquisition of needed real property, easements, and/or rights-of-way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S,C. Sec. 4601 et seq.) and HUD implementing regulations (24 G.F.R. Part 42), as modified by the Neighborhood Stabilization Program under the Housing and Economic Recovery Act, 2008 (FR -5255-N-01). Residential Rehab iIitation/Reconstruction Contractor shall conduct six (6) residential rehabilitations and/or reconstructions of housing units within the target area(s) utilizing the funds provided under the corresponding Contract Activity line item in Exhibit B, Budget, of this contract resulting in six (6) owner -occupied homes. Rehabilitated homes (the entire unit) must be brought up to, at a minimum, Housing Quality Standards as well as local building codes and zoning ordinances. If homes are to be rehabilitated in areas where there are no applicable local building codes, then the homes must be brought up to, at a minimum, Texas Minimum Construction Standards (TMCS). Two (2) of the activities shall benefit households that are fifty-one percent (51 %) to one hundred twenty percent (120%) of the current AMI at the time of homebuyer contract. Four (4) of the activities shall benefit households that are at or below fifty percent (50%) of the current AM] at the time of homebuyer contract. F. Administration Contractor shall ensure that the amount of the Department funds expended for all eligible project -related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. Page 4 of 5 EXHIBIT B, Amendment #2 BUDGET CONTRACT NO. 77090000160 CITY OF LUBBOCK LINE CATEGORIES CONTRACT FUNDS OTHER FUNDS* TOTAL A Financing Mechanisms use subcategories) Al Permanent Financing A2 Homebuyer Assistance B Purchase and Rehabilitation use subcategories) B1 Acquisition/Disposition $ 478,232.28 -0- $ 478,232.28 B2 Rehabilitation/Reconstruction $ 205,562.58 -0- $ 205,562.58 C Land Bank D Demolition E Redevelopment use subcategories) E1 Acquisition/Disposition E2 New Construction(permanent housing) E3 Public Facilities E4 Rehabilitation F Administration $ 34,189.74 -0- $ 34,189.74 G Other non -NSP eligible use Totals $ 717,984.60 -0- $ 717,984.60 * Sources of other committed funds: 1) 2) 3) Page 5 of 5