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HomeMy WebLinkAboutC2007-036 - 1/16/2007 - NAFY06 HOME FUNDING AGREEMENT STATE OF TEXAS COUNTY OF NUECES GLENOAK APARTMENTS § KNOW ALL BY THESE PRESENTS: SECTION 1. PARTIES TO AGREEMENT (A) This agreement (°Agreement'j ~s made and entered into by and between the Cor- pus Christi Community Improvement Corporation, anon-profit corporation organized under the laws of the State of Texas (''CCCIC;"), and HCS 309, LLC, a Texas limited liability company; organized under the laws of the State of Texas and doing business as 9? ~ Glen.oak Apartments (°Glenoak ", (B The parties have severally and collectively agreed, and by the execution of this Agreement are bound, to the mutual obligations and to the performance and accom- plishment of the tasks described in 'his Agreement. SECTION 2. AGREEMENT PERIOD This Agreement commences on the date of execution by the CCCIC and terminates on February 28, 2008 unless as otherwise specifically provided by the terms of this Agree- ment. SECTION 3. GRANT FUNDS A? The CCCIC agrees to grant Glenoak $210,000 of federal HOME funds subject to the conditions in this Agreemen* ~B) Glenoak shah execute a covenant to bind the property for a period of years ".'Covenant of Affordability"} the terms of which are set out in this Agreement and in the samp~ which is attached to this Agreement as Exhibit A. The executed Covenant of Affordability will then replace the sample Exhibit A provided with this Agreement, the text of the executed Covenant of Affordability is then, by agreement of the parties, incor- porated ;n this document by reference, and the new Exhibit A will be recorded in the official deed records of Nueces County, The binding terms of the recorded Covenant of Affordability will be released upon Glenoak's completion of the terms and provisions ~;ontained in this Agreement `'007-036 01/16/07 ('(`('It SECTION 4. GLENOAK'S PERFORMANCE (A? The grant proceeds must be used by Glenoak to rehabilitate the building's roof, install storm windows over approximately 40% of the facility's 614 windows, and install wall-mounted security i~ghts within the facility. such facility being located on real property at 71 ~ Gienoak Drive. Corpus Christi, Nueces County, Texas ("Project"). (B Gienoak will continue to operate this property to provide housing to low and moderate income families These buildings and units are located in Corpus Christi, ~~exas (C; In this Agreement. low and moderate income families are defined in accordance with Title 24 CFR 92.2 and calculated based on 24 CFR 92.203(b)(1), ("Housing"), such buildings and dwellings to be located in Corpus Christi, Texas, as described in the pre- I~m~nary budget and construction schedule which is attached to this Agreement as Ex- hib~t B and which s incorporated in this Agreement by reference ("Budget and Construc- t!on Schedule" (D; Glenoak will administer the Project in accordance with all federal laws, rules, and regulations including, but not limited to, the HOME Investment Partnerships Act at Title (i of the i~ranstor~-Gonzalez Nat~onai Affordable Housing Act, as amended, 42 U.S.C. "2'01 et seq. and implementing federal regulations contained in 24 CFR Part 92; the HOME Program Guidelines and Application Package; and Exhibit C, entitled "Other Federal Requirements. which ~s attached to this Agreement and which exhibit's text is incorporated ir. this Agreement by reference (Ej Glenoak agrees to acknowledge the sponsorship of the CCCIC at any event pro- moting the project or ary other project sponsor. (F) Glenoak shall perform all activities in accordance with the terms of the assurances, certifications. and all other statements made by Glenoak in its application for the Project funded under this Agreement; and with all other terms, provisions, and requirements set forth in this Agreement SECTION 5. CGCIC'S OBLIGATIONS (A) in consideration of full and satisfactory performance of the activities referred to in Section ~? of this :Agreement, the CCCIC shall make payments under the grant for the actual and reasonable costs incurred by Glenoak during the Agreement period for per- formances rendered under this Agreement by Glenoak, subject to the limitations set forth in this Section 5 (B) It is expressly understood and agreed b~,~ the parties that the CCCIC's obligations under this Section 5 are contingent upon the actual receipt of adequate federal funds to meet the CCCIC's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, the CCCIC shall notify Glenoak in writing Page 2 of 18 within a reasonaole time after such fact is dE~termined, and the CCCIC shall then termin- ate this Agreement anC will not ba liable for failure to make payments to Glenoak under this Agreement C' The CCCIC shall rot be liable to grant Glenoak money for any costs incurred by Glenoak which are not allowable casts, as set forth in 24 CFR 92.206 and Section 7 of this Agreement Funds provided under this Agreement may not be used for payment of prohibited activ~t~es as defined in 24 CFR 9.214. ~DF The CCCIC shall riot be liable to grant Glenoak money for any costs incurred by the Glenoak or any performances rendered by Glenoak which are not strictly in accordance with the terms of this Agreement. iE) The CCCIC shall not be liable to grant Glenoak money for costs incurred or per- formar:ces rendered by GlenoaK before con-mencement of this Agreement or after termination of this Agreement. SECTION 6. DISBURSEMENT OF FUNDS (Ai The CCCIC will provide funds under this Agreement in accordance with the require- ments or 24 CFR 92.502. Glenoak may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. All work related to a request for disbursement will be inspected prior to disbursement of funds. Funds will be disbursed within ten {10) working days following completion of an inspection resul- ting in a favorable review and approval by representatives of the CCCIC. (Bj It ~s expressly understood and agreed by the parties that payments under this Agreement are contingent upon Glenoak's full and satisfactory performance of its obli- gations under this Agreement. The CCCIC reserves the right to recapture unexpended funds provided under this Agreement in the event the CCCIC determines that Glenoak will be unable to expend the funds ar any portion of the funds, within the prescribed time as determined by representatives of the CCCIC. SECTION 7. ADMINISTRATIVE REQUIREMENTS, COSTS PRINCIPLES, AND PROGRAM INCOME (Aj Glenoak must comply with all federal regulations including, but not limited to, appli- cable regulations under OMB Circular No. A-122 and the following requirements of 24 CFR Part 84 §§ 84.2, 84.5. 84.13 through 84.16; 84.26 through 84.28; 84.30; 84.31. 84.34 through 84.37, 84.40 through 84.48; 84.51; 84.60 through 84.62; 84.72; and 84.73 pursuant to 24 CFR 92505{bj (B} Glenoak shall adhere to and comply with the administrative procedures and re- porting requirements of the Performance Measurement System utilized by represen- tatives of the CCCIC it order to facilitate the collection and reporting of HOME-based funding data. Page 3 of 18 i ~; Gler,~oak shal maintain records of the rE~ceipt, accrual. and disposition of all Project and program income funds in the same manner as required for in Section 7(A) above fir all funds prov ded under this Agreement Glenoak shall provide reports of program income as requested b°, representatwes of the CCCIC and at the termination of this Agreement. (Dj Aii program income must be reinvested by Glenoak and applied towards housing initiatives for low and moderate income individuals and families including, but not limited to acquisition and rehabilitation of rental or home ownership projects. SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS (~?) Glenoak must establish and maintain those records listed under 24 CFR 92.508 and other records as may be determined by CCCIC. (B) Glenoak shall give representatives of the CCCIC, the Comptroller of the United States... or any other duly authorized representatives, access to and the right to examine all books.. accounts, records, reports. files and other papers, things, or property belong- ing to or in use by Glenoak pertaining to this Agreement. Such rights to access shall continue as long as the records are retained by Glenoak. Glenoak agrees to maintain such records in an accessible location. {C) All records pertinent to this Agreement shall be retained by Glenoak for five years following the date of termination of this Agreement or of submission of the final close- out report, whichever is later, with the following exceptions: if any litigation claim or audit is started before the expiration of the five-year period and extends bey°ond the five-year period, the records shall be main- tained until all litigation. claims or audit findings involving the records have been resolved 2 Records relating to real property acquisition shall be retained for the period of affordability required under 24 CFR 92.254 or 24 CFR 92.252 as applicable, plus five years 3 Records covering displacement anc acquisitions must be retained for at least five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled i~ accordance with 24 CFR 92.353. {D) Glenoak shall include the substance of this Section 8 in all subcontracts. {E) Gler:oak must provide citizens, public agencies, and other interested parties with reasonable access to this Agreement and other documents and records that directly pertain to this Agreement, consistent with the Texas Public Information Act, Texas Government Code. Chapter 55 Page 4 of 18 SECTION 9. REPORTING REQUIREMENTS (A Glenoak shall submit to the CCCIC such reports on the operation and performance of this Agreement as may be required by the CCCIC including, but not limited to, the reports specified in this Section 9 Glenoak shall provide the CCCIC with all reports necessary for the CCCiC's compliance with 24 CFR 92.509 and 24 CFR Part 92, Subpart ~_. (B) In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed by the parties hereto that, if Glenoak fails to submit to the CCCIC in a timely and satisfactory manner any report required by this Agreement, the CCCIC may.. at its sole option and in its sole discretion, withhold any or all payments ctherw~se due or requested by Glenoak, upon notice in writing of its decision and the reasons. Payments withheld pursuant to this section may be held by the CCCIC until the delrnquent obligations for w"ich funds were withheld are fulfilled by Glenoak. t"Cj Acknowledgment of Funding Source. Glenoak shall give credit to the CCCIC as the Project funding source in all presentations, written documents, publicity and adver- tisements regarding the Project SECTION 10. MONITORING The CCCIC reserves the right to from time to time, carry out field inspections to ensure compliance with the requirements of this Agreement. Glenoak shall attend a precon- struction meeting prior to the first construction draw. After each monitoring visit, the CCCIC shall provide Glenoak with a written report of the monitor's findings. If the moni- toring reports note defic+encies in Glenoak s performances under the terms of this Agreement, the monitoring report will include requirements for the timely correction of the defic,encies by Glenoak. Faslure by Glenoak to take the action(s) specified in the monitoring report may be cause for suspension or termination of this Agreement, as provided in Secticns 18 and 19 of this Agreement. SECTION 11. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that the CCCIC is con- tracting with Glenoak as an independent contractor, and that Glenoak, as such, agrees tc hold the CCCIC; harmless and to indemnify the CCCIC from and against any and all claims, demands, and causes of action of every kind and character which may be as- serted by any third party occurring or in any way incident to, arising out of, or in connec- tion with the services to be performed by Glenoak under this Agreement. SECTION 12. INDEMNIFICATION (A) Glenoak agrees that it shall indemnify the CCC/C and its directors, officers, employees, representatives, and agents (collectively, "Ind~mnitees") and hold the Indemnitees harmless of, from, and Page 5 of 18 against al! claims, demands, actions, damages, losses, costs, liabili- ties, expenses, and judgments recovered from or asserted against the Indemnitees on account of injury or damage to persons or property to the extent any damage or injury maybe incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence or misconduct on the part of Glenoak or any of its agents, servants, employees, contractors, patrons, guests, licen- sees, or invitees entering upon the Project being improved pursuant to this Agreement or when any such injury or damage is the result, proximate or remote, of the violation by Glenoak or any of its agents, servants, employees, contractors, patrons, guests, licensees, or in- vitees of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the acquisition, rehabilitation, modification, or construction at the Project or out of the use or occupancy of the Project by Glenoak, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees including, without limitation, any damages or costs which may occur as a result of the design of the rehabilitation, modification, or construction of the Project, the bidding process, actual rehabilita- tion, modification, or construction of the Project, administration of the construction contracts by Glenoak, the City of Corpus Christi, or the CCCIC or its designee, failure of the Project prior to completion and acceptance of the rehabilitation, modification, or construction by Glenoak, failure of the rehabilitation, modification, or construction of the Project to work as designed; failure of any contractor, subcon- tractor, or manufacturer to honor its warranties, or failure of Glenoak to maint~irt the Project. (B) These terms of indemnifications are effective upon the date of final execution of this Agreement and whether the injury or damage may result from the sole negliqence, contributory negliqence, or concurrent negliqence of Indemnities, but not if the damage or injury may result from the gross negliqence or willful misconduct of Indem- nitees, (C) Glenoak covenants and agrees that, should the Indemnitees or any of them individually be made a party to any litigation against Glenoak or in any litigation commenced by any party relating to this Agreement and the construction or rehabilitation of the Project coni~mp/ated under this Agreement, Glenoak shall and will pay all Page 6 of 18 costs and expenses, including reasonable attorneys' fees and court costs incurred by or imposed upon the lndemnitees by virtue of any such litigation, (D) Glenoak, for and in consideration of the lndemnitees' participation in this Agreement, hereby agrees and covenants that Glenoak will never institute any suit or action at law against the lndemnitees re- lated to the performance by any party under this Agreement nor insti- tute, prosecute. or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, expenses, or compensation related to the performance by any party under this Agreement, whether or not caused by the negligence of lndemnitees. SECTION 13. SUBCONTRACTS A; Except for subcontracts to which the federal labor standards requirements apply, Glenoak may not subcontract for performances described in this Agreement without ob- tain~ng CCCICs prior written approval Glenoak shall only subcontract for perfor- mances described an this Agreement to which the federal labor standards requirements apply after Glenoak has submitted a Subcontractor Eligibility form, as specified by the CCCIC for each such proposed subcontract. and Glenoak has obtained the CCCIC's prior written approval, based on the information submitted, of Glenoak's intent to enter into such proposed subcontract Glenoak, in subcontracting for any performances de- scribed in this Agreement, expressly understands that, in entering into such subcon- tracts, the CCCIC ~s not in any manner liable to Glenoak's subcontractor(s). ;8;~ In nc event may an~r provis~an of this Section 13, specifically, the requirements that Glenoak obtain the CCCiC s prior written approval of a subcontractor's eligibility, be construed as relieving Glenoak cf the responsibility for ensuring that the performances rendered under all subcontracts are renderer so as to comply with all of the terms of this Agreement, as if su~~h performances rendered were rendered by Glenoak. The ~:~CCICs approva~ of a subcontractors eligibility under this Section 13 does not con- stdtute adoption, ratification. or acceptance of Glenoak's or the subcontractors per- `ormance The act of approval o* a subcontractors eligibility under this Section 13 does not waive any right of action which may exist or which may subsequently accrue to the {~;CCIC under this Agreement. ? ~e CCCIC rectains at all times the right to insist upon c"~ienoak ~ full compliance with tha terms of this Agreement. f:C) Glenoak shat compry with ail applicable i'ederal, state, and local laws, regulations, and ordinances when making procurements under this Agreement. Page 7 of 18 SECTION 14. CONFLICT OF INTEREST Glenoak shall ensure that no person who (• is an employee, agent, consultant, officer or elected or appointed official of Glenoak that receives funds and who exercises or has exercised any functions or responsibilities w°th respect to activities assisted with funds provided under this Agreement or (2j who is in a position to participate in a decision making process or gain inside ~r:.formation with regard to such activities may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an inter- est in an/ agreement. subcontract, or contract (or the proceeds thereof) with respect to a HOME assisted activity either for themselves or those with whom they have family or business ties. during their tenure or for one year thereafter. Glenoak shall ensure compli-ante with applicable provisions unde ~ 24 CFR 92.356 and OMB Circular A-110 in the procurement of property and services SECTION 15. NONDISCRIMINATION lA) Glenoak shall ensure that no person shall on the grounds of race, color, religion, sex. age. handicap, familial status, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under this Agreement. (B) In addition. funds provided under this Agreement must be made available in accor- dance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (~ 2 U.S C ~ t 70u ~ such that: T~c the greatest extent feasible, opportunities for training and employment arising in connection with the punning and carrying out of any Project as- sisted with HOME funds provided under this Agreement be given to low- inccme persons residing with the general local government area or metro- politan area or non-metropolitan county in which the project is located; and 2. To the greatest extent feasible; agreements for work to be performed in connection with an,y such Project be awarded to business concerns, in- cluaing but not limited to, individuals or firms doing business in the field of planning, .~;onsulting, design, architecture, building construction, rehabili- tat~on maintenance, or repair. which are located in or owned in substantial part by persons residing in the same metropolitan area or non- metropolitan county as the Project. SECTION 16. LEGAL AUTHORITY (A} Glenoak assures and guarantees that Glenoak possesses the legal authority to enter into this Agreement, receive funds authorized by this Agreement, and to perform the services Glenoak has obligated itself to perform under this Agreement. Page 8 of 18 13? The person :~r persons signing and executing this Agreement on behalf of Glenoak, or representing t`,emselves as signing and executing this Agreement on behalf of Glenoak.. do hereby warrant an~~ guarantee that he, she, or they have been duly authorized by Glenoak to execute this Agreement on behalf of Glenoak and to validly and legally bind Slenoak to all terms. performances, and provisions in this Agreement. (C Glenoak shall not employ. award contract to, or fund any person that has been debarred, suspended. proposed for debarment. or placed on ineligibility status by the t1 S. Department of Housing and Urban Development. In addition, the CCCIC shall have the right to suspend or terminate this Agreement if Glenoak is debarred, sus- pended. proposed for debarment, or is determined to be ineligible from participating in the HOME Program SECTION 17. LITIGATION AND CLAIMS Glenoak shall give the CCCIC ~rnmediate notice in writing of: {i) any action:, including any proceeding before an administrative agency filed against Glenoak in connection with this Agreement; and {ii) any claim against Glenoak, the cost and expense of which Glenoak may be entitled to be reimbursed by the CCCIC. Except as otherwise directed by the CCCIC.. Glenoak shall furnish immediately to the CCCIC copies of all pertinent papers received by Glenoak with respect to such action or clai~r SECTION 18. CHANGES AND AMENDMENTS (A) Except as specifically provided otherwise in this Agreement, any alterations, addi- tions, or deletions to the terms of this Agreement must be made by amendment to this document in writing and executed by both parties to this Agreement. Modifications which do not change the essential scope anti purpose of this Agreement may be approved on behalf of the CCCIC by the General Manager. tB) It is understood and agreed by the parties to this Agreement that performances under this Agreement must be rendered in accordance with the HOME Investment Partnership Act of 1996 (the ``Act') 42 U.S.C. §§12701 et. seq., the regulations pro- mulgateG under the Act the assurances and certifications made to the CCCIC by the Glenoak; and the assurances and certifications made to the United States Department of Housing and Urban Development by the CCCIC with regard to the operation of the HOME Program. Based on these considerations,, and in order to ensure the legal and effective performance o{ this Agreement by both parties, it is agreed by the parties that the performances under this Agreement are amended by the provisions of the HOME Program-. and any amendments thereto and may further be amended in the following manner The Department of Housing and Urban Development may from time to time during the term of this Agreement establish, interpret, or clarify performance require- Page 9 of 18 ments n-andatec :ande this Agreement. The policy directives promulgated in the form o~ HOME Issuances shall have the effect of modifying the terms of this Agreement and shall be binding :apon the Glenoak. as if written and included in this Agreement; pro- vided. however that said policy directives and any amendments shall not alter the terms o~ this Agreement so as to release the CCCIC of any obligation specified in Section 6 of this Agreement to reimburse costs incurred by the Glenoak prior to the effective date of the amendments ~~r poiicy directives (C ~ Ar~y alterat~cns, additions.. r>r deletions t~ the terms of this Agreement which are required by changes in federal law or regulations are automatically incorporated into this Agreement without written amendment and shall become effective on the date desig- nated by the law ar regulation The CCCIC ~r Glenoak may require written changes or amendments to this Agreement when any substantial alterations, additions, or deletions t the rums of tris Agreement are required by changes in federal law or regulations. (D Glenoak has provided an estimated Project Budget and Construction Schedule based upon the proposed construction listec above, which budget and schedule will be attached to this Agreement and made a part of this Agreement for all purposes as Ex- hib~t B Ten days prior to aware of any funds pursuant to this Agreement, Glenoak will provide a finalizea Budget and Protect Implementation Schedule, which includes a sched~,le of costs of completion. and a schedule of completion for the various aspects of construction of the Protect which will be substituted for the then existing Exhibit B and which will become Exhibit B of this Agreement for all purposes. SECTION 19. SUSPENSION In the event Glenoak fails to comply with any terms of this Agreement, the CCCIC may, in accordance with 24CFR 85.43 and upon written notification to Glenoak, suspend this Agreement in whole or ~n part and withhold further payments to Glenoak, and prohibit Glenoak from incurring additional obligations of funds under this Agreement. SECTION 20. TERMINATION The CCCIC may terminate this Agreement. in whole or in part, in accordance with 24 CFR 85.43 and this Section 20 The CCCIC may terminate this Agreement for con- venience in accordance with 24 CFR 85.44. In the event Glenoak materially fails, as determined by the CCCIC. to comply with any term of this Agreement, whether stated in a federal statute or regulation, an assurance, in a State plan or application, a notice of award. or elsewhere,. the CCCIC may take one or more of the following actions: 1 Temporary withhold cash payments pending correction of the deficiency by Glenoak or take more severe enforcement action against Glenoak. Z Disallow all or part of the cost of the activity or action not in compliance. Page 10 of 18 3 Wholly .r partly suspend or terminate the current award for Glenoak's Pro~ec ~~ Withheld further HOME awards from Glenoak. 7 Take other remedies that may be legally available. Additionally, this Agreement may be cancelled upon athirty-day notice of cancellation upon mutual agreement of the parties: prior to the receipt of any portion of the funds by Glenoak SECTION 21. AUDiT (Aj Unless otherwise directed by the CCCIC, Glenoak shall arrange for the perfor- mance of an annual financial and compliance audit of funds received and performances rendered under this Agreement subject of the following conditions and limitations: Glenoak shall have an audit made in accordance with 24 CFR 92.506, 24 CFP, Part 44. or OMB Circular f~-133 for any of its fiscal years included within the Agreement penod specified in Section 2 of this Agreement in which Glenoak receives more than $300.000 in federal financial assistance provided by a federal agency in the form of ~~rants, agreements, loans, loan guaran- tees. property.. cooperative agreements, interest subsidies, insurance or direct appropriations, but federal financial assistance does not include direct federal cash assistance to individuals. The term includes awards of federal financial assistance received directly from federal agencies, or indirectly through other units of state and local governmen- At the option of Glenoak, each audit required by this section may cover either Glenoak s entire operations or each department, agency, or establishment of Glenoak which received, expended or otherwise administered federal funds. .~ Notwithstanding Section 5(aj(4j, Sf~ction 5(a)(5), and Section 6 of this Agree- ment. Glenoak may utilize funds budgeted under this Agreement to pay for that portion of the cost of such and services properly allocable to the activi- ties funded by the CCCIC under this Agreement; provided, however, that the CCCIC shall rot make payment for the cost of such audit services until the CCCIC has received such audit reK>ort from Glenoak. ~ Unless otherwise specifically authorized by the CCCIC in writing, Glenoak shall submit the report of such audit to the CCCIC within thirty (30) days after completion of the audit. but no later than one (1) year after the end of each federal fiscal period included within the period of this Agreement. Audits performed under subsection A of this Section 21 are subject to review and resolution by the CCCIC or its auth~~rized representative. Page 11 of 18 As par. of its audit. Glenoak shall lerify expenditures according to the Budget and Gc~rstruc:aion Sc~'edule attached and incorporated as Exhibit B. (B Notwithstanding subsection A ~f this Section 21, the CCCIC reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under tn~s Agreement Glenoak agrees to permit the CCCIC or its authorized representative to audit Glenoak s records and to obtain any documents, materials, or information necessary to facilitate such audit. Should an audit not be required by sub- section h of this Section 21 Glenoak shall provide an annual audit to the CCCIC of funds received ir. performance ~?f thrs Agreement. C) Gler:oak understands and agrees that it shall be liable to CCCIC for any costs disallowed pursuant to `inancial and compliance audit(s) of funds received under this Agreement. Glenoak further understands and agrees that reimbursement to the CCCIC of such disallowed costs shall be paid by Glenoak from funds which were not provided cr otherwise made available to Glenoak under this Agreement. iD) Glenoak shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Section 21 as the CCCIC may require of Glenoak. E) Ali approved HOME audit reports shall be made available for public inspection within ~ G days after completion :~f the audit SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS Aj Glenoak understands agrees that.. by the execution of this Agreement, it shall assume the responsibilities for environmental review, decision making, and other actions in accordance with and to the extent specified in 24 CFR 92.352 and 24 CFR, Part 5~? SECTION 23. LABOR STANDARDS All laborers and mechanics employed in the rehabilitation of a project assisted under this Agreement that contains 12 or more dwelling units shall be paid wages at rates as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.G. §276a-5), and contracts involving their employment shall be subject to the applicable provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. ~§327-333). Construction contractors and subcontractors must comply with regulations issued under these acts and with other federal laws and regulations pertaining to labor standards and HUD Handbook ' 34~ 1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. SECTION 24. SPECIAL CONDITIONS ,At Release of Funds. The CCCIC shall not release any funds for any costs incurred by Glenoak under this Agreement until the CCCIC has received certification from Page 12 of 18 Glenoak that its {iscai control aid f.~nd accounting procedures are adequate to assure the proper disbursal of and acc~;unting for funds provided under this Agreement. The CCCIC; shall specify the content and form of such certification. (Bj Affordability Requirements Funds provided under this Agreement must meet the affordability requirements of the federal HOME rules for a period of five (5) years from the date of completion ~~f the rehabilitation, such date of completion presently unknown but ant;cpated tc be nc later than February 2.8; 2008. Furthermore, at least 20% of the units rehabilitated with `ands received under this Agreement must meet federal Section 8 Low Rent limits estak fished by federal law. if applicable to this Project. Glenoak agrees to repay al! HOME funds governed by this Agreement if the Project fails to com- ply or ceases to comply with the affordability requirements set forth in this Agreement and by federal acv The affordability requirements must continue to be met throughout the term of the Agreement and are binding upon the successors, assigns, and trans- ferees ~~f the Project as required by 24 CFR 4~2 254 ;C) Housing Quality Standards Glenoak shall ensure that all parts of the Project assisted with funds provided under this Agreement shall meet the requirements of 24 CFR 9~' 251. (Dj Affirmative Marketing. If required by the CCCIC, Glenoak shall adopt and submit for the Cc;CIC s approval affirmative marketing procedures and requirements not later than 30 days after the date this Agreement is executed. The affirmative marketing pro- cedures and requirements shall :nclude, but need not be limited to, those specified in 24 CFR 92 351. The CCCIC will assess the efforts of Glenoak during marketing of the units by use of compliance certification or personal monitoring visit to the Project at !east anr:ually 1~4'here Glenoak fails to follow the affirmative marketing requirements, corrective actions shall include extensive outreach efforts to appropriate contacts to achreve tie occupancy goals or ;ether sanctions the CCCIC may deem necessary. Glenoak must provide the CCCic, with an annual assessment of the affirmative mar- keting program of the Project and its associated development. The assessment must include Method used to inform the public and potential homebuyers about federal fair housing laws and affirmative marketing policy. Glenoak's advertising vacant units must include the equal housing opportunity logo or statement. Adver- tising media must include newspaper, radio; television, brochures, leaflets, or may involve simply a sign in a window Glenoak may wish to use community organizations. places ~~?f worship, employment centers, fair housing groups, housing counseling agencies. social service centers or medical service centers as resources for this outreach. Records describing actions taken by Glenoak to affirmatively market units and records to assess the results of these actions. Glenoak must maintain a file containing all marketing efforts (i.e copies of newspapers ads, memos of Page 13 of 18 phone calls copies a~ letters.. etc. to be available for inspection at least annua?I~y by the GCCiC Glenoak shad sclicit applications for vacant units from persons in the housing marker who are least likely to apply for the rehabilitated housing without benefit. of special outreach efforts. In general, persons who are not of the race ethnicity of the residents of the neighborhood in which the rehabilitated building is location shall be considered those least likely to apply. 4 Glenoak shall maintain a listing of all homebuyers residing in each unit through the end of the compliance period. {F} Reversion of Assets. Upon termination of this Agreement, all funds remaining on hand on the date of termination and all accounts receivable attributable to the use of funds received under this Agreement revert to the CCCIC. Glenoak shall return these assets tc the CCCIC within seven r~, business days after the date of termination. {G Enfarcemen~ of Agreement Glenoak shall provide the CCCIC with a legally en- forceable Covenant of .Affordability. meeting the requirements set out in the sample Exhibit A, of this Agreement., in order to enforce the affordability requirements of sub- section E3 of this section 24 Glenoak shall record the Covenant of Affordability in the real property records efi the county where the Project is located and return the original document, duly certified as to recordation by the appropriate county official, to the CCCIC tivithin two business days of the final execution of this Agreement. (H) Flood Insurance. Funds provided under this Agreement may not be used in con- nection with acquisition or rehabilitation of a development located in an area identified by the i=ederal Emergency Management Agency (FEMA) as having special flood hazards.. unless the locality in whic" the site is located is participating in the National Flood Insurance Frogram (ij Displacement, Relocation, and Acquisition. Glenoak must ensure that it has taken al! reasonable steps to minimize the displacement of persons (individuals, families, and business and nonprofit organizations} as a result of a project assisted with funds pro- vided under this Agreement. Glenoak must comply with the applicable provisions of 24 CFR 9~? 353. SECTION 25. INSURANCE (A) Liability Insurance. Glenoak shall have .n force throughout the term of this Agree- ment comprehensive general liability insurance coverage with apersonal/bodily injury endorsement in the minimum amount of $50~J,000 per person/$1,000,000 per occur- rence and $100.000 for property damage arising out of each occurrence. The compre- hensive general liability shall include a Contractual Liability endorsement. The insur- ance policy must name the CCCIC as an additional insured. A certificate to that effect must be provides *.o the CCCIC at least ten (10) days prior to start of construction. Page 14 of 18 :'Bl Fare and Extended Coverage Glenoak ;hall have in force throughout the term of this Agreement fire and extended coverage ;nsurance in an amount sufficient to cover the replacement post o{ the Protect The insurance policy shall name the CCCIC as loss payees using a standard loss payee clause A certificate to that effect must be provided to the ~~.CCIC prior to the commencement of construction or rehabilitation of the Prciect ~;C) Notice to CCCIC. Glenoak shall require its insurance policies to provide that the General Manage( of the CCCIC shall be given thirty (30) days advance written notice by the insurer prior to cancellation. nonrenewal. or material change of the insurance policies required by this Section 25 The insurer utilized by Glenoak is subject to ap- proval of the CCCIC Failure tc maintain such insurance will be cause for the CCCIC to take control of the Protect funds and will cancel any claim that Glenoak may have to the use of the Project or the Project funds. (D) Glenoak shall provide the CCCIC with certificates of insurance reflecting all the stated coverages and shall. upon request of the CCCIC. promptly provide the CCCIC with copies of all such insurance policies. ~:E) Right to Re-evaluate and Adjust Limits. The CCCIC, through its General Manager or his designee. retains the right to re-evaluate the insurance requirements and adjust the coverage limits, up or down. upon thirty (30) days written notice to Glenoak. Insur- ance coverage limits may not be adjusted more frequently than once per year. SECTION 26. ORAL AND WRITTEN AGREEMENTS (A} All oral and written agreements between the parties to this Agreement, relating to the subject matter of this Agreement. that were made prior to the execution of this Agreement have been reduced to writing and are contained in this Agreement. (B) The attachments enumerated and denorninated below are made a part of this Agreement and constitute promised performances by the Glenoak in accordance with this Agreement Exhibit A Sample Covenant of Affordability Exhibit B Budget and Constructior Schedule °~ Exhibit C. Other Applicable Laws and Regulations ~. Exhibit D. Certifications Page 15 of 18 SECTION 27. JURISDICTION AND VENUE By agreement cf the parties; the laws of the State of Texas apply to any dispute arising under this Agreement. For purposes of litigation pursuant to this Agreement, venue lies in Corpus Christi. Nueces County, Texas, where this Agreement was entered into and will be performer SECTION 28. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Glenoak shall comply with all federal, State, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any court, administrative body, or tribunal related to the activities and performances of Glenoak under this Agreement. Upon request by the CCCIC; Glenoak shall furnish satisfactory proof of its compliance with this section ;~x the agreement. SECTION 29. REMEDIES It ~s expressly understood and agreed by the parties to this Agreement that any right or remedy provided for in this Section 29 or in any other provision of this Agreement will not act to preclude the exercise of any other right or remedy provided under this Agreement or under any provision of law, no- shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy under this Agreement does not constitute a waiver of the right tc exercise that or any other right or remedy at any time. (EXECUTION PAGES FOLLOW) Page 16 of 18 Executed in duplicate originals this day o~,_'~~~:L~t(~-y~'''~ , 2007. ~` ;j ATTEST Corpus Christi Community Improvement Corporation ~~~ --~ - --- Armando Chapa Secretary eo K. Noe General Manager ACKNOWLE=DGMENTS STATE ~JF TEXAS s § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ ;.~ ~" This instrument was acknowledged before me on the day of ~`~'`~'` , 2007, by George K. Noe, General Manager of the Corpus Christi Comm it Improv ent Corporation, or behalf of the corporation. ,~,.,t,~ { .~ ~;~ ~ ~' ,OTARY PUBLIC, State of Texas ...~ sEC~fr Page 17 of 18 By; HCS 309, LLC, a Texas limited liability company, doing business as 911 Glenoak Apartments By: Housing and Community Services, Inc., a Texas nonprofit corporation, as sole member of HCS 309, LLC __ __. Executive Director ~ ~;~~.L~ ~ `: ANDS°- ~'- °~ ~° ~ L, ~r+r O ~rZ~a~ Date ACKNOWLE=DGMENTS STATE OF TEXiaS ~ § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES This in,.~~trument was acknowledged before rr~e on the oZ~" day of ~ L~.n~ni , 2007 by ~mQld ~ ~Y"~~GY~~ _. as Executive Director of Housing and Community Services, Inc.. a Texas nonprofit corporation, as the sole member of HCS 309, LLC;, a Texas limited liability company, on behalf of the company. ~ ~S :ry t'ut~c St8[~ ~~ ~,, •^T `a Gx-~mi sign F ~n-• ~7"~~ NOTARY PUBLIC, State of Texas Page 18 of 18 EXHIBIT A COVENANT TO BIND PROPERTY FOR PERIOD OF AFFORDABILITY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Pursuant to an agreement entered into between the Corpus Christi Community Improvement Corporation {"CCCIC'l and HCS 309, LLC, doing business as 911 Glenoak Apartments {°Glenoak"}, executed January 2~, 2007, which is incorporated in this Fnstrument by reference + `Agreement' ), Glenoak accepted federal funds, in con- junction with the United States Department of Housing and Urban Development's Home Investment Partnership Program {`'HOME Program'} administered by the CCCIC, for rehabilitation of the following property: Lot ? . Black A, of Waldron Heights Subdivision, a subdivision in the City of Corpus Christi; Nueces County, Texas, as shown by the map or plat of record found in Volume 37, page 158. of the Map Records of Nueces County, Texas; and being 5.861 acres, more or less, out of Lots 7 and 8, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, in Nueces County.. Texas, as shown by the map recorded in Volume A. Pages 41-43, of the Map Records of Nueces County; Texas, and commonly known by its street address of ?~ 1 Glenoak Drive. located in Corpus Christi, Nueces County. Texas (hereinafter referred to as the 'Property"). Pursuant to the terms, conditions. and covenants contained within the Agreement, as owner of the Property and in consideration of receiving the funds, Glenoak agrees to bind the Property with the affordability requirements specified in Title 24 Part 92.252, of the United States Code of Federal Regulations, for a period of not less than five {5' years from the date of completion of the rehabilitation project on the Property.. such date of completion presently unknown but anticipated to be February 28, 2008 This instrument constitutes a covenant running with the land and binds all successors, assigns, and transferees of the Property. such Property being subject to this instrument HCS 309, LLC, doing business as 911 Glenoak Apartments By: Housing and Community Services, Inc., as sole member of the company - °~:.a ~- "~-~` __ zf- ~_ ~®t _ _ ~- Title: ~~:a,4 :. N"~~~ . , STATE OF TEXAS § COUNTY OF NUECES § Su cribed to and sworn before me this ~~day of _~~~~i' , 2007, by ___ /~( ~. ~d~'~ljn _ ,Executive Director of Housing and Community Services; Inc., a Texas nonprofit corporation, as the sole member of HCS 309. LLC. a Texas limited liability company. on behalf of the company. ki Le.'L/y. ~i ., :. p-~4~rY Pu3~ ,~~, ~,:~.. Notary Public, State of Texas AFTER RECORDING RETURN TO ATTN~ Community Development Administrator Corpus Christi Community Improvement Corporation F'. O. Box 9277 Corpus Christi.. Texas x'8469-9277 F~' 2006 HOME Funds Glenoak Apartments Rehabilitation Scope The property is :n need of repairs due to its age (approximately 30 years old). The rehabilitation scope covers three items, remaining roofs, installing storm windows over each and every window, and installing wall mounted security lights. The project will be completed in two phases based on funding. PHASE ONE - FY 2006 Home Funds Replace Five Remaining Roofs: $100,000 Five of the ten buildings need new roofs. The five worst roofs and the largest roofs have been replaced with funds from the previous owner at a cost of $113,741. The remaining five roofs are estimated to cost. $100,000. Installation of Storm Windows: $85,300 There are 6l4 windows on the property. In phase one, we will install approximately 40% of the windows at an estimated cost of $85,300. Costs Related to Project $24,700 Costs include expenses for plans and specifications, bidding the project, inspecting engineer, attorney fees, housing consultant fees, and title/recording fees. EXHIBIT B Page 1 of 2 PRELIMINARY BUDGET 8~ CONSTRUCTION SCHEDULE FY and Funds Program: FY2006/ HOME Project Name: GLEN OAK APARTMENTS PHASE I Organization: HCS 309, LLC (TG 110, Inc. -Sole Member) Total Project Cost: 210 000 PREL,IMIN~-RY BUDGET Project Financial Resources: (Funds available to complete your project) AMOUNT • Fund A ......... $ 0 .... ... ... • Fund B . ... .. $ 0 • FY 2006 HOME Funding .... . .. ................ $ 210,000 • Other... (Specify) ........... . .. ...... . .. _ .......... $ 0 TOTAL FUNDS AVAILABLE FOR PROJECT ........ ... ........ .......... $ 210,000 F.~timd Expenses: LList estknated expenses to complete your groiect such as: AMOUNT • Acquisition $ 0 • Advertising, Printing, Etc. ........... $ 0 • A/E Professional Fees .. _.... ...... $ 11,900 • Construction Cost.. .. ........ $ 170,000 • Contingencies .. .. $ 10,200 • Other (Specify) ..Housing Consultant / C>osing Costs Legal. $ 17,900 TOTAL PROJECT COST.......... ......... $ 210,000 (Funds ceded for the Project} NOTE. The "total funds available for the project" shall be equal to the "total groiect cost." PRE,f~IMIl~RY CONSTRUCTION SCHEDULE (Projected dates for completion of key project phases) PROJECTED DATE • Land Acquisition(if applicable) .......... .... .... .. .. ... 01/12/2005 • Selection of Architect/Engineer (A/E) services ...... ........... 02/09/2005 • Selection of Housing Consultant 02/09/2005 • Design and Bid Documents completed... .......... .... ....... 08/01/2006 + Award Bid and Construction Contract ... ........ ........... 12,/04/2006 • Commencement of Construction..... ......... ............ 0112007 + Construction at 100% Completion .. .......... ....... ....... 02//2008 EXHIBIT B Page 2 of 2 EXHIBIT C {)THER FEDERAL REQUIREMENTS ~_~enoak shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Glenoak under this Agreement including, but no~_ limited to, the laws and the regulations specified in Sections I through \'1 of this Exhibit r_', as`ollows t'iVIL RIGHTS The Fa?r Housing ~1ct (~~ U.S.C. ~~601-20) and implementing regulations at 24 CFR Part 100; Executive Order v ',~ 06 ~, as amended b~~ Ixecutiv~~ Order 12259 (3 CFR, 1958-1963 Cornp., p 652 an<? 3 CFR, l y80 Comp., p. ~0?) r Equal Opportunity in Housing) and implementing regulations at 24 CER Parr 10?; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (?nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 C l~ R Part ': Executive Order, -063. as amended by Execrative Order 12259, and 24 CFR Part 107, '"nondiscrimination and Equal t)pportunity in Housing under >=xecutive Order 11063." The failure or refusal of Glenoak to comply with the requirements of Executive Order l 1 X63 or 24 CFR Part 1 ~)7 shall he a proper basis for the imposition of sanctions specified in 24 CFI~Z l0~".60: I~he prohibitions against discrimination on the basis of age under the Age Discrimination Aet of q?5{42 1;.5.C_ ~ 101-OTI and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 197:, (2y U.S.C. 194) and implementing regulations at 24 CFK Purr 8; The requirements of Executive t)rder 1 1246 (~ CFR 1964-65, Comp., p. 339) (Equal Emplo~m?ent Opportunity) and the inaplememing regulations issued at 41 CFR Chapter 6(~; The requirements of Executive ~ ~rrders 1 1625 and 12432 (concerning Minority Business Enterprise), and 1~ 138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities corder these Orders, each applicant must make efforts to encourage the use of minority and women's business enterprises in connection with HOMh, funded activities. Glenoak must prescribe procedures acceptable to the CCCIC to establish activities to ensure the inclusion, to ~~he maximum extent possible, of minorities and women, and entities owned by minorities and women. Glenoak will be required to identify contracts which have been hid by minority owned, women owned, and by small disadvantaged hr.r:~iness~~s; EXHIBIT C Page 2 of 3 The. Age Discritrination Act off 97> (42 t.S.C. ~~6101 et seq.); and Section X04 of the Rehabilitation =1ct of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based yr Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urhan Development', at 24 CFR fart 8. By signing this Agreement, Glenoak understands and agr;,r~s that the activities funded herein shall be operated in accordance with 24 CFR Part 8; ar,d the Architectural Barriers Act ~~f 1968 (42 ~~.S.C. Section 4151 et. seq.), including the use of a telecommunications dez-ice for deaf persons (TDDs) or equally effective cornm~.tnication system l 1. I_ I:AD-I3;'~SED l'A1N T r~ itle I~' of the lead-Based Paint Poisoning 1='revention Act (42 U.S.C. Sec. 4831). III. FtiVIRO?~1MEti TAL S I AI~DARDS Environmental Review Procedures for Title [Community Development Block Grant Programs, 24 CFR Part 58. as amended in 47 Fed. Reg. 15750 (April 12, 1982); 'rational Environmental Polic} Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR Parts I S00-I X08: The National Historic Preservation Act of l 966 (16 U.S.C. Sec. 470 et. seq.) as amended; particularly Section 10(16 U.S C. Sec. 470f1~ Executi~ e Order l I ~9 , Protection and Enhancement of the Cultural Environment, May I ~, 19~ l (36 Fed. Reg. 8921), particularly Section 2(c); ~hhe Reservoir Salvage Act of r 960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (I 6 U.S C. Sec. -1fi9a-1 `~. as amended by the Archeological and Historic Preservation Act of 197-~: Flood Disaster Protection Act. of 197, 1:42 l'.S.C. Sec. 4001 et. seq.) as amended, particularly Sections 102(a) ane~i 20?(a) (42 t_'.S.C. Sec. 4012a (a) and Sec. 4106(a)); Executive Order 11988_ Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a ); EXHIBIT C Page 3 of 3 Exeeuttve Order l 1990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; 7"he C~~astal 7,one Management Act of 197: (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 30~'(c) and {d) ~ 16 U.S.C. Sec. 1456(e) and (d)); The Safe Drinking Water Act of 1974 (~2 I; S.C. Sec. 241. 3000 et seq.) and (21 U.S.C. Sec. 3491 as amended. particularly Section 1124 (e) (42 U.S.C. Sec. 300h-303(e)); ~hhe F~ndangered Species Act of 1973 (lt~ U.S.C. Sec. 1531 et seq.} as amended, particularly Section 7 (~ 6 U.S.(~ Sec l X36 ); The ~ ild and Scenic Rivers .pct of 1968 ; 16 U.S.C. Sec. 1271 et seq.) as amended, particularly Sections 7("h) and (c) (16 U.S.C. Sec. 1278(b) and (c)); The Cle~~~n Air Apt (~ 1 l~.S.C. Sec. ?401 et s~~q.~~) as amended, particularly Sections 176(c) and (d ~ f 42 U.S C Sec- 7506(c and (d))~ Farmlands Protection and Policy Act ot~ 1981 (7 U.S.C. Sec. 4201 et seq.); and 24 CFR Part ~ l . Environmental Criteria arid Standards. 1V 4CQUISI7'IO'~ RFLOC ~1~((~N The Uniform Re(«cati~~n Assistance and Real Property Acquisition Policies Act of 1970 (42 U S C., Sec_ 4601 et. seq.)_ 49 CFR Par 24. and 24 CFR Section 570.496a (SS Fed. Reg. 2y309 (July 18. l ~~90)). EXHIBIT D CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS ?-he undersigned certifies. tc> the best of h cr her knowledge and belief, that: is ? ? Nc federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress: an officer ,~r empioyee of congress, or an employee of a member of congress in :;onnection with the awarding of any federal contract, the making of any federal grant, the making of any federal oan; the entering into c` any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any feceral contract, grant, loan, or cooperative agreement. ~; ~' ~ If <~r r funds other than. federal appropriated funds have been paid or will be paid to any person for inf'uencing or i~ttempting to influence an officer or employee of any agency, a member of congress, ar officer or e!nplcyee of congress. or an employee of a member of congress in connection with this federal contract gram loan.. or : ooperative agreement; the undersigned shall complete and submit wi'h *his a Sta r;,ard F arm 1 " ~ isciosure Fora- to Report Lobbying." in accordance with its instructions (v; T're undersigned shai' require t`,at the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose acct rdingly phis certif cation !s a material representat!on of fact upon which reliance was placed when this transaction was made or entered into. ~ubmissicn of this certification is a prerequisite for making or entering into this transaction imposec by Section 352 Title 31, U S erode Any person who fails to file the required rertificaticn shall be subjec± to a civ.l ~ena~ty of not less than $10,000 and not more than $100,000 for each sucP~ failure .~. °--~ . v --- =.~=~._ . '?'~= ~`~ - ~ a ~ 2S~Zca~ Signature Date ee ({/~~~ (~ rvA "9 ~_~ . ~ rTl~~:~ G ~~h ~; ~~;~ Print Name ofAuthonzed Individual HCS 309, LLC, doing business as 911 Glenoak Apartments, by Housing and Community Services. Inc. as sole member of HCS 309, LLC Organization Name ,,. „,~ n .~,...