HomeMy WebLinkAbout027804 RES - 08/12/2008Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC., IN THE
AMOUNT OF $160,000, FOR NEW HOME CONSTRUCTION,
AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AN AFFORDABLE HOUSING PROJECT SERVICE
AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND HABITAT FOR HUMANITY -- CORPUS
CHRISTI, INC.
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Habitat for Humanity -- Corpus Christi,
Inc. for New Home Construction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Habitat for
Humanity -- Corpus Christi, Inc. for New Home Construction, which is attached to
this resolution as Exhibit A, and expend $160,000 of funds available to the
Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Habitat for Humanity -- Corpus Christi, Inc., which is attached to this
resolution as Exhibit B.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
He ry Garr
Mayor
027804
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APPROVED as to form: July i, 2008
R. Jay g
First ssistant City,Attorney
For the City Attorney
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Corpus Christi, Texas
of
, 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper —AT__
Larry Elizondo, Sr. —Al --
Mike Hummel! —4 ----
Bill Kelly Ae,ki--
Priscilla G. Leal Abehu;h-
John E. Marez kbe4t-i--
Nelda
Martinez —4 --
Michael McCutchon411---
027804
H:1LEG-DIRISharedUay'Agenda1200818-121Res-Affordale Housing-HabitatforHumanity.doc
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sbctions 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money
required for the current fiscal year's portion of the contract, agreement, obligation or expenditure
described below is in the Treasury to the credit of the Fund specified below, from which it is to be
drawn, and has not been appropriated for any other purpose. Future payments are subject to
annual appropriation by the City Council.
City Council Action Date: August 12. 2008
Agenda Item:
F. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with Habitat for Humanity -- Corpus Christi,
Inc. for new home construction, and authorizing the City Manager, or designee, to execute an
affordable housing project service agreement with the Corpus Christi Business and Job
Development Corporation regarding implementation and administration of the affordable
housing project agreement between Corporation and Habitat for Humanity— Corpus Christi,
Inc.
Amount Required:
$ 160.000.00
Fund Name
Fund No.
Org. No.
Account
No.
Project
No.
Amount
4A 118' Cent Sales Tax for
Economic Development
114°
15000
Sy 0 a 9 D
$160,000.00
Total
$160,000.00
Certification Not Required
Director of Finan 'al Servirves
Date: etvie
AFFORDABLE HOUSING PROJECT AGREEMENT
HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC. —
NEW HOME CONSTRUCTION
This Affordable Housing Project Agreement ("Project Agreement") is entered into
between the Corpus Christi Business and Job Development Corporation
("Corporation"), the City of Corpus Christi ("City"), and Habitat For Humanity -- Corpus
Christi, Inc. ("Grantee").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ("City Council"), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ("Board");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds for the
construction of 9 new homes over a 3 year period in the City's Model Block Area for low
income homebuyers;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal, which has been verbally modified to provide for
the construction of 4 homes during this fiscal year;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
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Exhibit A
the promotion and development of an affordable housing project proposed by Grantee
in response to the Board's request for proposals ("Project Response"). The Project
Response submitted by Grantee, entitled "Habitat for Humanity New Home
Construction" ("Project") is attached to this Project Agreement as Exhibit A, and is
incorporated in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ("Effective
Date")
3. Expiration Date. This Project Agreement expires on July 31, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ("City Manager"),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall construct four (4) new single-family homes for low to moderate
income families.
b. Each home constructed must be approximately 1,200 square feet depending
on family size, with two to three bedrooms. The number of bathrooms may range
from one to two depending on the family needs.
c. The cost of each house must range from $60,000 to $65,000.
d. Grantee must offer two (2) different floor plans for the two and three bedroom
homes.
e. The houses are to be built in the City of Corpus Christi Model Block Program
area or another revitalization designated neighborhood.
f. Each homeowner must meet the qualifications in Exhibit B.
6. Services to be Provided by Corporation. The Corporation will provide a grant of
up to $40,000.00 toward the construction of four new homes, but the total granted may
not exceed $160,000.00.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
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b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ("Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ("Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining the development of the property and construction of the homes, to
how the funds provided under this agreement were expended, and the
qualifications of the new homeowners, and include any supporting
documentation required to substantiate the written narrative contained in the
reports. The reports must document:
(1) Property appraisal information
(2) Title and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Timelines for development of property and construction of homes
(6) Partnership agreements for construction of the homes
(7) Home buyer assistance information — amounts per homebuyer
(8) Itemized Energy efficiency (green building) features with documented
expenses
(9) Balance of 4A grant
(10) Pending project expenses
(11) Status of project time line
(12) Project challenges and anticipated resolutions.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may, be made, nor
any provision waived, unless the amendment or modification is made in writing
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and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
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12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
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b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
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16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ("Cure
Period") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
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19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Habitat for Humanity — Corpus Christi, Inc.
Attn: President Board of Directors
P.O. Box 3032
Corpus Christi, Texas 78463-3032
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint -venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
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23. Non-discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non-discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
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ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Date:
George K. Noe
City Manager
Date:
APPROVED AS TO FORM:
R. Ja einJ
Firs Assistant City At# 6rney
for the City Attorney
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HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC,
Peggy Hopkins
President
STATE OF TEXAS §
§
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2008,
by Peggy Hopkins, President, Habitat For Humanity -- Corpus Christi, Inc., a Texas
Domestic Non -Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
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Habitat
for Humanity'
Building houses In partnership with God's people In need
361-289-1740 • Fax 361-289-1901
P.O. Box 3032 • Corpus Christi, TX 78463-3032
April 26, 2008
4A Board 2007-2008 Affordable Housing Program
City Secretary's Office
City of Corpus Christi
Attention: Armando Chapa, City Secretary
1201 Leopard Street
Corpus Christi, TX 78469-9277
To the Corpus Christi Business and Job Development Corporation (4A Board):
I submit for your consideration the application for a grant from the Corpus Christi
Business and Job Development Corporation Affordable Housing Program for new
construction. Find enclosed all the documents required as specified for the award.
I am submitting this on behalf of the Habitat for Humanity — Corpus Christi Affiliate.
We are the local affiliate of Habitat for Humanity International, a non-profit, ecumenical
Christian housing organization. Habitat for Humanity works in partnership with the
community and "partner families" to build decent, affordable housing.
Included with this proposal is a copy of the 2008 HFH -CC budget and balance sheet.
Also as a part of this proposal is a copy of plans for a three bedroom house.
Thank you for your consideration.
Respectfully,
/194141 -;2 -)
Peggy Hopkins
President Board of Directors
Habitat for Humanity — Corpus Christi
Exhibit A
Qualifications and Experience
Mission Statement:
Habitat for Humanity -Corpus Christi is a non-profit ecumenical Christian organization
dedicated to eliminating substandard housing and to making adequate, affordable shelter
a matter of conscience and action. Habitat is founded on the conviction that every man,
woman and child should have a simple, decent, affordable place to live in dignity and
safety.
HFH -CC offers a hand up, not a hand out
Habitat for Humanity International (HFHI) was founded in 1976 by Millard and Linda
Fuller. HFHI may be contacted at www.habitat.org. Habitat has built more than
250,000 houses around the world, providing more than 1 million people in more than
3,000 communities with safe, decent, affordable shelter.
Habitat for Humanity's work is accomplished at the community level by affiliates —
independent, locally run, nonprofit organizations. Each affiliate coordinates all aspects of
Habitat home building in its local area ---- fund raising, building site selection, partner
family selection and support, house construction, and mortgage servicing.
Habitat for Humanity International's operational headquarters, Iocated in Americus,
Georgia, USA, and its administrative headquarters, located in Atlanta, Georgia, provide
information, training and a variety of other support services to Habitat affiliates
worldwide.
Habitat for Humanity -- Corpus Christi (HFH -CC) was founded in November 1989 and
has built or rehabilitated 29 houses. There are currently 3 more houses under
construction that are due to close in the summer of 2008.
HFH -CC is working in partnership with individuals, churches, businesses, foundations,
community organizations and financial institutions to meet the tremendous need for safe
and decent housing within this community. HFHI's guidelines recommended that
affiliates in communities similar to Corpus Christi should be building a minimum of 10 to
15 houses per year.
The sole purpose of HFH -CC is to design, construct and finance decent and affordable
housing for low-income hard working families. The family selection committee chooses
homeowners based on their level of need, their willingness to become partners in the
program and their ability to repay the loan. HFH -CC follows a nondiscriminatory policy
of family selection. Neither race nor religion is a factor in choosing the families who
receive Habitat houses.
Capabilities
HFH -CC through volunteer labor and donations of money and materials builds simple,
decent houses with the help of the homeowner (partner) families. Habitat houses are sold
to partner families at no profit and financed with affordable loans. The homeowners'
monthly mortgage payments are used to build still more Habitat houses.
Included is a copy of the most current budget and balance sheet.
Committees:
HFH -CC works through board led committees to select families for home ownership,
select building sites, organize volunteer labor, construct the homes, nurture the families
and develop resources for building more homes.
Prospective homeowners go through an extensive interview and selection process. The
Family Selection Committee, most recently chaired by Gary Hudson, considers three
basic criteria:
1. Need according to family size, present housing conditions and income level (not
to exceed 60% of AMFI Area Median Family Income for Corpus Christi, TX
2007).
2. Ability to make payments on the 20 to 30 year zero interest mortgage carried by
HFH—CC. Habitat houses are affordable for low-income families because there
is no profit included in the sale price.
3. Willingness to partner by contributing 300-500 "sweat equity" hours earned in
construction of other's homes and their own home, working at the ReStore,
fundraising, office work and other areas of need. This sweat equity is considered
the homeowner's "down payment".
By investing their time and energy in the building processing the homeowners have a
vested interest in the home and are also taught the basic skills to help in the maintenance
of their home. HFH -CC also believes that by providing the homeowner with the
opportunity to help others in building their homes and participating in fundraising for the
homes they learn to become a vital member of the community.
Home visits and credit checks are conducted to verify application information.
HFH -CC follows a nondiscriminatory policy of family selection. Neither race nor
religion is a factor in choosing the families who receive Habitat houses.
The Site Selection Committee, led by O.K. Smith, acquires sites thru donations and
purchases. HFH -CC is currently working with the City of Corpus Christi in the Model
Block areas. HFH -CC is licensed by HFHI to build only within the Corpus Christi City
limits.
Over 2050 volunteers currently work with HFH -CC on the construction of the Habitat
homes, in the office and at the ReStore. Ada Davis is the Volunteer Coordinator for the
jobsites. She started as a volunteer in the office and is now a part-time paid staff
member.
The Construction Committee is currently led by Ted Meyer who is a retired home
builder and past president of a Habitat affiliate in the Texas valley area. He is assisted by
Ken Randolph, an AmeriCorps worker, and Chuck Hilton, an on going volunteer.
The Nurturing Committee, led by Ellen Coimbra, contacts the prospective home owners
to encourage them with their sweat equity hours and offer assistance in other aspects of
their lives such as referrals to credit counseling services.
The Resource Development Committee, chaired by Peggy Hopkins, seeks funding for
the home construction through partnership with individuals, churches, businesses,
foundations, community organizations and financial institutions.
Staff:
HFH -CC is composed of four staff members. Carolyn J. Smith is the Executive Director.
She is in charge of fundraising and managing the office and the three other staff
members. Ken Randolph is an AmeriCorps worker with the position of Construction
Coordinator and Volunteer Crew leader. Ada Davis is Volunteer Coordinator. Paul
Nugent is our Habitat for Humanity ReStore Manager.
Habitat for Humanity—Corpus Christi is working hard to increase the number of needy
families served each year. In 2005 only one amily of seven was severed. In 2006
another family, this time of six, was served and in 2007 HFH -CC closed on two homes
serving two families of three each. As of April 2008 HFH -CC has closed on 3 houses
serving two families of three each and one family of four. HFH -CC currently has three
houses under construction with a fourth to be started as soon as permits are issued. The
numbers of families being served is constantly on the rise as a direct result of increased
funding, community participation and the growing need of affordable housing among
needy families in our community.
HFH -CC Affiliate Operations Budget
January 1 -June 30, 2008
Expenditures
Salaries/Benefits $40,000.
Rent 600.
Telephone 2,400.
Utilities 780.
Insurance 1,500.
Advertising 500.
Fund Raising Expense 750.
Office Supplies 2,250.
Travel 500.
Postage 75.
Professional Fees 7,000.
Tithe 29,000.
Misc. 1,000.
$87,255.
Revenues
General Donations $11,000.
Capacity Building Grant 17,428.
Foundations 58,827.
HFH -CC 2008 Budget
January 1— June 30, 2008
Expenditures
ReStore $ 93,167.
Construction 325,000.
Affiliate Operations 87,255.
$505,422.
Revenues
General Donations $ 11,000.
Foundations/Grants 76,255.
Home sponsorships 276,000.
Mortgage Principal 37,000.
Homebuilding Donations 12,000.
ReStore Sales 93.167.
$505,422.
Financial Statements
of
HABITAT FOR HUMANITY
For the Period Ended March 31, 2008
See accountant's notes to financial statements.
HABITAT FOR HUMANITY
Balance Sheet
March 31, 2008
ASSETS
Current Assets
Cash General Fund - Frost $ 43,553.09
Cash Building Fund - Frost 26,436.41
Cash Escrow - Frost 32,035.76
Cash in Bank -I st Community 94,641.68
Cash Restore Fund - Frost 7,944.14
Cash -Construction Acct. -Frost 28,339.05
Rent - Security Deposit 2,800.00
Escrowed funds 93,701.3 8
1st Comm. Bank -Escrow -#23442 781.66
Inventory 106,255.01
Construction in Progress 114,316.49
Mortgage Loans Receivable 795.077.01
Total Current Assets $ 1,345,881.68
Fixed Assets
Fixed Assets -Lots
Fixed Assets- Building
Fixed Asset - Bldg Improvement
Fixed Assets - Machinery
Fixed Assets - Automobile
Fixed Asset -Resale Bldg. Lipan
Accumulated Depreciation
Total Fixed Assets
Other Assets
Total Assets
177,876.00
600.00
11,575.00
13,967.00
25,451.98
648,447.20
(16,480.00)
See accountant's notes to financial statements.
861,437,18
$ 2,207,,3.18.86
Current Liabilities
A/P - 4649 Cosner
N/P(CL)-RestoreProperty-Li pan
HfH Int'I Loan on Mortgage -St
Federal W/H Payable
FICA W/H Payable
FUTA Payable
Escrow funds -liability
Total Current Liabilities
Long Term Liabilities
HfH Intl Loan on Mortgage -Pr
NIP - Restore Property (Lipan)
Deferred Rev. -1510 S. 19th St.
Deferred Rev. -1507 Stillman
Deferred Rev.- 1502 S. 19th St
Deferred Rev.- 1506 S. 19th St
Deferred Rev. -1514 S. 19th St
HABITAT FOR HUMANITY
Balance Sheet
March 31, 2008
LIABILITIES AND EQUITY
141.02
4,332.95
416.34
414.54
207.70
346.47
93,701.38
17.43
393,750.31
18,596.22
20,472.98
10,372.19
15,130.83
17,921.11
99,560.40
Total Long Term Liabilities 476,261.07
Equity
Fund Balance - Undesignated
Fund Balance-Desig. T & I Esc.
Fund Balance- Design.Building
Fund Balance - Mortgage Loans
Fund Balance
Fund Balance - Temporary Rest.
Current Income (Loss)
483,131.10
11,678.00
75,533.00
646,531.29
41,150.00
287,120.54
86,353.46
Total Equity 1,631,497.39
Total Liabilities & Equity
See accountant's notes to financial statements.
$ 207,318,86
Revenue
Revenue
Revenue - Restore
Revenue -Donations (Restore)
Revenue- interest income
Revenue -Construction Acct.
Gain on Sale of Completed Home
Total Revenue
Cost of Sales
Restore - Cost of Goods Sold
HABITAT FOR HUMANITY
Income Statement
For the Period Ended March 31, 2008
3 Months Ended
Mar. 31, 2008
82,134.55
24,927.26
36,788.64
26.28
3,354.05
1,770.54
149,001.32
12,463.63
Total Cost of Sales 12,463.63
Gross Profit 136,537.69
Operating Expenses
Advertising 61.60
Auto & Truck Expense 180.00
Bank Charges 15.00
Credit Card Fees 60.79
Insurance 2,451.00
Job Supplies 2,396.70
Licenses and Fees 15.90
Office Expense 2,897.49
Professional Fees 3,200.00
Rent 500.00
Telephone 1,287.22
Suspense 156.00
Utilities 86.90
Repairs and Maintenance 721.38
Fuel 313.83
Meals & Entertainment 2,716.22
Miscellaneous Exp 312.00
Salaries & Wages 11,100.00
Travel Expenses 382.41
Payroll Taxes 937.96
Contributions 1,375.00
Restore -Advertising 331.50
Restore -Auto & Truck Expense 193.28
Restore -Contract Labor 1,550.61
Restore -Credit Card Fees 279.54
Restore -Fuel 199.38
Restore -Interest 7,972.79
Restore -Job Supplies 770.60
Restore -Office Expense 158.33
Restore -Repairs & Maintenance 2,040.52
See accountant's notes to financial statements.
3 Months Ended
Mar. 31, 2008
Restore -Storage 1,500.00
Restore -Other Taxes 1,560.87
Restore -Telephone 730.80
Restore -Utilities 1,728.61
Total Operating Expenses 50,184.23
Net Income (Loss) $ B6,353,4fj
See accountant's notes to financial statements.
Habitat
for H u iy°
Building houses in partnership With God's people in need
361-289-1740 • fax 361-289-1901
P.O. Box 3032 • Corpus Christi, TX 78463-3032
RFP ACKNOWLEDGMENT
To Whom It May Concern:
My name is Peggy Hopkins, President of the Board of Directors of Habitat for
Humanity—Corpus Christi.
In regards to the 4A Board 2007-2008 Affordable Housing Program, I am writing to
certify to you that Habitat for Humanity—Corpus Christi can and will meet all of the RFP
provisions as noted below.
HFH -CC is now and will continue to build affordable low-income houses meeting the
City of Corpus Christi Building Code, Texas State Board of Insurance Windstorm
requirements, FHA and VA requirements, and the new Federal Energy Code. Our lots
are now and will continue to be located in Zone C of the flood plain plan. Our house
plans now and in the future will be constructed for accessibility.
Even though our homes meet the FHA and VA requirements this would be non -
applicable to HFH -CC since we finance our own mortgages and the homeowner is not
allowed to sell the home for nine years.
Our mortgages will name the City of Corpus Christi as an additional insured and are
currently written as such when funds are used from the first time home buyer program.
Resp tfully,
mpg /9 ‘f,L;
Peggy Hopkins
President
Habitat for Humanity -Corpus Christi
New Construction Proposal
Habitat for Humanity—Corpus Christi proposes to build nine houses using the grant funds
and other donations from the community and from the home owners' monthly payments.
Each house constructed will be approximately 1,200 square feet depending on family
size. The number of bedrooms will be from two to three and the number of baths from
one to two again depending on family needs. The cost of each house will range from
$60,000 to $65,000. We are submitting two different styles of a three bedroom house.
Soon HFH -CC will have a set of plans for a two bedroom and a four bedroom house.
Those plans are currently being planned and donated by Richter & Associates.
The houses are to be built in the Corpus Christi Model Block Area. We are currently
building three houses in that area and have broken ground on a fourth.
HFH -CC plans to start the construction by October 1, 2008 and complete construction
December 31, 2011 building three houses per year.
We are requesting a grant in the amount of $360,000 to help in the construction costs
houses over the next three years. That would be $40,000 each for the nine households.
The balance of the funding will come from partnerships with individuals, churches,
businesses, community organizations, financial institutions, sales from the HFH ReStore
and the home owners' monthly payments. Some of our partnerships are with the
following:
Ms. Yvonne Morales Haag
City of Corpus Christi
The city has donated four fifty foot lots at a value of $7500.00 each. They have made a
commitment for approximately an additional thirty lots at a value of $7500.00 each.
These houses to be built will produce tax revenue for the community, thus impacting
economic growth and creating affordable housing.
Mark Gilbreath Attorney
Mr. Gilbreath prepares closing documents for our families that purchase a Habitat house.
He has also assisted in some legal areas pro bono. He has been a partner for three years.
Wes Hoskins
First Community Bank
Mr. Hoskins volunteered the services of First Community Bank. We needed a bank to
service our mortgage loans. They are currently servicing fifteen mortgage loans.
Mark Kading
Quantum Kopies
Mr. Kading has donated his printing company services over and over again. He has
always given Habitat a reduced price or totally donated the printing service. A partner
for five years.
Mr. Tino Vasquez
Scott Electric Company
He has committed to donate parts and labor for two houses per year. He has donated so
far this service on four houses.
Ms. Teri Foster
Consolidated Electrical Distributors
Ms. Foster has donated all lighting fixtures (inside and outside) for five houses.
Mr. Art Herrera
Pittsburgh Paints
Mr. Herrera has donated all paint both interior and exterior on the past seven homes built.
Mr. Charles Schibi
Apex Engineering and Consultants, Inc.
Donates all engineering work on all houses built.
Home Depot, Lowes, M&G Building Materials, and Otto Dukes Construction Supply
have all donated materials and sold materials to HFH -CC at deeply discounted prices.
Some of the home sponsorships have come from corporations such as Bank of America,
Reliant Energy, H.E.B., Wells Fargo, and Flint Hills Resources. Valero has committed to
build a home with construction to start this summer.
Recent church sponsorships have come from St. John's United Methodist Church and
First United Methodist Church.
HFH -CC recently broke ground on a house sponsored by the Corpus Christi Association
of Realtors and the Slingerland Family.
"Exhibit F"
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the followin information. Every question must be answered. If the question is not applicable, answer with QNAi7_
FIRM NAME:.�4/ 7;9 r �/
STREET. -Fe
D„?C .34090 CITY:..1e ?"S ji f,I isT/ ZIP: 7 SV -4-9
FIRM is: 1. Corporation
5. Other []
2. Partnership [ ] 3. Sole Owner [ ] 4. Association []
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest` constituting 3% or more of
the ownership in the above named "firm".
Name
Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of
the ownership in the above named "firm".
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter
related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the
above named 'firm".
Name Consultant
4'A9
CERTIFICATE
1 certify that alt information provided is true and correct as of the date Otis statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus
Christi, Texas as the es occur. M9P/f-/:;i,-.5 ,
Certifying Person:... !. Tdle:..z '!1/j����.
/i / (Tye or Print)
Signature of Certifying Person: `- r - Date' ii J49 - g k
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with Iocal governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 60th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
by a person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By Iawthis questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
J Name of person who h s a busines relationship with Iocal governmental entity.
Ad , r4r ie /24 #44. Tr y .4p ,e Ai,- AV .
J
FORM CIQ
OFFICE USE ONLY
Date Received
J
I
I Check this box if you are filing an update to a previously filed questionnaire,
I I (The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of local government officer with whom filer hasseepkeyaweetato bW,4,1?
usin ss relationship.
ece1e - yitair��
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
F1 Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the Iocal government officer named in this section AND the taxable income is not received from the local
governmental entity?
n Yes 111 No
C. Is the Ter of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director. or holds an ownership of 10 percent or more?
nYes
X1 No
D. Describe each employment or business relationship with the local government officer named in this section.
Sig g governmental entity Date
Signature of a on cin business +Eh the o
Adopted 06/29/2007
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Exhibit B
Project Eligibility Criteria
The City's 4A Board of Directors is requesting proposals involving the creation of
individually owned single-family housing units that qualify as affordable housing.
Affordable Housing:
Texas Revised Civil Statues, Article 5190.6, Section 3(c) includes promotion of the
development and expansion of affordable housing as defined by 42 USC 12745 as a
projects eligible for the expenditure of economic development sales tax funds (4a
funds). This Statute basically provides qualification or restrictions on housing to
assure that the housing retains the "affordable° characteristic:
Housing that is for homeownership qualifies as affordable if:
(1) The initial purchase price does not exceed 95% of the median purchase price
for the area, with adjustments for differences in the structure, such as single-
family, new or old housing;
(2) The home is the principal residence of an owner whose family qualifies as a
low-income family (determined at the time of purchase);
(3) The home is subject to resale restrictions to provide for resale to qualifying
persons with a fair return to the owner and investment made to make the home
affordable, and
(4) If the home is newly constructed, it meets energy efficiency standards.
(5) Rehabilitation of affordable housing would require that sufficient safeguards
be placed on the funding to assure that the housing remains affordable with the
definition of 42 USC 12745.
Proposals must be for affordable single-family home ownership units designed to
assist low and moderate income households. Persons assisted must be residents of
the City of Corpus Christi; and must meet the following HUD income guidelines:
FAMILY
SIZE
2
3
4
5
6
7
8
ANNUAL
INCOME
27000
30850
34700
38550
41650
44700
47800
Revised 3/21107 Income limits are established by HUD and are subject to change without notice
50900
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement") is entered
into between the Corpus Christi Business and Job Development Corporation
("Corporation") and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ("City Council"), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ("Board");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Habitat for Humanity -- Corpus Christi, Inc. ("Grantee") submitted a
proposal to the Board to request funds for a "New Home Construction Project";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
Page 1 of 3
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FYhihit R
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
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