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HomeMy WebLinkAboutC2008-295 - 8/12/2008 - ApprovedAFFORDABLE HOUSING PROJECT AGREEMENT COASTAL BEND CENTER FOR INDEPENDENT LIVING - HOME OF YOUR OWN PROGRAM 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 Coastal Bend Center for Independent Living ("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, which included a request for funds to provide homebuyer assistance to 4 homebuyers, who are individuals or families with disabilities under the 80% median income through their Home of Your Own program; 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; In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation, Grantee, and the City agree as follows: 1. Project Agreement to Implement Affordable Housing Project. This Project Agreement between the Corporation, the City, and Grantee is executed to implement 2008-295 08/12/U8 g - HBA 07162008.doc Res. 027805 Page 1 of 11 CBCIL - 4A Board 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 "Center of Independent Living Home of Your Own" ("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, 2010. 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 assist four (4) eligible individuals or families with disabilities, under 80% median income, to become homeowners through the Home of Your Own program. b. Homes to be purchased must be located within the City of Corpus Christi at a site selected by the prospective homeowner. c. Grantee shall offer home buyer assistance in the form of down payment and closing costs assistance to the homebuyers. f. Each homeowner must meet the qualifications in Exhibit B. g. Each homeowner must execute a note and a deed of trust that conform to Exhibits C and D of this agreement, or a revised version provided by the City. 6. Services to be Provided by Corporation. The Corporation will provide up to $20,000 per homeowner for homebuyer assistance to the title company that is-used to close the sale of the home. The funds provided by the Corporation may be used for closing costs and down payment assistance. The total funds paid by the Corporation may not exceed $80,000.00. 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 -Independent Living - H8A 07162008.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 to any homeowner assistance provided with funds made available under this agreement, and include any supporting documentation required to substantiate the written narrative contained in the reports. The reports must document: (1) Property appraisal information (2) Note and Deed of Trust for the property purchased (3) Expenses incurred for construction project (4) Purchase price of the new constructed home (5) Home buyer assistance information -amounts per homebuyer (ti). Itemized Energy efficiency (green building) features with documented expenses (7). Balance of 4A grant (8) Pending project expenses (g). Status of project time line (10). 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 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 Affordable Housing -Independent Living - HBA 07162008.doc Page 3 of 11 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. 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. Affordable Housing -Independent Living - HBA 07162008.doc Page 4 of 11 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. 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 Affordable Housing -Independent Living - HBA 07162008.doc Page 5 of 11 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. 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. Affordable Housing -Independent living - HBA 07~6200ti.doc Page 6 of 11 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 covenantor 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. 19. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: Affordable Housing -Independent Living - HBA 07162008.doc Page 7 of 11 If to Grantee: Coastal Bend Center for Independent Living Attn: Executive Director 1537 Seventh Street Corpus Christi, Texas 78404 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. 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. Affordable Housing -Independent Living - HBA 07162008.doc Page 8 of 11 b. The Corporation retains the right to take any action the United States or the State of Texas may direct to enforce this non-discrimination covenant. 24. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. 25. Entire Agreement. This Project Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation, the City, and Grantee for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Project Agreement, unless contained in this Project Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Project Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the each party's required performance under this Project Agreement. CORPUS CHRISTI BUSINESS 8r JOB DEVELOPMENT CORPORATION -~,~_p ~ Elo ala ar Date Ch rman ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on I , 2008, by Eloy Salazar, Chairman, Corpus Christi Business & Job De lopment Corporation, a Texas nonprofit corporation, on behalf of the corporation. NOTARY' PUB State of Texas ~...~ ~'NY IV ^.. :,~_~•~"/~ \\°s~ 3'; 1~b7}.1 1.-.0~. MONlOUF LBRMp Notary Publl ~_..°~'e~orri+!~/~ c S7A7E OF iEY,AS My Camm. Exp 0&1 . 8-2009 , Affordable Housing -Independent Living - HBA 07162008.doc Page 9 of 11 ATTEST: Armando C apa Ciry Secretary Date: _ ~~/,~~ APPROVED AS TO FORM: ~ ;zt~ .~ ~~n ~~A -~-~`/R. Jay Reining First Assistant City Attorney for the City Attorney CITY OF CORPUS CHRISTI G orge K. Noe CI Manager Date: 8~a/ /0~' 'T COUNCIL AUTHORI[t~ Affordable Housing -Independent Living - HBA 07162008.doc Page 10 of 11 COASTAL BEND CENTER FOR INDEPENDENT LIVING (c r/ l ~~b J Telg Date E cutive irector ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on t~ 6 ~S'~ ~`~- , 2008, by Judy Telge, Executive Director, Coastal Bend Center for Independent Living , a Texas Domestic Non-Profit Corporation, on behalf of the corporation. ~'pv n MARISA TELGE € ~ My i.^,ommisslon Expires NOTA PUBLIC ''~ July 29, 2011 State of Texas Affordable Housing -Independent Living - HBA 07162008.doc Page 11 of 11 _ ~n¢lependea~~ Loving ,~. 1537 Seventh Street • Corpus Christi, Texas 78404 361.883.8461 (TTY) • Toll Free: 877.988.1999 Fax: 361.883.4820 • www.cbcil.org 4A Board 2007-2008 Affordable Housing Program May 1, 2008 City of Corpus Christi -City Secretary's Office Attn: Armando Chapa, City Secretary 1ST floor, City Hall, 1201 Leopard Corpus Christi, TX 78469-9277 Dear Mr. Chapa: The attached proposal - "Promoting Home Ownership for People with Disabilities" - is being submitted on behalf of the Coastal Bend Center for Independent Living (CBCIL) in response to the Request for Proposals - Affordable Housing Projects -Corpus Christi Business and Job Development Corporation (4A Board). As the authorized representative of CBCIL, I am also the contact person for this proposal and may be reached at the CBCIL office - 883-8461. Sincerely, T Director Exhibit A 4A Board 2007-2008 Affordable Housing Program Category: Other "Promoting Home Ownership for People with Disabilities" Qualifications and Experience: Coastal Bend Center for Independent Living (CBCIL) became the area's first federally funded Center for Independent Living in 2002, establishing an independent, non-profit, non-residential, cross-disability and consumer-controlled organization to serve people with disabilities. Throughout the nation, these Centers provide four core services: information & referral, independent living skills training, peer counseling and advocacy, in addition to other programs meeting local community needs. The organization was initially established in Corpus Christi as a 501-c-3 in 1996 by a majority of individuals with disabilities concerned about the unmet needs in accessibility, civil rights and community integration for people with disabilities. One of the greatest needs identified in Corpus Christi was affordable and accessible housing. Programs were established to begin addressing those needs, however, Centers cannot own or manage residential property. In 2003, a separate non-profit agency (a Community Housing Development Organization -Accessible Housing Resources, inc.) was established to own and manage accessible residential property - transitional and permanent -affordable to low income households with disabilities. Individuals and families requesting housing assistance from CBCIL are provided counseling and assistance in identifying and accessing resources appropriate to their needs and goals. CBCIL contracts with Texas Department of Housing and Community Affairs and the City of Corpus Christi to provide Tenant Based Rental Assistance (TBRA) vouchers since 2005. The City TBRA program is assisting ten households (at least one member has a disability) with two-year "bridge" vouchers and three of them have indicated interest in pursuing home ownership, including lease option purchase. CBCIL administers a clearinghouse for home modifications which offers consumers one place to call that maintains adata-base of local volunteer, public and private resources. CBCIL employs at least one staff person certified to provide housing counseling, and is pursuing HUD-certification as a Counseling Agency. In addition to the housing assistance activity, CBCIL programs provide community based case management, relocation of individuals with disabilities from nursing facilities to the community, and contracts with local entities such as the Regional Transportation Authority and WorkSource Solutions of the Coastal Bend to conduct outreach to people with disabilities, promoting awareness and education of a hard-to-reach population. Nearly all of the consumers served by CBCIL are below 60% median income, with the many 30% and below, considered very low and extremely low income. CBCIL was a key partner with the City of Corpus Christi and FEMA in assisting Katrina evacuees to locate housing. Page 2 CBCIL has an established partnership with United Cerebral Palsy (UCP) of Texas, serving as one of six host sites for the AmeriCorps VISTA Housing ACCESS Project, providing capacity building for affordable and accessible housing for people with disabilities. CBCIL has the opportunity to expand in the fall of 2008 to become an ASSET*AmeriCorps Host Site. The Active Service Solutions for Economic Transition Program provides counseling and assistance for people with disabilities in key areas of financial planning, housing, transportation and employment. The ACCESS Program will provide CBCIL with four volunteers to build the nationally and statewide proclaimed Home of Your Own (HOYO) program. HOYO is a statewide program with national affiliation which assists qualifying low, very low and moderate income individuals with disabilities by providing home purchase counseling (pre- and post-), down payment and closing cost assistance, gap financing and barrier removal. Historically, people with disabilities are least likely to consider home ownership as a viable housing option, and thus have been excluded from the traditional housing market. People with disabilities are disproportionately poor; the housing needs of this population include both affordability and accessibility, and service providers must understand the steps necessary to assist people with disabilities to determine their particular home accessibility needs. Additionally, potential mortgage products must allow for flexibilities to help lenders meet the unique underwriting needs of borrowers with disabilities. UCP of Texas founded the HOYO Coalition in Texas in 1995 in response to the critical shortage of affordable, accessible housing. Since the program began, UCP Texas proudly reports that none of the 136 homebuyers assisted through HOYO have defaulted on their mortgages. The following year, Fannie Mae recognized the need to forge a strong connection between the often disparate disability and housing worlds in order to extend the advantages of homeownership to provide more choices in housing and neighborhood, stable housing costs, tax advantages that accrue to homeowners, and the ability to build equity to this underserved population. CBCIL is the only local organization uniquely qualified to provide counseling, one-on one or group assistance, and outreach to individuals of all ages and families with disabilities of all types, that comprise nearly 20% of the City's population. As a consumer-controlled organization (over 50% of board and staff are people with disabilities) CECIL is most effective at outreach and peer counseling and support. The established relationships with UCP Texas and other local partners provides testimony to the level of experience and expertise needed to meet unmet needs of consumers and contribute to the community overall. Capabilities: CBCIL has grown from astart-up non-profit in 1996 to a respected organization with revenues in excess of $800,000 in 2007. It has an established line of credit with its' Page 3 Bank of record and has aBoard-adopted Financial Management Statement. The first single audit was conducted in 2006, with no fiscal findings. The fiscal department consists of one full-time financial manager and one part-time fiscal director who is a Certified Public Accountant. The majority of revenues are from grants originating at the federal level. State and local contracts are cost reimbursement. Only one grant renews annually; all other revenue sources require competitive procurements, annually or every two years. Development, procurement, contract administration and building relationships are major accomplishments of the executive director. She is one of the founders of the organization, and a former homebuilder of affordable homes in South Texas, a member of the statewide Disability Advisory Workgroup with TDHCA and on the local Board of the Regional Transportation Authority. Guiding the organization is a 12-member volunteer board of directors, which meets quarterly, and is highly invested in the mission of CBCIL. Grant Request: 135 330 Coastal Bend Center for Independent Living requests 4A Board funds to establish counseling and assistance for persons with disabilities under 80% median income to become homeowners through the Home of Your Own and the ASSET*AmeriCorps programs. CBCIL's role is to bring these programs to Corpus Christi together and administer them beginning in the fall of 2008. CBCIL's request will assist four (4) eligible individuals/families with disabilities to become homeowners under the HOYO Program, and reach 60 individuals/families with disabilities in a promotional effort over a two-year period. The majority of the individuals will be 60% median income and below. Homes to be purchased will be located within the City of Corpus Christi at the preference of the homeowner, in exercising consumer choice. Funding will provide: 1. a portion of the member benefit for each AmeriCorps volunteer in the ASSET Program during the first year. During the second year, participating partners will be assessed the portion for each volunteer. The partnering organizations that have expressed interest include United Way, Workforce, Regional Transportation Authority. Grant amount reauested• $9 770 Leverage: $71,268 ASSET Member Benefit Contribution from the AmeriCorps Program at $17,817 per volunteer x 4 volunteers. 2. provide down payment assistance and closing costs in the amount of $20,000 per individual homeowner x 4 = $80,000. A certified counselor will provide coordination, outreach and counseling at $22,780 annually. _Grant amount reauested• $125 560 Leverage: $20,000 home modifications as needed by individual households through CBCIL RAMP! Project. ACKNOWLEDGEMENT By signature on this document, I Judv Telae. certify that I have reviewed the provisions of the Request for Proposals issued by the Corpus Christi Business and Job Development Corporation (4A Board) and that Coastal Bend Center for Independent Living (CBCIL) can and will meet all RFP provisions, as applicable to the proposal "Promoting Home Ownership for People with Disabilities." "Exhibit F" CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firma seekirp to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with oNP,p, •~ , . FIRM NAME:.~h~!~1.~..~~....~...~.. ..~'!'..1~4~.~~.~~......C.~~l[1.11~~' .........................................~. STREET:...`-'.'..~...?.'.~...~G.L~. n _ ' ~~~ ~~s- ,/,, ' .. .......c....z CITY:~:~]~l.Sx.l:1!1.~:YI.t....~aP:~~.2:•c!........ FIRM is: 1. Corporation `[~ 2. Partnership [ ] 3. Sole Owner [ ] 4. Aasodatlon [ ] s. other [] .41.Ut~l..~['.:,~2i.1.-.C,:...?~ ......................................................................................... DI8CLOSURE QUESTION8 If additional space is necessary, please use the reverse aide of this page or attach separate sheet 1. State the names of each °employee' of the C ~f 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 "offidal' of the City s Christi having an'ownership interest constituting 3%or more of the ownership in the above named firm'. Name rtle 3. State the names of each board member of the City o~~o~ Christi having an "ownership Interest constituting 3% or more of the ownership in the above named firm". N Name Board, ommfssion or Committee 4. State the names of each employee or officer of a'consuttanY for the City of Corpus Chri~i who worked on any matter related to the subject of tfjis~ct and has an 'ownership interest constituting 3% or more of the ownership in the above named "firm°. 't~(/,, \\ Name t _ Consultant CERTIFIC/4TE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingy withheld dsclosure of any information requested; and that supplemeMel statements wdl be promptlysubrnilbedto the CdyofCorpus Christi, Texas as Certifying Person Signature of Cert Title:~-///~~E~~]~k,.tt....~.`f'~'/".~.L(l.~U.~~~.f~..'~~... Date:...t:.fLik.a:~...i.<.. A;;L~ 1.~... . ........................ v 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 quai~es as affordable N: (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 qualfies 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 ANNUAL INCOME 27000 30850 are escai 3 ~ 4 ~ 5 34700 ~ 38550 ~ 41650 ~ 44700 ~ 47800 150900 led by HUD and are subject to change without notice. REAL ESTATE NOTE Date: Maker's Address: Payee: CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION c/o City of Corpus Christi, Economic Development Office, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469 Principal Amount: Annual Interest Rate on unpaid principal from date of funding: Zero percent (0%) Term of this Note shall be 10 years if the amount ranges $15,000 to $20,000; Terms of payment: This Note shall be due and payable in approximately One Hundred Twentv 1( 20~ monthly installments, each being in the amount of of the principal amount set forth above. The first of said monthly installments being due and payable on the date of closing, and the remaining installments shall be due in consecutive order thereafter on the same day of each and every succeeding month. Provided, however, that for each month Maker occupies the property described herein as Maker's principal residence during the term of this note, the monthly installment due herein shall be waived and forgiven by payee, and Maker shall not be required to pay such monthly installments. The term "principal residence" means a dwelling which, depending on all of the facts and circumstances, including the good faith intent of the occupant, is occupied primarily for residential purposes by the owner. Default in the payment of any part of the principal, when due, or failure to comply with any or the agreement and conditions in any and all instruments given to secure this note including, without limitations any default under the terms and provisions of the Real Estate Notes, shall at the option of the holder hereof, at once mature the whole of this note, without notice. EXHIBIT C Page 1 of 2 In the event this note is placed into the hands of an attorney for collection, or if collected through Probate or Bankruptcy proceedings, then an additional ten percent (10%) on the amount of principal and interest then owing hereon, shall be added to the same as reasonable and necessary attorney's fees in addition to the court costs. The mazkers and all endorsers, sureties and guarantors of this note hereby severally waive presentment for payment, notice ofnon-payment, notice of intent to accelerate, notice of acceleration, protest and diligence in bringing suit, against any party hereto, and consent that the time of payment of this note, or any part thereof, may be extended without notice. Each maker is responsible for the entire amount of this note. This note is secured by Deed of Trust covering the following described property situated in Nueces County, Texas, to wit: MAKERS EXHIBIT C Page 2 of 2 DEED OF TRUST Date: Grantor: Grantor's Mailing Address (including county): Corpus Christi, Nueces County, Texas 784 Trustee: Mary Kay Fischer, City Attorney, 1201 Leopard Street, Corpus Christi, Texas 78401 Beneficiary: Corpus Christi Business and Job Development Corporation Beneficiary's Mailing Address (including county): P.O. Box 9277 Corpus Christi, Nueces County, TX 78469 Note(s): That note of even date herewith executed by Maker payable to the order of Beneficiary and described as follows: Date: Amount: Maker: Payee: Corpus Christi Business and Job Development Corporation Final Maturity Date: Due upon earliest of following events: (1) sale or transfer of property. (2) Grantor(s) cease to occupy property as principal residence. Terms of Payment: As therein provided Property (including any improvements): Prior Lien(s)(including recording information): Exhibit D DEED OF TRUST.doc For value received and to secure payment of the note, Grantor conveys the property to Trustee intrust. Grantor warrants and agrees to defend the title to the property. If Grantor pertorms all the covenants and pays the note according to its terms, this deed of trust has no further effect, and Beneficiary shall release it at Grantor's expense. GRANTOR'S OBLIGATIONS Grantor agrees to: 1. Keep the property in good repair and condition. 2. Pay all taxes and assessments on the property when due. 3. Preserve the lien's priority as it is established in this deed of trust. 4. Maintain, in a form acceptable to Beneficiary, an insurance policy that: a. Covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a small amount in writing. b. Contains an 80% coinsurance clause. c. Provides fire and extended coverage, including windstorm coverage. d. Protects Beneficiary with a standard mortgage clause. e. Provides flood insurance at any time the property is in a flood hazard area. f. Contains such other coverage as Beneficiary may reasonably require. 5. Comply at all times with the requirements of the 80% coinsurance clause. 6. Deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration. 7. Keep any buildings occupied as required by the insurance policy. 8. If this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments. 9. Principal residence requirement: a. Grantor agrees to occupy the property described in this deed of trust as Grantor's principal residence: b. As used in this deed of trust, "principal residence" means a home which, depending upon all of the facts and circumstances (including the DEED OF TRUST.doc good faith of the occupant) is occupied primarily for residential purposes by Grantor. c. The term does not include a home used as an investment property or a recreational home or a home which is used primarily in a trade or business (as evidenced by the use of more than fifteen percent [15%] of the total floor space in a trade or business). d. Grantor agrees to submit annual recertification, in a form prescribed by Beneficiary, to the Beneficiary to evidence Grantor's occupancy under the provisions of this Deed of Trust. e. Grantor further agrees to notify Beneficiary immediately if at any time the property ceases to be used as Grantor's principal residence. 10. Due on Sale Requirement. If Grantor conveys or contracts to convey the property, or any interest the property, to a party or parties not appearing in this instrument without the written consent of Beneficiary, then Beneficiary, at its election exercised at any time after such event without notice to Grantor, may declare the entire indebtedness secured hereby at once due and payable. BENEFICIARY'S RIGHTS 1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of the note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the note is payable for any sums so paid, including attorney's fees, plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust. 5. If Grantor defaults on the note or fails to perform any of Grantor's obligations or if default occurs on a prior lien note or other instrument, Beneficiary may: a. Declare the unpaid principal balance and earned interest on the note immediately due. DEED OF TRUST.doc b. Request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code, as then amended. c. Purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. 6. If Grantor conveys or contracts to convey the property covered by this deed of trust, or any interest in the property covered by this deed of trust, including a leasehold interest, to a party or parties not appearing in this instrument without the written consent thereto of Beneficiary, then Beneficiary, at its election exercised any time after such event and without notice to Grantor, may declare the entire indebtedness secured hereby at once due and payable. Trustee's Duties: If requested by Beneficiary to foreclose this lien, Trustee shall: 1. Either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code, as then amended. 2. Sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty. 3. From the proceeds of the sale, pay, in this order: a. Expenses of foreclosure, including a commission to Trustee of 5% of the bid. b. To Beneficiary, the full amount of principle, interest, attorney's fees, and other charges due to unpaid. c. Any amounts required by law to be paid before payment to Grantor. d. To Grantor, any balance. General Provisions 1. If any of the property is sold under this deed of trust; Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be true. DEED OF TRUST.doc 3. Proceedings under this deed of trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien remains superior to liens later created even if the time of payment of all or part of the note is extended or part of the property is released. 5. If any portion of the note cannot be lawfully secured by this deed of trust, payments must be applied first to discharge that portion. 6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or part of the property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply the sums to reduce the note. Beneficiary is not be liable for failure to collect or to exercise diligence in.collecting any such sums. 7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the property. a. Leases are not assigned. b. Grantor warrants the validity and enforceability of the assignment. Grantor may as Beneficiary's licensee collect rent and other income and receipts as long as Grantor is not in default under the note or this deed of trust. c. Grantor shall apply all rent and other income and receipts to payment of the note and performance of this deed of trust, but if the rent and other income and receipts exceed the amount due under the note and deed of trust, Grantor may retain the excess. d. If Grantor defaults in payment of the note or performance of this deed of trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the property if it is vacant and collect all rent and other income and receipts. e. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the property. f. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking possession of the property. g. Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the note and this deed of trust in the order determined by Beneficiary. DEED OF TRUST.doc h. Beneficiary is not required to act under this paragraph, and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. i. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 8. Interest on the debt secured by this deed of trust do not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. a. Any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. b. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. c. This provision overrides other provisions in this and all other instruments concerning the debt. 9. In the event the property described in this deed of trust is subject to prior liens in favor of third parties, any default under any prior lien instrument is a default under this deed of trust. 10. When the context requires, singular nouns and pronouns include the plural 11. The term "note" includes all sums secured by this deed of trust. 12. This deed of trust binds, inures to the benefit of, and may be exercised by successors in interest of all parties. 13. The note secured by this deed of trust evidences funds advanced for a portion of the purchase price of the property described in this deed of trust, and is additionally secured by a vendor's lien on the property. 14. Upon the sale, rent, or change of ownership of the property described in this deed of trust for any reasons, by any means, or upon the death of the Makers of the Real Estate Note(s) secured by this deed of trust, the entire principal and appropriate interest of the Real Estate Note(s) immediately become due and payable without notice or presentment of any kind including, without limitations, notice of intent to accelerate and notice of acceleration. a. The Executive Director of the Corpus Christi Business and Job Development Corporation may waive this requirement upon the written DEED OF TRUST.doc request of the Makers of the Real Estate Note(s) or their heirs, successors, and assigns. b. Should the property no longer become the primary residence or should there be a change of use, the entire principal and appropriate interest shall immediately become due and payable without notice or presentment of any kind including, without limitations, notice of intent to accelerate and notice of acceleration. Witness our hands this day of , 200 A.D. Name: Name: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 200_, by , Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 200_, by . Notary Public, State of Texas DEED OF TRUST.doc AFTER RECORDING RETURN TO: Corpus Christi Business and Job Development Corporation c/o City of Corpus Christi Economic Development Office P. 0. Box 9277 Corpus Christi, Texas 78469 DEED OF TRUST.doc