HomeMy WebLinkAboutO-2009-3187 3rd amendment to allow for additional financial assistance to eligible Down Payment Assistance
9
~--
------------ --
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Sentember 28. 2009
Bud!!:et
Requested By:
Tim Tietjens
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 third 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
$41,000 to allow for additional financial assistance to eligible Down Payment Assistance homebuyers for
the remaining four (4) single-family unsold homes located at 211 North Isl; 207 and 216 North 2nd; and
224 North 6th Streets. The stated amount represents an additional $10,000 for each of the four homes and
increases the Harris County Public Infrastructure Department Inspection budget by $1,000.
The project budget is being increased utilizing Harris County Tax Increment Reinvestment Zone (TIRZ)
Program funds. This amendment does not increase the City's matching contribution requirement.
Action Reauired bv Council:
Consider authorizing the City Manager to execute a third amendment to the City's agreement with Harris
Cou r the Northside Neighborhood Single-Family New Construction Project, to allow for additional
fi cial assistance to eligible Down Payment Assistance homebuyers for the remaining four (4) single-
amily u sold homes located at 211 North 1 SI; 207 and 216 North 2nd; and 224 North 6th Streets.
ORDINANCE NO. 2009- 3/ ~ 7
AN ORDINANCE APPROVING AND AUTHORIZING A THIRD 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 FINANCIAL ASSISTANCE TO ELIGIBLE DOWN
PAYMENT ASSISTANCE HOMEBUYERS FOR FOUR UNSOLD HOMES LOCATED AT
211 NORTH 1ST; 207 AND 216 NORTH 2ND; AND 224 NORTH 6TH STREETS; FOR
SUCH PURPOSES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE 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 finds, 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.
ORDINANCE NO. 200~~f)
PASSED AND APPROVED, thish tAday of &,;htvI~ ,2009.
ATTEST:
~atllilA /rri-tff
Mart A. Gillett
City Secretary
APPROVED:
~r~
ark T. Askins
Assistant City Attorney
PAGE 2
CITY OF LA PORTE
By:
� ' 1
. , r 1 . HARRIS COUNTY, TEXAS
COMMUNITY SERVICES DEPARTMENT
roes
Office of Rousing & Community Development
David B. Turkel 8410 Lantern point Drive
Director Houston, Texas 77054
Daphne Lemelle Tel (713) 5712 -2000
Community Development Director Fax (713) 578-2269
October 5, 2009
County Judge Emmett and
Commissioner Lee, Garcia, Radack and Eversole
AGENDA LETTER
Please consider the following items on the Commissioners Court Agenda for October 13, 2009:
• Approval of $40,000.00 in Tax Increment Reinvestment Zone (TIRZ) Affordable
Housing Set -Aside Funds to provide additional down payment assistance for eligible
homebuyers participating in the City of La Porte's Northside Neighborhood Single -
Farnily Housing Project. The subject project is located in the City of La Porte, Harris
County, Texas, in Precinct Two. •
• Approval of the attached Third Amendment to the Agreement, prepared by the
County Attorney, between Harris County and The City of La Porte, for the use of
TIRZ funds for the Project.
• Authorization for the Auditor's Office to transfer the funds from the TIRZ Affordable
Housing Increment Fund, and the Treasurer's Office to release payment to Harris
County Community Services Department for disbursement in accordance with the
Amendment.
Thank you for your assistance with this request. Presented to Commissioner's Court
Vote of the Gout � , No Abstain OCT 1 3 20 9 G
Judge Emmett Sincerely, APPROVE
Comm. Lee . Recor• = Vol Page
Comm. Garcia
Comm. Radack
Comm. Eversole David B. Turkel, Di tor 53 171:13 E10 S VN dW
D1iTMtlJcrw/dwisb 1131:W
�
a nz $ tr L
=
CADoeuhkads arid .Scttings *ollraULocat Scttings\Temporary Internet FifestiOLIMNorthtide 3rd Amendment Agenda Letter 9- 29-09(2).doc
HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT
EXECUTIVE SUMMARY
THIRD AMENDMENT TO AGREEMENT
October 13, 2009
On August 22, 2006, Commissioners Court approved an agreement between Harris County and The City of La
Porte utilizing $457,300.00 in HOME Investment Partnership (HOME) Program, funds for the Northside
Neighborhood Single - Fancily New Construction Project. The project consists of five (5) single- family homes
for low - and very low- income citizens located at 211 North 1 Street, 207 and 216 North 2 thi Street, and 210 and
224 North 6 Street in the City of La Porte, Harris County, Texas, in Precinct Two.
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 allowed the City to retain
marketing and listing services.
On July 14, 2009, Commissioners Court approved the Second Amendment to the Agreement to increase HOME
funds in the amount of $11,820.00 for partial funding of closing costs incurred from the sale of the houses for a
total of $469,120:00 in HOME funds. The City of La Porte increased their match by $7,880.00 to cover a
portion of the closing costs expenses for a total match of $109,705.00.
The Harris County Community Services Department (CSD) and The City of La Porte now desire to amend the
August 22, 2006 agreement to provide $40,000.00 in Tax Increment Reinvestment Zone (TIRZ) funds for a
total Budget of $510,120.00 to provide additional down payment assistance to eligible homebuyers. The use of
TIRZ funds is in accordance with the teGuidelines for Expenditure of TIRZ - Generated Affordable Housing
Funds" as amended and approved by Commissioners Court on September 14, 2004.
CSD requests approval of the following:
• Allocation of $40,000.00 grant in TIRZ Affordable Housing Set-Aside Funds to provide additional
down payment assistance for eligible homebuyers participating in the City of La Porte's Northside
Neighborhood Single- Family Housing Project. The subject project is located in the City of La Porte,
Harris County, Texas, in Precinct Two.
• Approval of the attached Third Amendment to the Agreement, prepared by the County Attorney,
between Harris County and The City of La Porte, for the use of TIRZ funds for the Project.
• Auditor's Office to transfer the funds from the TIRZ Affordable Housing Increment Fund, and the
Treasurer's Office to release payment to Barris County Community Services Department for
disbursement in accordance with the Amendment.
•
C:1Doeumenta and Sentegstsoltra\i.ocal SettingATempora y'Internet 1;ite OLK991Natheide 3rd Amendment Agenda Letter 4 29.09(2).doe
•
THIRD AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SINGLE- FAIVHLY
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 La Porte, a Texas body politic and corporate under the
laws of the State of Texas, herein called the " Subrecipienf , 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, 20008 the Grantee and the Subreciplent amended said Agreement to revise the
budget by reducing the Subrecipient's required matching contribution by an amount of $12,500.00, and
WHEREAS, on July 14, 2009 the Grantee and the Subrecipient amended said Agreement to revise the
budget by specifying 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,
and
WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to provide Tax
Increment Reinvestment Zone (TIRZ) Program funds In the amount of $40,000.00 to provide down
payment assistance to eligible homebuyers.
NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree as follows:
Exhibit A, Scope of Services, found at pages 23-25 of the Agreement, is replaced entirely. The amended
Scope of Services is attached hereto and shall be known as 'Exhibit A to the Third Amendment of the
Agreement'
li.
Exhibit B, 'Budget," found at page 26 of the Agreement, is replaced entirely. The amended budget is
attached, hereto and shall be known as "Exhibit B to the Third Amendment of Agreement."
III.
In the event of any conflict between this Third Amendment to Agreement and the original Agreement, the
. terms of this Third Amendment shall govem. Ali other conditions between the parties shall remain in full
force and effect.
•
Exhibit A
APPLICATION
This Scope of Services is based on the proposal prepared and submitted by the Subrecipient
through the Harris County Community Services Department's (HCCSD) annual Request for
Proposal (RFP) process. However, in the event of any conflict between the proposal and any
provision contained herein, this Agreement shall control. In addition to the activities listed below,
the Subrecipient agrees to operate this Project in accordance with HOME requirements and all
other applicable Federal, state and local regulations.
11 PROJECT DESCRpTiON
The Subrecipient shall be responsible for implementing the Northside Neighborhood Single•Family
New Construction project during the term of this Agreement. The scope of the project Is to
construct five (5) single- family homes in the City of La Porte, Harris County, Texas. The
Subrecipient shall administer all activities in the provision of the aforementioned activities in
accordance with all applicable Federal, state, and local rules and regulations governing these
funds, and in a manner satisfactory to the Grantee.
•
ill. ACTIVITIES
The Subrecipient shall be responsible for the delivery of the activities to be performed under this
Agreement including, but not be limited to, the budget line Item categories listed in the budget
detail of Exhibit B and as detailed further below:
A. Site Control
Prior to commencement of construction, the Subrecipient shall provide copies of all closing
documents, including the recorded Deed of Trust, in the name of the Subrecipient, to evidence the '
purchase and transfer of ownership to the Subrecipient for approximately five (5) vacant lots of land
located in the City of La Porte, Harris County, Texas. Such land will be purchased at the
Subrecipient's sole expense prior to construction of the Project.
B. Construction
The Subrecipient shall construct five (5) affordable single- family homes at 211 North 1st, 207 and
216 North 2 and 210 and 224 North 6th Streets located in the City of La Porte, Harris County,
Texas.
C. Down Payment Assistance
The Grantee will provide up to $10,000.00 in additional financial assistance to eligible Down
Payment Assistance Program (DAP) homebuyers for the remaining four (4) single- family unsold
homes in the Northside Neighborhood Single- Family New Construction Project to be used for down
payment and closing cost assistance: 211 North 1st; 207 and 216 North 2 224 North 6 Streets.
Applications for down payment assistance will be processed by the Grantee following a preliminary
determination of eligibility of the applicant based upon the Letter of intent to Process Loan, Good
Faith Estimate and 1003 Uniform Residential Loan Application submitted by the mortgage lender,
pursuant to the regulations governing the HOME Program.
D. Marketing Program
The Subrecipient 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
period. Marketing plan activities shall include but not be limited to contracting with a real estate
broker licensed in the State of Texas whose responsibilities 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
Subrecipient shall refer all questions, inquiries, or requests for down payment assistance to
HCCSD staff.
E. 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 Subreciptent`s required matching contribution for this Project shall equal no less than
$109.705.00.
F. Service Delivery Plan
The Subrecipient shall follow the detailed work plan summary below and Project timeline to ensure
completion of the Project within the Time of Performance period.
Month Aetiv /Action
August 2006 The Subrecipient and Grantee sign contract. The Request for
Qualifications (RFQ) process for qualified builders is posted. Pre - program
Contract survey with residents and community leaders begins.
Begins--
February Five (5) building sites/lots are purchased by the Subrecipient. RFQ
2007 reviewed by the RFQ Committee and recommendation forwarded to
Subrecipient. Pre- program evaluation/survey with area residents and
community leaders is conducted. RFQ's are reviewed by community
leaders. The Subrecipient signs contract with consultant to assist with
marketing and application process with HCCSD
March The Subrecipient submits building plans for review and approval by
HCCEDD. Marketing efforts begin.
April After approval from HCCSD, the Subrecipient signs contract with winning
builder. "Interest" meeting event held. Partnering lending institutions are
identified. Possible applicants are directed to HCCEDD Lending Services
to be: in formal process.
May Application process through HCCSD Lending Services is ongoing.
Program marketing continues. The Subrecipient is advised of potential
homebuyers' applications. Partnering lending institutions begin processing
potential homebuyer applications.
July Processing of homebuyer applications continue. Lots are cleared, grubbed
and graded to standard. Program marketing continues.
August Qualified homebuyers are identified and approved for mortgage and down -
payment program. Construction begins on five (5)homes.
September Program applicants are certified by HCCSD according to HUD's HOME
guidelines. Construction continues while accounting for possible weather
delays.
October Construction of the homes and certification of applicants continue.
Replacement applicants are sought if required.
January 2008 Construction of the remaining three (3) homes and certification of
applicants continue. Replacement applicants are sought if required. __
March Construction of the first two (2) homes is completed. Certification of
homebuyer applicants continues. Replacement applicants are sought if
required.
May Program marketing and certification of homebuyer applicants continues.
Replacement applicants are sought if required.
June Program marketing and certification of homebuyer applicants continues.
Replacement applicants are sought if required.
July Closing occurs on one (1) home and the "Key Exchange" ceremony is
scheduled and advertised with the community leaders.
August Construction of the remaining three (3) homes and certification of
applicants continue. Replacement applicants are sought if required. •
September Construction of the remaining three (3) homes ends and program
and October evaluation begins.
November Final reports are submitted to HCCSD. Certification of applicants continue.
R ' iaeement a i licants are sou: t if - aired.
Time/Date variances to the schedule may be approved by the Director of HCCSD or his designee If
reasonable justification is provided for the delay.
G. Notices
All notices and communications concerning this Agreement shall be directed to the Grantee and
Subrecipient as follows:
•
•
•
Grantee Subrccipien(
David B. Turkel, Director Tim Tletjens
Harris County Services Department City of La Porte Planning Department
8410 Lantern Point Drive 604 W. Fairmont Parkway
Houston, TX 77054 La Porte, Texas 77571.6215
s
II.
•
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 FIVE HUNDRED TEN THOUSAND ONE HUNDRED TWENTY DOLLARS and 00/100
($510,120:00).
r Project Budget
8i dgetStiW ilia . -.
Description HCCSD Match Other Total
Personnel $0 $0 $0 $0
Non Personnel $0 $0 $0 $0
Subtotal $0 $0 $0 $0
Down Payment Assistance $40,000.00 $0.00 $0.00 $40,000.00
Acquisition $0.00 $0.00 $0.00 $0.00
Rehabilitation $0.04 $0.00 $0.00 $0.00
New Construction $452,300.00 $100,515.00 $0.00 $55Z875.00
HCPID Inspection $6,000.00 $1,250.00 $0.00 $7,250.00
Subtotal $498,300.00 $101,825.00 $0 $600,125.00
Subro 1pientResa vefunds- • DeveloperFee(10 %) $0.00 $0.00 $0.00 $0.00
Development Financing Savings $0.00 $0.00 $0.00 $0.00
Construction Financing Savings $0.00 $0.00 . $0.00 $0.00
Closig Casts $11,820.00 $7,880.00 $0.00 $19,700.00
Subtotal w $11,820.00 $7,880.00 $0.00 $19)00.00
• . Proj t0. 't F . $510,120.00 ;109,705.00_ x.00 $619,825.00
try
IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the
day of 1 1 3 , 2009.
Hants County Ch ofr
By. 1
Name: i I
Title: WPM..� r� '
1
(�Y Attest: n', 1e
DAVID TURKEL Name: m.-4iii
Director Title: wi� p .r_ ' ' r.
Harris County Community
Services Department
APPROVED AS TO FORM:
VINCE RYAN
Co I 1 Attorney
By: •
D • RAY
A istant County Attorney
AUDITOR'S CERTIFICATION
hereby certify that funds are available in the amount of 010.120.00 of which $469,120.00 was previously
certified for this Project to pay the obligation of Harris County under this Agreement.
Barbara J. Schott
County Auditor
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
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
_ OCT 13 2009 , 2009, 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: , constituting a
quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR
THE NORTIISIDE NEIGHBORHOOD SINGLE - FAMILY NEW CONSTRUCTION
PROJECT
Commissioner _ � introduced an order and made a motion that the same be
adopted. Commissio er , ' 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 LID ❑
Comm. Lee ❑
Comm. Garcia ❑ ❑
Comm. Radack ❑ ❑
Comm. Eversole ❑ ❑
The County Judge thereupon announced that the motion had duly and lawfully carved 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 these funds. Such project includes the construction of five
Presented to Commissioner's Court
OCT 13 2009
APPROVE
•
Recorded Vol Page -
i
(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 Subrecipient's required snatching contribution by an amount of
$12,500.00, and
WHEREAS, on July 14, 2009 the Grantee and the Subrecipient amended said Agreement to
revise the budget by specifying additional marketing procedures to be implemented and increase
HOME in the amount of $11,820.00 to cover a portion of closing cost expenses incurred
from the sales of the houses, and
WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to provide
Tax Increment Reinvestment Zone (TIRZ) Program funds in the amount of $40,000.00 to
provide down payment assistance to eligible homebuyers.
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 1 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
Third 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.
•