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HomeMy WebLinkAboutC2008-291 - 8/12/2008 - ApprovedAFFORDABLE 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 " Thrporation, the City, and Grantee is executed to implement 2008 -291 08/12/08 Res. 027804 Habitat for Humanity - 4A Board s 07152008.doc Page 1 of 11 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. Affordable Housing - Habitat - 4 Homes 07152008.doc Page 2 of 11 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 Affordable Housing - Habitat - 4 Homes 07152008.doc Page 3 of 11 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. Affordable Housing - Habitat - 4 Homes 07152008.doc Page 4 of 11 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. Affordable Housing - Habitat - 4 Homes 07152008.doc Page 5 of 11 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. Affordable Housing - Habitat - 4 Homes 07152008.doc Page 6 of 11 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. Affordable Housing - Habitat - 4 Homes 07152008.doc Page 7 of 11 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. Affordable Housing - Habitat - 4 Homes 07152008.doc Page 8 of 11 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 B SINESS & JOB D ELOPM CORPORATION E C =irman STATE OF TEXAS § COUNTY OF NUECES § Date ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on V v� �j,(/ ( , 2008, by Eloy Salazar, Chairman, Corpus Christi Business & Job D elopment Corporation, a Texas nonprofit corporation, behalf of the corporation. / IA NOTA Y PUBLI State o Texas Affordable Housing - Habitat - 4 Homes 07152008.doc Page 9 of 11 4 MONIQUE LERMA Notary Public STATE OF TEXAS My Comm. Exp. 02 -18 -2009 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Date: thilAr APPROVED AS TO FORM: R. Ja ein,p Firs Assistant City Att6rney for the City Attorney Gegfge K. Noe City Manager Date: 9709! /!%cci Affordable Housing - Habitat - 4 Homes 07152008.doc Page 10 of 11 da� AUTHUffd1ZE9 RY COUNCIL.....Q0- _ SECRETARY HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC. Peggy s President STATE OF TEXAS COUNTY OF NUECES Date ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on �(t , 2008, by Peggy Hopkins, President, Habitat For Humanity -- C rpus Christi, Inc., a Texas Domestic Non - Profit Corporation, on behalf of the corporation. tt.l.LAirt1k%& VOTARY PUBLIC State of Texas 3 �r f� SAVANNAH KIRKPATRICK Notary Public r State Warms My Comm. Ex/. 01/0512011 Affordable Housing - Habitat - 4 Homes 07152008.doc Page 11 of 11 Habitat for Humanity® Building housesIn 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, 4117 AlifAt"z) 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 W. NV .habitat.o g. 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, located 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 (FIFH -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 family 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 -1st 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 93,701.38 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 $ 2 207,318.86 Current Liabilities A/P - 4649 Cosner N/P(CL)- RestoreProperty -L ipan HfH Int'1 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 N/P - 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 & 1 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 $ 2 207,318.86 See accountant's notes to financial statements. 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 Total Cost of Sales Gross Profit HABITAT FOR HUMANITY Income Statement For the Period Ended March 31, 2008 S 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 12,463.63 1 36,537.69 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) $ A6,3n, 46 See accountant's notes to financial statements. 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 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, 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 follow��in�� information. Ev ry question must be answered. If the questio is not applicable, answer with DNA°. FIRM NAME:.lYl2%'.4lT'9 r 2 a✓ tiftevT y - jg S L10eAST/,,fv0• STREET' 70 - �D.?i 3oJa CITY. et? Pas >t/.re /sr/ ZIP: 7 Stlea.1' FIRM is: 1. Corporation 2. Partnership (] 3. Sole Owner () 4. Association [] 5. Other (] 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 "consultanr 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 4/14 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptlysubmittedto the City of Corpus Christi, Texas as changes occur. / / , Certifying Person:.... .�jL.....1.7..� . !Print) 5 Title:..�E /!� �RaL or Print) 3,0° Signature of Certifying Person:. ,L 2 Date. � 2 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local govemmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th 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 law this 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 Govemment 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. OFFICE USE ONLY Date Received J Name of person who h s a busines relationship with local govemmental entity. A.69> rAr who >Ud4f Av,r y - GOA9p5 jR As 7% AGE . JnCheck this box if you are filing an update to a previously filed questlonriafre.. (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.) 3 Name of local government officer with whom filer has —r'-v---'--- busin ss relationship. eeeie - ye,at/ V /9, 6' with whom the filer has an Code. Attach additional other than investment income, from or at the not received from the local respect to which the local in this section. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer employment or other business relationship as defined by Section 176.001(1 -a), Local Government pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, income, from the filer of the questionnaire? Yes gl No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment direction of the local govemment officer named in this section AND the taxable income is governmental entity? Yes I kl No C. Is the filer of this questionnaire employed by a corporation or other business entity with govemment officer serves as an officer or director. or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local govemment officer named " -' V? . Signature of a on clog business MI the governmental entity Date Adopted 06/29/2007 4 0 z 1 ME MN 4 !MIMI REED NII 101 m 0 REPRODUCED WITH PERMISSION FROM WILLIAM HAYSLIP P a + 1 ' RESIDENCE FOR HABITAT FOR HUMANITY . CORPUS CHRISTI, TEXAS 1 /A1 O T o O Z r REPRODUCED WITH PERMISSION FROM WILLIAM HAYSLIP t 8 9 RESIDENCE FOR HABITAT FOR HUMANITY i CORPUS CHRISTI, TEXAS 3 BQ A G a 1 a a a MI ��F 1 I a 1 I L F is= ailloo .8 la IN 1I I a y r I I 0 p -r I I ]I 0' REPRODUCED WITH PERMISSION FROM WILLIAM HAYSLIP t 8 9 RESIDENCE FOR HABITAT FOR HUMANITY i CORPUS CHRISTI, TEXAS 1 N 4m m z m m z y m D1 O z z z REPRODUCED WITH PERMISSION FROM WILLIAM HAYSLIP F O y it w ! i RESIDENCE FOR HABITAT FOR HUMANITY CORPUS CHRISTI, TEXAS hg S -0 16. -2l 2 5 I1-4 y it w ! i RESIDENCE FOR HABITAT FOR HUMANITY CORPUS CHRISTI, TEXAS 0 1 ■ 6! _ 0 N - L J L -I r J 31' -0" 3f f| ;!! €:! grit 2 f ,, ,? x, ; zi \�� .1 z § \t|�n!£•t!: .! ' |!� = i . ! l - -- �, 111 ;II11 1w ,.1pt1 !d |*§'t §2 §!§ R.i @g! |§�f| \§fin''i ® ~/® 2 is si !qtj T 8311 p =,•qE| ( / \(h ! Il ( Ja /i }Qgt.§ q!|&KL § i1 ;1 R§ 0 §§ .ihM|iw |§ = § § {Q § §�RgR/t I1 ! in ` R ! \\ & } ; ! p R �!b | ! / R1 R: R I |� :R | g: 9Qw § R | \ 1 1 #I! Hi0 §|| 1 /g• !ice 1 -. .0 \ ! ` ! | '. |.� // § / / / I; ! , !i i ,| 1 §} | ! ! . 4 jrif$flllRh i | 1 HABITAT FOR HHBARITY I_ :A �Tc� o ® ; mil 11® I,R� �_- • r MI i i .L■-1 e..:I�t££_i -PI moral I 1 HABITAT FOR HHBARITY I_ in eea 1 q e s i94 ; 444 G SCHEDULE !! 1 !1! HABITAT FOR HUMANITY 0 0 U0 0 0 0 0 0 c HABITAT FOR HUMANITY S 9 09 O II 41;41w a e GO890 t 1111 i 11; 1 i111: 111 N01133dSNl W601S ONIM ELr HABITAT cOs. rIIIY nnnwm r 8 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 ANNUAL INCOME 1 27000 2 30850 3 34700 4 38550 5 41650 6 44700 7 47800 Revised 3/21/07 Income limits are established by HUD and are subject to change without notice 50900