HomeMy WebLinkAboutO-2009-3151 second amendment;Northside Neighborhood Single-Family New Construction Project agreement
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Tim Tietjen
Agenda Date Requested:
Budl!et
Requested By:
Source of Funds: N/A
Department: Planning
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Amendment
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is a second amendment to the City's agreement with Harris County for the Northside
Neighborhood Single-Family New Construction Project. This amendment increases the project budget by
$11,820 to allow for additional marketing procedures specified in the amendment. The stated amount
represents 3% (to be reimbursed to the City from Harris County) of the 5% realtor fees that will be paid to
Main Properties, Inc. for facilitating the sale of the remaining homes.
Funding for the agreement with Main Properties was established at Council's May lSthmeeting.
ORDINANCE NO. 2009-~/S-1
AN ORDINANCE APPROVING AND AUTHORIZING A SECOND AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE
NORTHSIDE NEIGHBORHOOD SINGLE-FAMILY NEW CONSTRUCTION PROJECT, TO
ALLOW FOR ADDITIONAL MARKETING PROCEDURES AND INCREASE IN HOME
GRANT FUNDS, FOR SUCH PURPOSE, HAXING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATB HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the city Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The city Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2. The city Council officially findsl determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of June, 2009.
ATTEST:
--1YJ/lu/rtf.l1. /1M
Ja~\'ra A.~le~t
City Secretary
APPROVED:
By:
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. i 4 HARRIS COUNTY, TEXAS
COMMUNITY SERVICES DEPARTMENT
mots
Office of Housing & Community Development
David B. Turkel 8410 Lantern Point Drive
Director Houston, Texas 77054
Daphne Lemetle Tel (713) 578-2000
Community Development Director Fax (713) 578 -2269
Vote of the Court: Y a No Abstain
July 6, 2009 Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
- County Judge Emmett and Comm. Eversole
Commissioner Lee, Garcia, Radack and Eversole
AGENDA LETTER
Please consider the following item on the Commissioners Court Agenda for July 14, 2009:
Approval of the attached Second Amendment to the Agreement, prepared by the County
Attorney, between Harris County and The City of La Porte for The Northside Neighborhood .
• Single- Family Housing Project. The amendment provides additional funds in the amount of
$11,820.00 for eligible project costs for a total of $469,120.00 in HOME funds. The subject
project is located in the City of La Porte, Harris County, Texas, in Precinct 2.
Thank you for your assistance with this request.
ic Si erely,
i
David B. Turkel, Director
Community Services Department .
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HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT
EXECUTIVE SUMMARY
SECOND AMENDMENT TO AGREEMENT
July 14, 2009
On August 22, 2006, Commissioners Court approved an agreement between Harris County and The City
of La Porte for the Northside Neighborhood Single - Family New Construction Project which will consist
of five (5) single - family homes for low - and very low-income citizens located at 211 North 1' Street,
207 and 216 North 2nd Street, and 210 and 224 North 6 Street hi the City of La Porte, Harris County,
Texas, in Precinct 2, utilizing $457,300.00 in HOME funds.
On March 4, 2008, Commissioners Court approved the First Amendment to the Agreement to reduce the
amount of required match provided by the City of La Porte by $12,500.00 which will allow the City to
retain marketing and listing 'services.
The Harris County Community Services Department (CSD) and The City of La Porte now desire to
amend the August 22, 2006 agreement to increase HOME funds in the amount of $11,820.00 to cover a
portion of the closing cost expenses incurred from the sale of the houses for a total of $469,120.00 in
HOME funds. The City of La Porte is increasing their match by $7,880.00 to cover a portion of the
closing costs expenses for a total match of $109,705.00.
Attached for Commissioners Court review and approval is the Second Amendment to the Agreement
between Harris County and the City of La Porte for the this project.
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Amendment 6- 29-09_doc
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SECOND AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SINGLE - FAMILY
NEW CONSTRUCTION PROJECT
• RECITALS
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas,
hereinafter referred to as "Grantee," and the City of t.a Porte, a Texas body politic and corporate under the
laws of the State of Texas, herein called the " Subrecipient", entered into an Agreement on August 22, 2006
to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the
County and consistent with any standards required as a condition of providing these funds. Such project
includes the construction of five (5) single- family houses for very low and low-income families, which Is
known as the Northside Neighborhood Single - Family New Construction Project (hereinafter, the Project".
WHEREAS, on March 4, 2008 the Grantee and the Subrecipient amended said Agreement to revise the
budget by reducing the Subreciptent's required matching contribution by an amount of $12,500.00, and
WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to specify additional
marketing procedures to be implemented and increase HOME funds In the amount of $11,820.00 to cover
a portion of closing cost expenses incurred from the sales of the houses.
NOW, THEREFORE, the Grantee and the City of La Porte do mutually agree as follows:
It. SCOPE OF SERVICES, C. Project Requirements, 2. Affirmative Marketing; Minority Outreach
Program of the original Agreement, which reads as follows:
2. Affirmative Marketing; Minority Outreach Program
The Subrecipient must follow the affirmative marketing procedures and requirements, in
accordance with 24 C.F.R. § 92.351 of the HOME Program, for HOME - assisted housing
containing five (5) or more housing units. The affirmative marketing steps consist of actions
to provide information and otherwise attract eligible persons from all racial, ethnic, and
gender groups in the housing market area to the available housing. The Grantee will
annually assess the affirmative marketing program to determine the success of affirmative
marketing actions and any necessary corrective actions. HCCEDD`s Affirmative Marketing
Policy and Procedures are found in Exhibit habit D.
Is hereby amended to read as follows:
i1. SCOPE OF SERVICES, C, Project Requirements,
2. Affirmative Marketing; Minority Outreach Program
The Subrecipient must follow the affirmative marketing procedures and requirements, in
accordance with 24 C.F.R. § 92.351 of the HOME Program, for HOME-assisted housing
containing five (5) or more housing units. The affirmative marketing steps consist of actions
to provide information and otherwise attract eligible persons from all racial, ethnic, and
gender groups in the housing market area to the available housing. The Grantee will
annually assess the affirmative marketing program to determine the success of affirmative
marketing actions and any necessary corrective actions as described in Exhibit A, Scope of
Services and Exhibit D.
0.
Exhibit A, SCOPE OF SERVICES, 111 ACTIVITIES. which reads as follows:
C, Marketing Program
The Subrecipient shall, at its sole expense, develop and adhere to a marketing plan to ensure the
completion of the process of finding buyers, building and selling of the homes during the Time of
Performance period.
The Subrecipient shall price each home in accordance with the maximum mortgage limits specified
in the .FHA Loan-203(b) Program for the HoustonlHanis County Metropolitan Service Area. The
Subrecipient shall refer ail questions, inquiries, or requests for down payment assistance to
HCCEDD staff.
D. Matching Funds Requirement
HOME Program funds used for Subrecipient construction activities are required to be matched
according to 24 C.F.R. § 92.218. The matching contribution must total not less than twenty -five
percent (25 %) of HOME funds expended. Eligible forms of matching contributions must be met in
accordance with 24 C.F.R. § 92.220.
The Subrecipient's required matching contribution for this Project shall equal no less than
$101,825.OQ.
Is hereby amended to read as follows:
Exhibit A, SCOPE OF SERVICES, III. ACTIVITIES
C. Marketing Program
The Subreoipient shall develop and adhere to a marketing plan to ensure the completion of the
process of finding buyers, building and selling of the homes during the Time of Performance
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period. Marketing plan activities shall include but not be limited to contracting with a real estate
broker licensed in the State of Texas whose responsibllities will include conducting an open house
and listing the properties on the Multiple Listings Service as well as local publications.
The Subrecipient shall price each home in accordance with the maximum mortgage limits specified
in the FHA Loan 203(b) Program for the Houston/Harris County Metropolitan Service Area. The
shall' refer all questions, inquiries, or requests for down payment assistance to
HCCSD staff.
D. Matching Funds Requirement
HOME Program funds used for Subrecipient construction activities are required to be matched
according to 24 C.F.R. § 92.218. Eligible forms of matching contributions must be met in
accordance with 24 C.F.R. § 92.220.
The Subrecipienfs required matching contribution for this Project shall equal no less than
$109.705.00.
111.
Exhibit B, Budget, which reads as follows •
- The City of La Porte Northside Housing Affordable Single- Family New Construction Project
Maximum Amount to be Pald Under this Agreement
it is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement
shall not exceed FOUR HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED DOLLARS and 00/100
($457,300.00).
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Project Budget
..� L 11t f 7 q • :^" ✓jy iJ ' 2 t - '! }. r'S / !. S h y :^ c +e ..F i ..
Description • HCCSD Match Other Total
li d
2 t, ' E ':E °; ii T ,1 �` `.J_ 5 f t o . �j 'rl s• 't Y• ` v j 1C� /r t y 7 Y
.1 •: .. .. 1 _. _..`z_„_�ri�`w....L�L a }Y . _ 'r!rf• -. ... �.�...,. S.Sti.f :} -•SILi * n L � �s.? ... �h'h�,r -b3. _.J_ r.�._.:.. ._ _
Personnel $0 $0 $0 $0
Non Personnel $0 $0 $0 $0
Subtotal $0 $0 $0 $0
-11 3 1 .{ - r• + - , ri Y FE
a n
Down Payment Assistance $0.00 $0.00 $0.00 $0.00
Acquisition $0.00 $0.00 $0.00 $0.00
Rehabilitation $0.00 • $0.00 $0.00 $0.00
New Construction $452,300.00 $100,575.00 $0.00 $552,875.00
HGPID inspection $5,000.00 $1,250.00 $0.00 $6,250.00
s - •ys
Tit
��vi- :t6>2,'..'fi», r
Deveio :rFee 10% $0.00 $0.00 $0.00 $0.00
Deveto.mentFinancin Savings $0.00 $0.00 $0.00 $0.00
Construction Financin • Savings $0.00 $0.00 $0.00 $0.00
Marketin , & Listin • $0.00 $0.00 $0.00 $0.00
Subtotal $0.00 $101,825.00 $0.00 $559,125.00
r? $457,300.00 $101,825.00 $0.00 $559,125.00
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Is hereby amended to read as follows:
EXHIBIT B, BUDGET
The City of La Porte Northside Housing Affordable Single- Family New Construction Project
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement •
shall not exceed FOUR HUNDRED SIXTY -NINE THOUSAND ONE HUNDRED TWENTY DOLLARS and
• 001100 ($469,120.00).
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Project Budget
:c.. : :-42 - `g. - _,W- - Y5.•-•,7.A. 1 1-7 . f-- • , . ,,-; : - S4:::: ' - * . - ( ' , 4:- t -..'-'-'-?' ...../ *•17,-
: '- .. - -:, .-': ' : .,',. ' ' ..1 ;' t' ,e-rzel :0 ,6 ...f , I - . 3 ..3-' , • , 2.-1W 7 -,:.; - Cf: l'-. -V- . :71"{f- r e70.,.._ .,,,, , ,,.I . , • N:
:'-:''''`.;..' r. ,'"I :' r'iiik.:44; 1. a ,, ,,T■,,,,,,, -.1 _ .t.W.,,,_,_r-5 11.74. ',.. '.‘. :5,t'?`r
Description HCOSD Maill Other Total
1 .. - - - --:„ - . , .,_ ..-, .,„,.. -,..2.-_-_,,,..,„,,,,,,....-.,-,.. .....„-±, ,, .,„„ ,i..-„,--..-, -_.„.,-,--,-.-,:,- -..-...,--- ,-_ ,„-,,-,- --..-,-- .,•,,,,,,..-. ,....,,,..
.... „ , - • , 1, . 1 , , r . „ . , z=!1_ .- ' .' 4. 4 , -- `•?, -'-.1''-' .'-'- • ',..._'' .. :.,-,--•••--' . '' '''','' il 2- • ' ;.---- -^', ; • '• • ■ ,••••• :- , ,•%, - '•'' ••••• - ': .- 1, •-•','■'..,
■ . ' ' •:` T :-'%. ` ' • . Ez.p, . =, -- 4' . _7.,,,'_-_-::-..-2 s , -- . - s-; -,-,'-:__; ;,, -_:, -,- -,- '''• .u.' r--- • -'0', - ,-:- '1.: • , --, --',:',. - ,.
Personnel _._.--.:-',-;_, --_-=:•___ _c_i; - : ._ - i,i - . - --1-; ._ 1,. .-, -., • . : .,
$0 $0 $0 $0
Non Personnel $0 $0 $0 $0
Subtotal $0 $0 $0 $0
1 .. : s , ; .;-•• „,- 1. :: " -1 ,- ,- ` 5 , -- ", '''' :;-, , .,'''''. - --7- 1 -::: - - - -; - ; . -- ,:-` : ,- ..4,---•,,
r., , '.-- •` ' ... -; .'-', 4 ..,:7.-.47. ---, -,74,',.
-., "- .--, - ,2.-_- .-:.;:.'?=- : .7.-..„._.,-i 2- ,, ,,:_:/,,_ ,,...,.,..,,,, .‘,. -- ,-. ,L.
Down Payment Assistance $0.00 $0.00 $0.00 $0.00
Acquisition $0.00 $0.00 $0.00 $0.00
Rehabilitation $0,00 $0.00 $0.00 $0.00
New Construction $452,300.00 $100,575.00 $0.00 $552,875.00
HCPID Inspection $5,000.00 $1,250.00 $0.00 $6,250.00
Subtotal $457,300.00 $101,825.00 $0 $559,125.00
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F: , ,, , .7 ,,,: - ;. ,,,---t-7.-7..";',4-=.443.,,fi--Jt.,,,E,..±..,..!dA74.-7-3., .,,-'%4T-TA'C'5,_.,`Fi;1;47.3:1-7.7,4'41-'4;7.::::',,.::---1,7;:;-'14-P,-•`"-;'Ai
i .. ,, --:- , 0,,,i- ,..1_,.: , _ J.I. •,t ,,. ---., ' 9 ,
L.:- --,,,,,,:,,, - 2 .';'- . IC"?.*- r'n ' - ' ' ' -- 'i - Wii.171: :- ' - '2 , i'. 4 ;:..,::
Bevel° i . r Fee 10% $0.00 $0.00 $0.00 $0.00
i - veto mientE w.., ailia4111.1111111.1111111 $0.00 $0.00 $0.00 $0.00
• 1 •., ton Fr : ,macokillM1111111111111.11 $0.00 $0.00 $0.00 $0.00
Mein • Costs $11,820.00 $7,880.00 $0.00 $19,700.00
Subtotal $11,820.00 $7,880.00 $0.00 $19,700.00
-,,,,---z,--,-.. Ls. ,„- ,,,t - -7_7-• ,- ,-; :,...., eAcri 01A
..., ;-: :_--.__, ..,-.__-,,•11,; ,, -: I' - t : (• ' I : - '::IP .7 - 40,. - "4 "qua, i n
$109,705.00 $0.00 $578,825.00
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IN WITNESS 'WHEREOF, the Parties have executed this Second Amended Agreement as
of the day of JUL - 2009 , 2009.
Harris County C` of La
.
BY: t -r'� �,y By: T �
�}
ED EMMETT Name: ;' .� PI
County Judge Tdfe: IRY/ _.
1
B . ?.ter Attes \ , l < < 'JL , ii
'AVID TURKEL Name: wifi , �
Director Title: i�tge ,f " t = elf 1 1
Harris County Community
Services Department
APPROVED AS TO FORM:
VINCE RYAN
Coun Attorney
By: b s I
DO « .S RAY
A. tent County Attorney
AUDITOR'S CgRTIFICATION
1 hereby certify that funds are available in the amount of $469120.00 (of which $452,300.00 was previously
certified on August 22, 2006) for construction costs and $5,000.00 (as previously certified on August 22,
2006) for Harris• County Public infrastructure Department inspection and engineering administration to pay
the obligation of Harris County under this Agreement.
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Barbara J. Schott
County Auditor
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THE STATE OF TEXAS §
COUNTY OF HARRIS §
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The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
IIUL 1 4 22009, with the following members present, to -wit:
Ed Emmett County Judge
El Franco Lee Commissioner, Precinct No. 1
Sylvia R. Garcia Commissioner, Precinct No. 2
Steve Radack Commissioner, Precinct No. 3
Jerry Eversole Commissioner, Precinct No. 4
and the following members absent, to -wit: ......1 , constituting a
quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO TILE
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR
THE NORTHSIDE NEIGHBORHOOD SINGLE - FAMILY NEW CONSTRUCTION
PROJECT
Commissioner introduced an order and made a motion that the same be
adopted. Commissioner seconded the motion for adoption of the order.
The motion, carrying with it the adoption of the order, prevailed by the following vote:
Yes No Abstain
Judge Emmett ❑ ❑
Comm. Lee ❑ ❑
Comm. Garcia ❑ ❑
Comm. Radack ❑ ❑
Comm. Eversole ❑ ❑
The County Judge thereupon announced that the motion had duly and lawfully carried and that
the order had been duly and lawfully adopted. The order thus adopted follows:
RECITALS:
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of
Texas, hereinafter referred to as "Grantee," and the City of La Porte, a Texas body politic and
• corporate under the laws of the State of Texas, herein called the "Subrecipient ", entered into an
• Agreement on August 22, 2006 to administer a HOME Investment Partnerships (HOME)
Program project in a manner satisfactory to the County and consistent with any standards
required as a condition of providing time funds. Such project includes the construction of five
(5) single - family houses for very low and low - income families, which is known as the Northside
Neighborhood Single- Family New Construction Project (hereinafter, the "Project ").
Presented to Commisstrmer'a Cart
7 Mil 42009
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APPROVE_.....,
WHEREAS, on March 4, 2008 the Grantee and the Subrecipient amended said Agreement to
revise the budget by reducing the Subrecipient's required matching contribution by an amount of
$12,500.00, and
WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to specify
additional marketing procedures to be implemented and increase HOME funds in the amount of
$11,820.00 to cover a portion of closing cost expenses incurred from the sales of the houses.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: The Director of Harris County Community Services Department is authorized to
execute an amendment to the Agreement on behalf of Harris County between
Harris County and the City of La Porte to construct five (5) single - family homes
located at 211 North I Street, 207 and 216 North 2° Street, and 210 and 224
North 6 Street in the City of La Porte, Harris County, Texas, in Precinct 2. The
Second. Amendment is attached hereto and made to part hereof for all purposes.
Section 3: The Community Services Department and its director or his designee are
authorized to take such actions and execute such other documents as they deem
necessary or convenient to carry out the purposes of this order.
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