HomeMy WebLinkAboutC2008-486 - 12/16/2008 - ApprovedHOME AGREEMENT
BETWEEN THE
CCCIC
AND
APARTMENTS OF THE VILLAGE
STATE OF TEXAS §
COUNTY OF NUECES §
This HOME Program agreement ("HOME AGREEMENT") is hereby made and
entered into by and between the Corpus Christi Community Improvement Corporation
("CCCIC"), a Texas nonprofit corporation, acting by and through its General Manager,
and Apartments of the Village ("SUBRECIPIENT") a Texas nonprofit corporation, acting
by and through its Executive Director, who is duly authorized and hereinafter referred to
as SUBRECIPIENT'S Executive Director.
WHEREAS, CCCIC, through the City of Corpus Christi, Texas ("CITY"), has
received certain funds from the U.S. Department of Housing and Urban Development
("HUD") under Title II of the National Affordable Housing Act of 1990, (P. L. 101-625),
for utilization in connection with its HOME Investment Partnerships Program ("HOME
Program");
WHEREAS, the CCCIC, with the approval of the CITY's City Council, has
adopted a budget for HOME Program funds and has included the expenditure of such
funds in the form of a GRANT ("GRANT") to the SUBRECIPIENT for the project
entitled, "Oasis at the Park" ("PROJECT");
WHEREAS, the CCCIC wishes to make a GRANT to the SUBRECIPIENT in
connection with the SUBRECIPIENT's acquisition and development of the PROJECT;
and
WHEREAS, as a part of PROJECT implementation and management by the
SUBRECIPIENT, it is proposed that the GRANT be made to the SUBRECIPIENT for,
among other things, acquisition and development costs of real property more
particularly described in Exhibit "A" attached to this HOME AGREEMENT, incorporated
herein, and made a part hereof for all purposes (such real property and any and all
- - improvements--along -with- any construction done or hereafter to be done referred to
herein as the "Property"), such GRANT to be secured by, among other things, a
restrictive covenant running with the Property, which is more particularly described in
Exhibit "B" attached to this HOME AGREEMENT, incorporated herein, and made a part
hereof for all purposes.
2008-486
12/16/08
CCCIC
NOW, THEREFORE, the parties hereto severally and collectively agree, and by
the execution hereof are bound, to the mutual obligations herein contained and to the
performance and accomplishment of the tasks hereinafter described.
I. DEFINITIONS
1.1 For purposes of this HOME AGREEMENT, in addition to the definitions and
references set forth throughout this HOME AGREEMENT, the following terms shall
have the meanings indicated:
(A) "Business Day' -Every day of the week, except all Saturdays, Sundays,
and those scheduled holidays officially adopted and approved by the
CITY's City Council for its employees.
(B) "Environmental Law" -Any federal, state or local law, statute, ordinance
or regulation pertaining to health, industrial hygiene, or the environmental
conditions on, under, or about the Property including, without limitation, (i)
the Resource Conservation and Recovery Act, as amended by the
Hazardous and Solid Waste Amendments of 1984, as now or hereafter
amended ("RCRA") (42 U.S.C. §6901, et. seq.); (ii) the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended by the Superfund Amendments and Reauthorization Act of
1986, as now or hereafter amended ("CERCLA") (42 U.S.C. §9601, et.
seq.); (iii) the Clean Water Act, as now or hereafter amended ("CWA") (33
U.S.C. §1251, et. seq.); (iv) the Toxic Substances Control Act, as now or
hereafter amended ("TSCA") (15 U.S.C. §2601, et. seq.); (v) the Clean Air
Act, as now or hereafter amended ("CAA") (42 U.S.C. §7401, et. seq.),
Texas Solid Waste Disposal Act (V.T.C.A. Health and Safety Code
§361.001, et. seq.) and the Texas Water Code (V.T.C.A. Water Code
§26.001-26.407); (vi) all regulations promulgated under any of the
foregoing; (vii) any local, state, or federal law, statute, regulation, or
ordinance analogous to any of the foregoing; and (viii) any other federal,
state, or local law (including any common law), statute, regulation. or
ordinance regulating, prohibiting, or otherwise restricting the placement,
discharge, release, threatened release, generation, treatment, or disposal
upon or into any environmental media of any substance, pollutant, or
waste which is now or hereafter classified or considered to be hazardous
or toxic to human health or the environment.
(C) "Environmental Report" - A report prepared by a reputable engineer or
other party on behalf of the SUBRECIPIENT, which report is satisfactory
to the CCCIC, in its reasonable determination and discretion, and in such
detail as the CCCIC may require, indicating that no part of the Property is
contaminated with Hazardous Materials or is subject to undue risk of
contamination by Hazardous Materials.
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(D) "Governmental Authority' - Any and all courts, boards, agencies,
commissions, offices, or authorities of any nature whatsoever for any
governmental unit (federal, state, county, district, municipal, or otherwise),
whether now or hereafter in existence, having jurisdiction over the
applicable matter.
(E) "GRANT Documents" - (i) this HOME AGREEMENT, and all attachments
and (ii) that certain "Declaration of Restrictive Covenant of Affordability,"
of even date herewith, signed by SUBRECIPIENT in connection with the
PROJECT, which declaration document is attached to this HOME
AGREEMENT and incorporated herein as Exhibit "B" and as recorded.
(F) "Hazardous Materials" - Any flammables, explosives, radioactive
materials, asbestos, petroleum products, or other hazardous waste,
including, without limitation, substances defined as "hazardous
substances," "hazardous materials," or "toxic substances' in any
Environmental Law; excluding, however, standard prepackaged
household items and supplies and materials necessary for the
construction and operation of the Property.
(G) "Legal Requirements" - (i) any and all present and future judicial
decisions, statutes, rulings, rules, regulations, permits, certificates, or
ordinances of any Governmental Authority in any way applicable to
SUBRECIPIENT, any guarantor of the PROJECT, the GRANT, or the
Property including, without limitation, the ownership, use, construction,
rehabilitation, development, occupancy, possession, operation,
maintenance, alteration, repair, or reconstruction thereof, (ii) any and all
covenants, conditions, and restrictions contained in any deed or other
form of conveyance or in any other instrument of any nature that relate in
any way or are applicable to the Property or the ownership, use,
construction, occupancy, possession, operation, maintenance, alteration,
repair, or reconstruction thereof, (iii) SUBRECIPIENT's or any PROJECT
or GRANT guarantor's presently or subsequently effective bylaws and
articles of incorporation or partnership, limited partnership, joint venture,
trust or other form of business association agreement, (iv) any and all
leases related to the Property or the PROJECT, (v) other contracts,
whether written or oral, of any nature that relate in any way to the Property
or the PROJECT and to which SUBRECIPIENT or any GRANT or
PROJECT_guarantor may be bound.
(H) "Material" - (i) as to monetary matters, any amount in excess of
$10,000.00, or (ii) as to all other matters, any fact or circumstance without
which the CCCIC, in its reasonable opinion, would not have made the
GRANT.
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(I) "Plans" -Any and all contracts and agreements, written or oral, between
the SUBRECIPIENT-approved architect for the PROJECT and
SUBRECIPIENT, together with the final plans, specifications, shop
drawings, and other technical descriptions prepared for the construction
done in connection with the PROJECT, and all amendments and
modifications thereof.
il. TERM
2.1 Except as otherwise provided for pursuant to the provisions hereof, this HOME
AGREEMENT shall commence immediately upon its execution and shall terminate on
July 31, 2009.
2.2 Notwithstanding the provisions of paragraph 2.1 hereof, the completion date for
any development work for the PROJECT shall be no later than June 30, 2009.
III. RESPONSIBILITIES
3.1 SUBRECIPIENT hereby accepts responsibility for the performance, in a
satisfactory and efficient manner as determined by CCCIC, in its reasonable
determination and discretion, of all services and activities set forth in this HOME
AGREEMENT.
3.2 Unless written notification by SUBRECIPIENT to the contrary is received and
approved by the CCCIC, SUBRECIPIENT's Executive Director shall be
SUBRECIPIENT's designated representative responsible for the management of all
contractual matters pertaining to this HOME AGREEMENT.
3.3 CCCIC, acting through staff designated by the General Manager, is responsible
for the administration of this HOME AGREEMENT.
3.4 Communications between the CCCIC and SUBRECIPIENT shall be directed to
the designated representatives of each as set forth in paragraphs numbered 3.2 and
3.3 hereinabove.
IV. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS
4.1 SUBRECIPIENT understands that funds provided to it pursuant to this HOME
AGREEMEN_T_ar~funds, which have been made available to the CCCIC, through the __
CITY, by the federal government under the HOME Program (Final Rule) and in
accordance with the CITY's HUD-approved GRANT Application and with other specific
assurances made and executed by CITY. SUBRECIPIENT, therefore, assures and
certifies that it will comply, in all material respects, with the requirements of the HOME
Program and with all regulations promulgated thereunder, codified at Title 24 of the
Code of Federal Regulations. SUBRECIPIENT understands, however, that the HOPJIE
Program in no way is meant to constitute a complete compilation of all duties imposed
LULAC Apts of the Village Grant Agmt Final.doc Page 4 of 3I
upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which
SUBRECIPIENT must follow. Accordingly, SUBRECIPIENT understands that if, the
regulations and issuances promulgated pursuant to the HOME Program are amended
or revised by HUD or the CCCIC, it shall comply with them or otherwise promptly notify
the CCCIC pursuant to the provisions of Article XLIV of this HOME AGREEMENT.
4.2 SUBRECIPIENT understands that summaries of certain compliance
requirements mandated by applicable laws or regulations are available from the
CCCIC, and that SUBRECIPIENT must at all times remain in compliance therewith;
SUBRECIPIENT further understands that said summaries are intended only as such
and in no way are meant to constitute a complete compilation of all duties imposed
upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which
SUBRECIPIENT must follow.
4.3 SUBRECIPIENT assures that all contractors and subcontractors receiving funds
in connection with this PROJECT are familiar with, and shall comply with, any and all
applicable federal and state laws, rules, regulations, and provisions mandating
compliance, and SUBRECIPIENT will ensure that analogous provisions requiring
compliance with all applicable federal and state laws, rules, and regulations will be
included as part of every contract awarded in connection with this PROJECT.
4.4 SUBRECIPIENT shall observe and comply with all Legal Requirements.
V. SUBRECIPIENT'S WARRANTIES AND REPRESENTATIONS
5.1 SUBRECIPIENT hereby unconditionally warrants, represents, assures and
guarantees unto the CCCIC the following:
(A) SUBRECIPIENT possesses the legal authority, pursuant to any proper,
appropriate, and official motion, resolution, or action passed or taken, to
enter into this HOME AGREEMENT and the other GRANT Documents
and to perform the responsibilities herein required, and each such
document constitutes a legal and binding obligation of, and is valid and
enforceable against, SUBRECIPIENT and the Property (as the case may
be) in accordance with the terms thereof.
(B) SUBRECIPIENT represents, warrants, assures, and guarantees that the
individual executing this HOME AGREEMENT has full legal authority to
execute this HOME AGREEMENT on behalf of SUBRECIPIENT and to
bind SUBRECIPIENT to all terms, performances, and provisions herein
contained.
(C) Any and all information, reports, papers, and other data, including, without
limitation, any and all balance sheets, statements of income or loss,
reconciliation of surplus and financial data of any other kind, heretofore
furnished or to be furnished the CCCIC by or on behalf of
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SUBRECIPIENT are, or when delivered will be, true and correct in all
material respects; all financial data has been, or when delivered will have
been, prepared in accordance with generally accepted accounting
principals consistently applied, and fully and accurately present, or will
present, the financial condition of the subjects thereof as of the dates
thereof; and, with respect to the financial data heretofore furnished, no
materially adverse change has occurred in the financial condition reflected
therein. since the dates thereof.
(D) Except as may be otherwise set forth on any exhibit attached hereto,
there are no actions, suits, or proceedings of a material nature pending or,
to SUBRECIPIENT's knowledge, threatened against or affecting
SUBRECIPIENT, any GRANT or PROJECT guarantor or the Property, or
involving the validity or enforceability of the Deed of Trust or the priority of
the liens and security interests created therein; and no event has occurred
(including specifically SUBRECIPIENT's and all GRANT and PROJECT
guarantors' execution of their respective security documents related to the
GRANT and SUBRECIPIENT's consummation of the GRANT) which will
violate, be in conflict with, result in the breach of, or constitute (with due
notice, if applicable, or lapse of time, or both) a default under any Legal
Requirement or result in the creation or imposition of any lien, charge, or
encumbrance of any nature whatsoever on the Property other than the
liens and security interests created by or expressly permitted under the
GRANT Documents.
(E) SUBRECIPIENT has (or prior to commencement of any construction
referred to herein will. have) (i) received all requisite building permits and
approvals in connection with the PROJECT, (ii) filed and recorded all
requisite plats and other instruments, and (iii) complied or ensured the
compliance with all Legal Requirements required to be met prior to
commencement of any construction work done in connection with the
PROJECT.
(F) All streets, easements, utilities, and related services necessary for any
construction done in connection with the PROJECT and the operation
thereof for their intended purpose are (or within thirty days prior to
completion of construction work done in connection with the PROJECT,
will be) available to the boundaries of the Property, including, without
limitation,_potable water, storm and sanitary sewer, gas, electric, and
telephone facilities and garbage removal.
(G) The Property has not been the site of any activity that would violate any
past or present Legal Requirement, including, without limitation, any
Environmental Law. Specifically, without limitation, (i) no solid waste, as
that term is defined in the Texas Solid Waste Disposal Act, and no
petroleum or petroleum products have been handled on the Property such
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that they may have leaked or spilled on to the Property or contaminated
the Property, (ii) there is no on-site contamination resulting from activities
on the Property or adjacent tracts, (iii) there is no off-site contamination
resulting from activities on the Property, (iv) the Property contain no
Hazardous Materials and (v) there are no underground storage tanks
located in, on, or under the Property, and that the CCCIC has obtained
specific written assurance from the SUBRECIPIENT to such effect.
(H) SUBRECIPIENT has delivered to the CCCIC duly executed
documentation creating and lawfully establishing SUBRECIPIENT
including evidence of any required filing with the Secretary of State.
5.2 In the event that a dispute arises as to the legal authority to enter into this HOME
AGREEMENT of either the SUBRECIPIENT or the person signing on behalf of
SUBRECIPIENT, and same is not dismissed within ninety (90) days, the CCCIC shall
have the right, at its option, to either temporarily suspend or permanently terminate this
HOME AGREEMENT. -Should the CCCIC suspend or permanently terminate this
HOME AGREEMENT pursuant to this paragraph, however, SUBRECIPIENT shall be
liable to the CCCIC for any money it has received from the CCCIC for performance of
any of the provisions hereof.
VI. MAINTENANCE OF EFFORT
6.1 SUBRECIPIENT agrees that the funds and resources provided to it under the
terms of this HOME AGREEMENT shall in no way be substituted for funds and
resources provided from other sources, nor shall such funds and resources in any way
serve to reduce the funds, resources, services, or other benefits which would have
been available to, or provided through, SUBRECIPIENT had this HOME AGREEMENT
not been executed.
VII. PERFORMANCE BY SUBRECIPIENT
7.1 SUBRECIPIENT, in accordance and compliance with the terms, provisions, and
requirements of this HOME AGREEMENT, shall manage, perform, and provide all of
the activities and services required under this HOME AGREEMENT in connection with
the PROJECT to the CCCIC's satisfaction, in its reasonable determination and
discretion. The funds available for utilization hereunder shall be expended only in
accordance with the terms of this HOME AGREEMENT for the acquisition and
_~lev~lopment_costs_of_the- PROJECT. SUBRECIPIENT shall submit a final PROJECT ___
budget and construction schedule ("Construction Schedule") within ten (20) days of the
execution of this HOME AGREEMENT. A preliminary Construction Schedule is
attached to this HOME AGREEMENT and incorporated herein as Exhibit "C."
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VIII. DRAW REQUESTS
8.1 Provided no Event of Default (as defined in the GRANT Documents) has
occurred or remains uncured, the CCCIC will deliver $400,000 (Four Hundred
Thousand Dollars) to SUBRECIPIENT as follows: $275,000 upon closing of the
acquisition and $125,000 on a reimbursement basis for development costs to be used
by the SUBRECIPIENT to acquire and develop the PROJECT.
IX. INTENTIONALLY LEFT BLANK
X. INTENTIONALLY LEFT BLANK
XI. FURTHER REPRESENTATIONS. WARRANTIES AND COVENANTS
11.1 SUBRECIPIENT further represents and warrants that:
(A) All information, data or reports heretofore or hereafter provided to the
CCCIC is, shall be and shall remain complete and accurate in all material
respects as of the date shown on the information, data or report, and that
since said date shown, shall not have undergone any significant adverse
change without prior, written notice to CCCIC;
(B) Any supporting financial statements heretofore or hereafter provided to
CCCIC are, shall be and shall remain complete, and accurate in all
material respects and fairly reflective of the financial condition of
SUBRECIPIENT on the date shown on said statements and during the
period covered thereby, and that since said date shown, except as
provided by written notice to CCCIC, there has been no material change,
adverse or otherwise, in the financial condition of SUBRECIPIENT;
(C) No litigation or proceedings are presently pending or threatened, to
SUBRECIPIENT's knowledge, against SUBRECIPIENT;
(D) None of the provisions contained herein contravene or in any way conflict
with the authority under which SUBRECIPIENT is doing business or with
the provisions of any existing indenture or agreement of SUBRECIPIENT;
(E) SUBRECIPIENT has the legal authority to enter into this HOME
___ AGREEMENT and accept payments hereunder, and has taken all_
necessary measures to authorize such execution of contract and
acceptance of payments pursuant to the terms and conditions hereof; and
(F) None of the assets of SUBRECIPIENT are currently and for the duration
of this HOME AGREEMENT subject to any lien or encumbrance of any
character, except for the other Liens (as such term is defined in the Deed
of Trust) securing the obligations of SUBRECIPIENT, current taxes not
LULAC Ap[s of the Village Grant Agmt Final.doc Page 8 of 31
delinquent and except as shown in the financial statements. provided by
SUBRECIPIENT to CCCIC and except as described in the other GRANT
Documents.
11.2 Except as otherwise provided in the Deed of Trust's Permitted Exceptions
executed by SUBRECIPIENT and dated as of even date herein, to and during the
period of time that payment may be made hereunder and so long as any payments
remain unliquidated, SUBRECIPIENT covenants that it shall not, without the prior
written consent of CCCIC's General Manager or his designate, such consent not to be
unreasonably delayed, withheld or conditioned:
(A) Further mortgage, pledge, or otherwise encumber or cause to be
encumbered any of the assets of SUBRECIPIENT now owned or
hereafter acquired by it;
(B) Permit any pre-existing mortgages, liens, or other encumbrances to
remain on or attached to any of the assets of SUBRECIPIENT which are
allocated to the performance of this HOME AGREEMENT and with
respect to which CCCIC has ownership hereunder;
(C) Sell, assign, pledge, transfer or otherwise dispose of accounts receivable,
notes or claims for money due or to become due;
(D) Sell, convey, or lease all or any substantial part of its assets other than for
residential use; or
(E) Make any advance or GRANT to, or incur any liability as guarantor, surety
or accommodation endorser for any other firm, person, entity or
corporation.
11.3 Each of the foregoing representations, warranties and covenants shall be
continuing and deemed repeated each time SUBRECIPIENT submits a new request for
payment in accordance with the terms, provisions and requirements of this HOME
AGREEMENT.
XII. MAINTENANCE OF RECORDS
12.1 SUBRECIPIENT agrees to maintain records that will provide accurate, current,
~parate, and complete disclosure of the status of any funds received pursuant to this_
HOME AGREEMENT. SUBRECIPIENT further agrees:
(A) That maintenance of said records shall be in compliance with all terms,
provisions and requirements of this HOME AGREEMENT and with all
applicable federal and state regulations establishing standards for
financial management; and
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(B) That SUBRECIPIENT's record system shall contain sufficient
documentation to provide in detail full support and justification for each
expenditure.
12.2 SUBRECIPIENT agrees to retain, for the period of time and under the conditions
specified by CCCIC, all books, records, documents, reports, and written accounting
policies and procedures pertaining to the operation of programs and expenditures of
funds under this HOME AGREEMENT.
12.3 SUBRECIPIENT agrees to include the substance of this Article in all of its sub-
contracts.
12.4 Nothing in this Article shall be construed to relieve SUBRECIPIENT of:
(A) Responsibility for retaining accurate and current records which clearly
reflect the level and benefit of services provided under this HOME
AGREEMENT; and
(B) Fiscal accountability and liability pursuant to this HOME AGREEMENT
and any Legal Requirements.
XIII. ACCESSIBILITY OF RECORDS
13.1 At any reasonable time and as often as CCCIC may deem necessary,
SUBRECIPIENT shall make all of its records available to CCCIC, HUD, or any of their
authorized representatives, and shall permit CCCIC, HUD, or any of their authorized
representatives to audit, examine, and make excerpts and/or copies of same.
SUBRECIPIENT's records shall include, but shall not be limited to, the following:
payroll, personnel and employment records, contracts, and invoices.
XIV. PERFORMANCE RECORDS AND REPORTS
14.1 As often and in such form as CCCIC may require, SUBRECIPIENT shall furnish
CCCIC such performance records and reports as deemed by CCCIC as pertinent to
matters covered by this HOME AGREEMENT.
14.2 At minimum, monthly performance records and reports shall be submitted to
CCCIC by SUBRECIPIENT no later than the tenth (10th) calendar day of the month
__follawing.RecorrJs_and_reports shall be in accordance with the formats set forth by the_
CCCIC as required by federal regulation.
14.3 As of the commencement date of this HOME AGREEMENT, SUBRECIPIENT
agrees to gather, retain and make available to CCCIC information and data relative to
all programmatic and financial reporting.
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XV. MONITORING AND EVALUATION
15.1 CCCIC shall perform secondary on-site monitoring of SUBRECIPIENT's
performance pursuant to the terms of this HOME AGREEMENT; provided however, that
SUBRECIPIENT retains the primary duty and responsibility to ensure that all LEGAL
REQUIREMENTS are met with regard to the PROJECT.
15.2 With reasonable notice to SUBRECIPIENT, and in accordance with any leases
affecting the Property, SUBRECIPIENT agrees that CCCIC and HUD may, at CCCIC's
and HUD's sole discretion, carry out monitoring and evaluation activities so as to
ensure compliance by SUBRECIPIENT with this HOME AGREEMENT, with the
Community Development Act, with the HOME Program regulations, with the program
assurances and certifications executed by CCCIC, and with all other Legal
Requirements.
15.3 SUBRECIPIENT agrees to cooperate with CCCIC in the development,
implementation and maintenance of record-keeping systems and to provide CCCIC with
any data determined by CCCIC, in its reasonable determination and discretion, to be
necessary for its effective fulfillment of its monitoring and evaluation responsibilities.
15.4 SUBRECIPIENT agrees that it will cooperate with CCCIC and HUD in such a
way so as not to obstruct or delay CCCIC or HUD in its monitoring of SUBRECIPIENT's
performance and that it will designate one of its staff to coordinate the monitoring
process as requested by CCCIC and/or HUD staff.
15.5 After each official monitoring visit, CCCIC shall provide SUBRECIPIENT with a
written report of monitoring findings.
15.6 Copies of any fiscal, management, or audit reports by any of SUBRECIPIENT's
funding or regulatory bodies shall be submitted by SUBRECIPIENT to CCCIC's General
Manager or designate within five (5) business days of receipt thereof by
SUBRECIPIENT.
XVI. BONDING AND INSURANCE
16.1 SUBRECIPIENT shall observe sound business practices with respect to
providing such bonding and insurance as would provide adequate coverage for
activities under this HOME AGREEMENT; provided, however, that the foregoing
___ provision_of_this_paragraph-shall in no way be construed or deemed to limit or diminish __
the insurance requirements set forth in the other GRANT Documents with which
SUBRECIPIENT must comply and maintain.
16.2 Upon signing this HOME AGREEMENT and annually thereafter, in addition to
any other requirements and obligations of SUBRECIPIENT in the other GRANT
Documents, SUBRECIPIENT shall provide CCCIC with: (1) proof of timely (i.e. before
past due) payment in full of all taxes assessed against the Property and (2) evidence of
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SUBRECIPIENT's current payment status on all GRANTs in connection with the
Property and the PROJECT.
16.3 Premiums chargeable for any and all insurance referred to in this Article be paid
by SUBRECIPIENT, at its own expense, unless otherwise authorized in writing by
CCCIC ,and such insurance shall be kept in force during and throughout the term of
this HOME AGREEMENT. Such insurance shall not be materially changed, canceled,
terminated or otherwise allowed to expire unless thirty (30) calendar days advance
written notice to such effect is submitted to CCCIC, and it shall be the responsibility of
SUBRECIPIENT to ensure such submission.
16.4 In addition to SUBRECIPIENT's obligation set forth in the other GRANT
Documents to provide CCCIC with Certificates of Insurance evidencing the above-
required insurances prior to the commencement of this HOME AGREEMENT and
thereafter, SUBRECIPIENT must provide to CCCIC certificates evidencing renewals or
replacements of the policies of said insurance at least thirty (30) calendar days prior to
the expiration or cancellation of any such policies. Additionally, SUBRECIPIENT shall
provide CCCIC evidence of the payment of all premiums therefor.
16.5 Actual losses not covered by insurance as required by this Article shall not be
allowable costs under this HOME AGREEMENT, and shall therefore remain the sole
responsibility of SUBRECIPIENT.
16.6 Should SUBRECIPIENT, either directly or indirectly, engage in any construction,
rehabilitation, or renovation type activities utilizing funds provided pursuant to this
HOME AGREEMENT, then the current and specific bonding and compliance provisions
required at that time shall prevail.
XVII. INDEMNIFICATION
17.1 SUBRECIPIENT covenants and agrees to FULLY INDEMNIFY and HOLD
HARMLESS, the CCCIC and the elected officials, employees, officers, directors,
volunteers, agents and representatives of the CCCIC, individually or collectively,
from and against any and all costs, claims, liens, damages, losses, expenses,
fees, fines, penalties, proceedings, actions, demands, causes of action, liability
and suits of any kind and nature, including but not limited to, personal or bodily
injury, death and property damage, made upon the CCCIC, directly or indirectly
arising out of, resulting from or related to SUBRECIPIENT's activities under this
- HOME AGREE-MENTincluding any acts or omissions of SUBRECIPIENT, any- -
agent, officer, director, representative, employee, consultant, contractor or
subcontractor of SUBRECIPIENT, and their respective officers, agents,
employees, directors and representatives while in the exercise or performance of
the rights or duties under this HOME AGREEMENT, all without, however, waiving
any governmental immunity available to the CCCIC under Texas law and without
waiving any defenses of the parties under Texas law. IT /S FURTHER
COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN
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WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES,
FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY
AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OFCCCIC, THE
ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS,
AGENTS, AND REPRESENTATIVES OF CCCIC, UNDER THIS HOME AGREEMENT.
The provisions of this INDEMNIFICATION are solely for the benefit of the parties
hereto and not intended to create or GRANT any rights, contractual or otherwise,
to any other person or entity. SUBRECIPIENT shall promptly advise the CCCIC in
writing of any claim or demand against the CCCIC or SUBRECIPIENT known to
SUBRECIPIENT related to or arising out of SUBRECIPIENT's activities under this
HOME AGREEMENT and shall see to the investigation and defense of such claim
or demand at SUBRECIP/ENT's cost. The CCCIC shall have the right, at its option
and at its own expense, to participate in such defense without relieving
SUBRECIPIENT of any of its obligations under this paragraph.
17.2 /t is the EXPRESS INTENT of the pansies to this HOME AGREEMENT that
the INDEMNITY provided for in this Article (Article XVII) is an INDEMNITY
extended by SUBRECIPIENT to INDEMNIFY, PROTECT, and HOLD HARMLESS
the CCCIC from the consequences of the CCCIC'S OWN NEGLIGENCE, provided
however, that the INDEMNITY provided for in this Article SHALL APPLY only
when the NEGLIGENT ACT of the CCCIC is a CONTRIBUTORY OR CONCURRENT
CAUSE of the resultant injury, death, or damage, and shall have no application
when the negligent act of the CCCIC is the sole cause of the resultant injury,
death or damage. SUBRECIPIENT further AGREES TO DEFEND, AT ITS OWN
EXPENSE and ON BEHALF OF THECCCIC AND /N THE NAME OF THE CCCIC, any
claim or litigation brought against the CCCIC and its elected officials, employees,
officers, directors, volunteers, agents, and representatives, in connection with
any such injury, death, or damage for which this INDEMNITY shall apply, as set
forth above.
17.3 It is expressly understood and agreed that SUBRECIPIENT is and shall be
deemed to be an independent contractor and operator responsible to all parties
for its respective acts or omissions and that CCCIC shall in no way be
responsible therefor.
XVIII. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
18.1 SUBRECIPIENT shall comply with all applicable local, state and federal equal
employment opportunity and affirmative action rules, regulations and laws.
18.2 So that CCCIC and HUD can investigate compliance with local, state and federal
equal employment opportunity and affirmative action rules, regulations and laws,
SUBRECIPIENT shall furnish to CCCIC and HUD any and all information and reports
requested by CCCIC or HUD, and shall permit access by CCCIC or HUD of any and all
of its books, records and accounts.
LULAC Apts of the Village Gran[ Agmt Final.doc Page 13 of 31
18.3 In the event of non-compliance by SUBRECIPIENT (or SUBRECIPIENT's sub-
contractors) with .local, state and federal equal employment opportunity and affirmative
action rules, regulations and laws, this HOME AGREEMENT may be canceled,
terminated, or suspended by CCCIC, in whole or in part, and SUBRECIPIENT may be
barred from further contracts with CCCIC.
XIX. NONDISCRIMINATION
19.1 SUBRECIPIENT covenants that it, or its agents, employees or anyone under its
control, will not discriminate against any individual or group on account of race, color,
sex, age, religion, national origin, handicap or familial status, in employment practices
or in the use of or admission to the Property, which said discrimination SUBRECIPIENT
acknowledges is prohibited.
XX. CONFLICT OF INTEREST
20.1 SUBRECIPIENT covenants that neither it nor any member of its governing body
or of its staff presently has any interest, direct or irdirect, which would conflict in any
manner or degree with the performance of services required to be performed under this
HOME AGREEMENT. SUBRECIPIENT further covenants that in the performance of
this HOME AGREEMENT, no persons having such interest shall be employed or
appointed as a member of its governing body or of its staff.
20.2 SUBRECIPIENT further covenants that no member of its governing body or of its
staff shall possess any interest in, or use their position for, a purpose that is or gives the
appearance of being motivated by desire for private gain for themselves or others,
particularly those with which they have family, business, or other ties.
20.3 No member of CCCIC's governing body or of its staff who exercises any function
or responsibility in the review or approval of the undertaking or carrying out of this
HOME AGREEMENT shall:
(A) Participate in any decision relating to this HOME AGREEMENT, which
may affect his or her personal interest or the interest of any corporation,
partnership, or association in which he or she has a direct or indirect
interest; or
(B) Have any direct or indirect interest in this HOME AGREEMENT or the
-- -- proceeds thereof.
XXI. NEPOTISM
21.1 SUBRECIPIENT shall not employ in any paid capacity any person who is a
member of the immediate family of any person who is currently employed by
SUBRECIPIENT or who is a member of SUBRECIPIENT's governing body. The term
"member of immediate family" shall include: wife, husband, son, daughter, mother,
LULAC Ap[s of [he Village Gran[ Agmt FinaLdoc Page 14 of 31
father, brother, sister, in-law, aunt, uncle, cousin, nephew, niece, step-parent, step-
child. half-brother and half-sister.
XXII. POLITICAL ACTIVITY
22.1 None of the performance rendered hereunder shall involve, and no portion of the
funds received hereunder shall be used, either directly or indirectly, for any political
activity including, but not limited to, an activity to further the election or defeat of any
candidate for public office or for any activity undertaken to influence the passage,
defeat or final content of local, state or federal legislation.
XXIII. SECTARIAN ACTIVITY
23.1 None of the performance rendered hereunder shall involve, and no portion of the
funds received hereunder shall be used, directly or indirectly, for the construction,
operation, maintenance or administration of any sectarian or religious facility or activity,
nor shall said performance rendered or funds received be utilized so as to benefit,
directly or indirectly, any such sectarian or religious facility or activity.
XXIV. INTENTIONALLY DELETED
XXV. PUBLICITY
25.1 When appropriate, as determined by and upon written approval of CCCIC,
SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT pursuant to
the terms of this HOME AGREEMENT. In any news release, sign, brochure, or other
advertising medium disseminating information prepared or distributed by or for
SUBRECIPIENT, however, mention shall be made of HUD funded CCCIC participation
having made this PROJECT possible.
XXVI. PUBLICATIONS
26.1 All published materials and written reports submitted pursuant to this HOME
AGREEMENT shall be originally developed unless otherwise specifically provided for
herein. If material not originally developed is included in a report, however, said
material shall have its source identified, either in the body of the report or by footnote,
regardless of whether the material is in a verbatim or extensive paraphrase format.
- 26.-2 All-published-materials submitted pursuant to this PROJECT shall include the
following reference on the front cover or title page:
"This document was prepared in accordance with the City of
Corpus Christi's HOME Investment Partnership Program,
with funding received from the United States Department of
Housing and Urban Development."
LULAC Apts of [he Village Gran[ Agm[ Final.doc Page I S of 31
XXVII. RIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL
27.1 All finished or unfinished reports, documents, data, studies, surveys, charts,
drawings, maps, models, photographs, designs, plans, schedules, or other appended
documentation to any proposal or contract, and any responses, inquiries,
correspondence and related material submitted by SUBRECIPIENT, shall, upon
receipt, become the property of CCCIC.
XXVIII. FUNDING APPLICATIONS
28.1 SUBRECIPIENT agrees to notify CCCIC each time SUBRECIPIENT is preparing
or submitting any application for funding with regard to this PROJECT. When so
preparing or submitting such an application, the following procedures shall be adhered
by SUBRECIPIENT:
(A) When the funding application is in the planning stages, a description of
the funds being applied for and of the proposed use for the funds shall be
submitted by SUBRECIPIENT to CCCIC;
(B) Upon award or notice of award, whichever is sooner, SUBRECIPIENT
shall notify CCCIC of the award or notice thereof, and of the effect, if any,
of such funding on the funds and programs agreed to hereunder. Such
notice shall be submitted by SUBRECIPIENT to CCCIC, in writing, within
ten (10) business days of receipt of the award or notice thereof, together
with copies of the applicable budget, personnel complement, program
description, and contract; and
(C) Except pursuant to prior written consent of CCCIC, SUBRECIPIENT shall
not use, either directly or indirectly, resources provided hereunder to
prepare applications for other federal, other public or private funds, nor
shall said resources be used, directly or indirectly, as contributions.
XXIX. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER
RESPONSIBILITY MATTERS
29.1 SUBRECIPIENT certifies, and the CCCIC relies thereon in execution of this
HOME AGREEMENT, that neither SUBRECIPIENT nor its Principals are presently
--- debarrgd~uspendedrproposed for debarment, or declared ineligible, or voluntarily__
excluded for the award, proposed for debarment, or declared ineligible, or voluntarily
excluded for the award of contracts by any Federal governmental agency or
department.
29.2 "Principals," for the purposes of this certification, means officers, directors,
owners, partners, and persons having primary management or supervisory
LULAC Apts of the Village Grant Agmt Final.doc Page 16 of 31
responsibilities within a business entity (e.g., general manager, plant manager, head of
subsidiary, division, or business segment, and similar positions).
29.3 SUBRECIPIENT shall provide immediate written notice to CCCIC, in accordance
with Article XLIV, if, at any time during the term of this HOME AGREEMENT, including
any renewals hereof, SUBRECIPIENT learns that its certification was erroneous when
made or has become erroneous by reason of changed circumstances.
29.4 SUBRECIPIENT's certification is a material representation of fact upon which the
CCCIC has relied in entering into this HOME AGREEMENT. Should CCCIC determine,
at any time during this HOME AGREEMENT, including any renewals hereof, that this
certification is false, or should it become false due to changed circumstances, the
CCCIC may terminate this HOME AGREEMENT in accordance with Article XXXIV
Termination.
XXX. SUB-CONTRACTING
30.1 Any other clause of this HOME AGREEMENT to the contrary notwithstanding,
none of the work or services covered by this HOME AGREEMENT shall be sub-
contracted without the prior written approval of CCCIC. Any work or services approved
for sub-contracting hereunder, however, shall be sub-contracted only by written contract
or agreement and, unless specific waiver is granted in writing by CCCIC, shall be
subject by its terms to each and every provision of this HOME AGREEMENT.
Compliance by subcontractors with this HOME AGREEMENT shall be the responsibility
of SUBRECIPIENT.
30.2 SUBRECIPIENT agrees that no subcontract approved pursuant to this HOME
AGREEMENT shall provide for payment on a "cost plus a percentage of cost" basis.
30.3 Despite CCCIC approval of asub-contract, CCCIC shall in no event be obligated
to any third party, including any sub-contractor of SUBRECIPIENT, for performance of
work or services, nor shall CCCIC funds ever be used for payment of work or services
performed prior to the date of HOME AGREEMENT execution or extending beyond the
date of HOME AGREEMENT expiration.
XXXI. CHANGES AND AMENDMENTS
31.1 Except when the terms of this HOME AGREEMENT expressly provide otherwise,
any-alterations, -additions, or deletions to the terms hereof shall be by amendment in- - -
writing executed by authorized representatives of both CCCIC and SUBRECIPIENT.
31.2 Whenever and as often as deemed necessary by CCCIC ,CCCIC may request
and require changes to SUBRECIPIENT's Construction Schedule required under this
HOME AGREEMENT (to be submitted in accordance with Article VII); such changes as
requested or required by CCCIC, however, must be by written amendment hereto and
may incorporate therein increases or decreases in the total monetary obligation of
LULAC Apts of the Village Grant Agmt Final.doc Page 17 of 31
CCCIC to SUBRECIPIENT as provided for pursuant to the terms, provisions and
conditions of this HOME AGREEMENT.
31.3 Except pursuant to (a) prior submission by SUBRECIPIENT of detailed
information regarding budget and PROJECT revisions, and (b) prior written approval
thereof by ,CCCIC, SUBRECIPIENT shall neither make transfers between or among
line items approved within the budget categories set forth in the Construction Schedule
nor shall SUBRECIPIENT alter, add to, or delete from the Construction Schedule.
Instead, SUBRECIPIENT shall request budget revisions in writing and in a form
prescribed by CCCIC; such request for revisions, however, shall not increase the total
monetary obligation of CCCIC as provided for pursuant to this HOME AGREEMENT,
nor shall said revisions significantly change the nature, intent, or scope of the
PROJECT funded hereunder.
31.4 In the event that the level of funding for SUBRECIPIENT or for the PROJECT
described herein is altered, SUBRECIPIENT shall submit, immediately upon request by
CCCIC, revised budget and PROJECT information so as to enable re-evaluation by
CCCIC of the original funding levels set forth in the Construction Schedule.
31.5 It is understood and agreed by the parties hereto that changes in local, state and
federal rules, regulations or laws applicable hereto may occur during the term of this
HOME AGREEMENT and that any such changes shall be automatically incorporated
into this HOME AGREEMENT without written amendment hereto, and shall become a
part hereof as of the effective date of the rule, regulation or law.
31.6 SUBRECIPIENT further agrees to notify CCCIC of any changes in personnel or
governing board composition, such notice to be provided within five (5) business days
of the change.
XXXII. NOTICE AND CURE
32.1 Notwithstanding anything to the contrary set forth herein or in any of the other
GRANT Documents, where it is determined that SUBRECIPIENT has failed to comply
with any of the terms and/or conditions of this HOME AGREEMENT and/or any of the
terms of any of the other GRANT Documents, CCCIC shall notify SUBRECIPIENT of
such determination and shall GRANT SUBRECIPIENT ten (10) days to complete
corrective monetary violations or defaults and thirty (30) days to complete corrective
non-monetary violations or defaults prior to enforcing any of it remedies set forth herein
_ or_in_any~f_the_other_GRANT Documents.
XXXIII. SUSPENSION OF FUNDING
33.1 Upon reasonable determination by CCCIC of SUBRECIPIENT's failure to timely
and properly perform pursuant to the provisions of this HOME AGREEMENT beyond
any applicable notice and cure period, or of any of the other GRANT Documents
beyond any applicable notice and cure period, CCCIC, without limiting or waiving any
LULAC Ap[s of [he Village Grant Agmt Final.doc Page 18 of 31
rights it may otherwise have, may, at its discretion, withhold any, all and further
payments to SUBRECIPIENT.
33.2 The period of funding suspension shall be of such duration as CCCIC deems
appropriate to accomplish corrective action, but in no event shall it exceed thirty (30)
calendar days. Upon expiration of the suspension period:
(A) Should CCCIC determine that the default or deficiency has been cured,
SUBRECIPIENT may, at CCCIC's option, be restored to full compliance
status and paid all eligible funds withheld during the suspension period; or
(B) Should CCCIC determine continued non-compliance, the provisions of
Article XXXIV hereunder may be effectuated.
XXXIV. TERMINATION
34.1 "Termination" of this HOME AGREEMENT shall mean termination by expiration
of the HOME AGREEMENT term or earlier termination pursuant to any of the provisions
hereof.
34.2 CCCIC may terminate this HOME AGREEMENT for any of the following
reasons:
(A) Neglect or failure by SUBRECIPIENT to perform or observe any of the
terms, conditions, covenants or guarantees of 1) this HOME
AGREEMENT, 2) any of the other GRANT Documents, or 3) any other
valid, written contract or amendment between CCCIC and
SUBRECIPIENT, beyond any applicable notice and cure period;
(B) Termination or reduction of funding of the PROJECT by HUD;
(C) Failure by SUBRECIPIENT to timely cure any default or deficiency basis
for suspension of funding hereunder within any applicable notice and cure
period;
(D) Finding by CCCIC that SUBRECIPIENT:
(1) is in such unsatisfactory financial condition as to endanger
__- ___- ___ ___performance under this HOME AGREEMENT, including, but not_
limited to:
(a) The apparent inability of SUBRECIPIENT to meet its
financial obligations;
LULAC Ap[s of the Village Gran[ Agmt Final.doc Page 19 of 31
(b) Items that reflect detrimentally on the credit worthiness of
SUBRECIPIENT, including, but not limited to, liens,
encumbrances, etc., on the assets of SUBRECIPIENT;
(2) has allocated inventory to this HOME AGREEMENT materially
exceeding reasonable requirements; or
(3) is delinquent, in the ordinary course of business, in the payment of
taxes or in the payment of costs of performance of or related to this
HOME AGREEMENT or the PROJECT;
(E) Appointment of a trustee, receiver or liquidator for all or a material part of
SUBRECIPIENT's Property, or institution of bankruptcy, reorganization,
rearrangement of or liquidation proceedings by or against
SUBRECIPIENT, and the same is not dismissed within ninety (90) days;
(F) The entry by a court of competent jurisdiction of a final order providing for
the modification or alteration of the rights of SUBRECIPIENT's creditors;
(G) Inability by SUBRECIPIENT to conform to changes in local, state and
federal rules, regulations and laws as provided for in Article IV and in
paragraph number 31.5 of this HOME AGREEMENT and all Legal
Requirements; and
(H) Violation by SUBRECIPIENT of any rule, regulation or law to which
SUBRECIPIENT is bound or shall be bound under the terms of this
HOME AGREEMENT.
34.3 SUBRECIPIENT may terminate this HOME AGREEMENT for any of the
following reasons:
(A) Cessation of outside funding upon which SUBRECIPIENT depends for
performance hereunder; SUBRECIPIENT may opt, however, within the
limitations of this HOME AGREEMENT and with the written approval of
CCCIC, to seek an alternative funding source, provided that the
termination of funding by the initial outside source was not occasioned by
a breach of agreement as defined herein or as defined in a contract
between SUBRECIPIENT and the funding source in question; or
(B)
Upon the dissolution of the SUBRECIPIENT organization, provided such
dissolution was not occasioned by a breach of this HOME AGREEMENT.
34.4 Upon a decision to terminate by either CCCIC or SUBRECIPIENT, written notice
of such, and the effective date thereof, shall be immediately provided to the other party.
LULAC Apts of [he Village Grant Agmt Final.doc Page 20 of 31
34.5 Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or
otherwise terminate any and all outstanding orders and subcontracts, which relate to
the performance of this HOME AGREEMENT and the PROJECT. To this effect,
CCCIC shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any
expense, encumbrances or obligations whatsoever incurred after the date of
termination or which was not canceled, withdrawn or otherwise terminated by
SUBRECIPIENT in accordance with the provisions of this paragraph.
34.6 Upon receipt of notice to terminate, all finished or unfinished documents, data,
studies, surveys, charts, drawings, maps, models, photographs, designs, plans,
schedules, or other appended documentation to any proposal or contract, prepared by
or on behalf of SUBRECIPIENT under this HOME AGREEMENT shall, at the option of
CCCIC, and in accordance with Article XXVII hereof, become the property of CCCIC
and shall, if requested or agreed to by CCCIC, be delivered by SUBRECIPIENT to
CCCIC in a timely and expeditious manner.
34.7 Within thirty (30) calendar days after receipt of notice to terminate,
SUBRECIPIENT shall submit a statement to CCCIC, indicating in detail the services
performed under this HOME AGREEMENT prior to the effective date of termination.
34.8 Any termination of this HOME AGREEMENT as herein provided shall not relieve
SUBRECIPIENT from the payment of any sum(s) that shall then be due and payable or
become due and payable to CCCIC hereunder or as provided for at law or in equity, or
any claim for damages then or theretofore accruing against SUBRECIPIENT hereunder
or by law or in equity, and any such termination shall not prevent CCCIC from enforcing
the payment of any such sum(s) or claim for damages from SUBRECIPIENT. Instead,
all rights, options, and remedies of CCCIC contained in this HOME AGREEMENT shall
be construed and held to be cumulative and no one of them shall be exclusive of the
other, and CCCIC shall have the right to pursue any one or all of such remedies or any
such other remedy or relief which may be provided by law or in equity whether or not
stated in this HOME AGREEMENT.
34.9 Should this HOME AGREEMENT be terminated by either party hereto for any
reason, if the work required hereunder of SUBRECIPIENT is not fully completed to the
reasonable satisfaction of CCCIC in accordance with the terms of this HOME
AGREEMENT, SUBRECIPIENT shall refund any and all sums of money paid by CCCIC
to SUBRECIPIENT within ten (10) business days of CCCIC's written request therefor.
__- 34~1Q1.lpnn_ferminatio^ _of this HOME AGREEMENT by CCCIC under paragraph__
number 35.2(A) hereof, SUBRECIPIENT shall be barred from future contracts with
CCCIC absent the express written consent of the General Manager, or his designate, to
contract with CCCIC.
LULAC Ap[s of the Village Grant Agmt Final.doc Page 21 of 31
XXXV. NOTIFICATION OF ACTION BROUGHT
35.1 In the event that any claim, demand, suit, proceeding, cause of action or other
action (hereinafter collectively referred to as "claim") is made or brought against
SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CCCIC within five
(5) business days after itself being notified. SUBRECIPIENT's notice to CCCIC shall
state the date and hour of notification to SUBRECIPIENT of the claim; the names and
addresses of those instituting or threatening to institute the claim, the basis of the claim;
and the name(s) of any others against whom the claim is being made or threatened.
Written notice pursuant to this Article shall be delivered either personally or by mail in
accordance with Article XLIV of this HOME AGREEMENT.
XXXVI. ASSIGNMENTS
36.1 SUBRECIPIENT shall not transfer, pledge or otherwise assign this HOME
AGREEMENT, any interest in and to same, or any claim arising thereunder, without first
procuring the written approval of CCCIC's General Manager. Any attempt at transfer,
pledge or other assignment shall be void ab initio and shall confer no rights upon any
third person.
XXXVII. NO WAIVER OF PROVISIONS OR COMPLIANCE
37.1 Any failure by CCCIC to insist, or any election by CCCIC not to insist, upon the
strict performance by SUBRECIPIENT or any guarantor of the PROJECT or the
GRANT, of any of the terms, provisions or conditions of the GRANT Documents shall
not be deemed to be a waiver of same or of any other term, provision or condition
thereof, and CCCIC shall have the right at any time thereafter to insist upon strict
performance by SUBRECIPIENT of any and all of same. Additionally, no advance by
CCCIC of any GRANT proceeds shall in any way preclude CCCIC from thereafter
declaring a failure by SUBRECIPIENT to comply with any of the terms, provisions or
conditions of the GRANT Documents an event of default or, as applicable, a reason for
termination in accordance with Article XXXIV hereof.
XXXVIII. SEVERABILITY OF PROVISIONS
38.1 If any clause or provision of this HOME AGREEMENT is held invalid, illegal or
unenforceable under present or future federal, state or local laws, including but not
limited to the CITY's City Charter, CITY's City Code, or ordinances of the City of Corpus
--Christi,T-exas-then-and in that event it is the intention of the parties hereto that such--
invalidity, illegality or unenforceability shall not affect any other clause or provision
hereof and that the remainder of this HOME AGREEMENT shall be construed as if
such invalid, illegal or unenforceable clause or provision was never contained herein; it
is also the intention of the parties hereto that in lieu of each clause or provision of this
HOME AGREEMENT that is invalid, illegal, or unenforceable, there be added as a part
of the HOME AGREEMENT a clause or provision as similar in terms to such invalid,
LULAC Apis of [he Village Gran[ Agm[ Final.doc Page 22 of 31
illegal or unenforceable clause or provision as may be possible, legal, valid and
enforceable.
XXXIX. RENEWAL NOT AUTOMATIC
39.1 Funding under this HOME AGREEMENT and any amendments or waivers that
may be made or granted hereunder shall not be automatically renewed on the
anniversary date of this HOME AGREEMENT. To the contrary, funding of any
PROJECT requiring contract execution shall be achieved only pursuant to approval of
the City Council of the City of Corpus Christi and the governing body of the CCCIC.
XL. NON-WAIVER OF PERFORMANCE
40.1 No waiver by CCCIC of a breach of any of the terms, conditions, covenants or
guarantees of this HOME AGREEMENT shall be construed or held to be a waiver of
any succeeding or preceding breach of the same or any other term, condition, covenant
or guarantee herein contained. Further, any failure of CCCIC to insist in any one or
more cases upon the strict performance of any of the covenants of this HOME
AGREEMENT, or to exercise any option herein contained, shall in no event be
construed as a waiver or relinquishment for the future of such covenant or option. In
fact, no waiver, change, modification or discharge by either party hereto of any
provision of this HOME AGREEMENT shall be deemed to have been made or shall be
effective unless expressed in writing and signed by the party to be charged.
40.2 No act or omission of CCCIC shall in any manner impair or prejudice any right,
power, privilege, or remedy available to CCCIC hereunder or by law or in equity, such
rights, powers, privileges, or remedies to be always specifically preserved hereby.
40.3 No representative or agent of CCCIC may waive the effect of the provisions of
this Article.
XLI. SPECIAL CONDITIONS
41.1 SUBRECIPIENT shall prepare accurate and complete monthl~r performance
measures reports and submit to the CCCIC on or before the tenth (10 h) day of each
month, with each report reflecting the previous month. Each such report shall contain
details of all inputs (i.e., resources) and outputs (i.e., utilization of resources) in
conjunction with efficiency and effectiveness measures regarding the PROJECT. The
- --form-of--each-report must-meet the approval of CCCIC, and SUBRECIPIENT agrees to -
make any and all changes to such form as may be recommended by CCCIC, as well as
provide additional information in connection with such reports as may be requested by
CCCIC.
41.2 SUBRECIPIENT shall ensure that all professional and contractual services in
connection with PROJECT implementation shall be procured in accordance with 24
LULAC Apts of [he Village Grant Agmt Final.doc Page 23 of 3I
CFR 570, Part 85, The Common Rule, Procurement, Competitive Standards and all
other federal laws and regulations applicable to the PROJECT.
41.3 The PROJECT shall have eight (8) units designated as HOME-assisted.
41.4 INTENTIONALLY LEFT BLANK.
41.5 SUBRECIPIENT understands and acknowledges that CCCIC shall not be liable
for any cost, or portion thereof, which is or was incurred in connection with an activity of
SUBRECIPIENT where prior written authorization from CCCIC is required for the
activity and such authorization was not first procured, or CCCIC has requested that
SUBRECIPIENT furnish data concerning an activity prior to proceeding further
therewith and SUBRECIPIENT nonetheless proceeds without first submitting the data
and receiving approval thereof.
41.6 SUBRECIPIENT shall forward to CCCIC for approval a completed copy of
Homeownership Assistance/Rental Housing PROJECT Setup Report (HUD form
40094) for the HOME Program Integrated Disbursement Information System (IDIS) for
each activity under this HOME AGREEMENT, prior to initiating any activities and/or
incurring any PROJECT activity cost.
41.7 SUBRECIPIENT understands and agrees that Davis-Bacon Wage and Hour
Requirements shall apply to HOME funded PROJECTs when, in accordance with 24
CFR 92.354, twelve (12) or more units are rehabilitated or newly constructed.
SUBRECIPIENT agrees to include said wage requirements in all bid advertisements
and shall require same in all relevant third-party contracts, prior to the commencement
of any construction activity.
41.8 SUBRECIPIENT shall accurately complete a PROJECT Completion Report
(HUD form 40096) upon completion of each PROJECT activity, and forward the original
completed form to the CCCIC within thirty (30) business days after SUBRECIPIENT's
receipt of the final remittance of HOME AGREEMENT funds by CCCIC for such
PROJECT activity. SUBRECIPIENT understands and acknowledges that new
PROJECT Set-up Reports will not be processed by CCCIC if there are any outstanding
PROJECT Completion Reports due.
41.9 SUBRECIPIENT shall ensure that all units constructed with assistance made
available to SUBRECIPIENT by CCCIC under this HOME AGREEMENT shall comply
_with_the_provisions_set forth in 24 CFR 92.251, Property Standards and shall comply_
with the CITY's City codes .
41.10 SUBRECIPIENT shall complete all Site Specific Environmental Review Records
for each property/parcel of this PROJECT and submit such records to CCCIC. CCCIC
must approve in writing such records prior to any PROJECT activity cost being incurred.
LULAC Apts of [he Village Grant Agmt Final.doc Page 24 of31
41.11 To the greatest extent feasible, agreements for work to be performed in
connection with this PROJECT shall be awarded to business concerns including, but
not limited to, individuals or firms doing business in the field of planning, consulting,
design, architecture, building construction, rehabilitation, maintenance, or repair, that
are located in or owned in substantial part by persons residing in the same metropolitan
area or non-metropolitan county as this PROJECT.
41.12 SUBRECIPIENT understands and agrees that all HOME assisted units in the
PROJECT herein, shall only be leased to and occupied by households that are eligible
as low-income families, in accordance with HUD Section 8 Income Guidelines.
41.13 SUBRECIPIENT shall determine which HOME assisted units in the PROJECT
herein shall be floating, and provide said information to CCCIC immediately upon its
determination. SUBRECIPIENT understands and agrees that time is of the essence in
making said determination.
41.14 SUBRECIPIENT understands and agrees that, pursuant to 24 CFR 92.252, its
maximum or High rents for its HOME assisted affordable units in the PROJECT herein
shall be the lesser of:
(A) The fair market rent for existing housing for comparable units in the area
as established by HUD under 24 CFR 888.111; or
(B) Arent that does not exceed thirty percent (30%) of the adjusted income of
a family whose annual income equals sixty-five percent (65%) of the
median income for the area, as determined by HUD, with adjustments for
the number of bedrooms in the unit.
41.15 SUBRECIPIENT shall, in accordance with all applicable HOME regulations,
determine and utilize rent schedules and limits that ensure that the rent charged for all
PROJECT units remains in compliance with the HOME regulations and standards
during the period of affordability. Furthermore, SUBRECIPIENT shall lease to qualified
families not less than the minimum allowed percentage of Low and High rent HOME
assisted affordable units required under the HOME regulations during the period of
affordability.
41.16 SUBRECIPIENT further understands and agrees that Low rent HOME assisted
affordable units must meet one (1) of the following Low HOME rent requirements:
(A) The rent shall not exceed thirty percent (30%) of the annual income of a
family whose income equals fifty percent (50%) of the median income for
the area, as determined by HUD, with adjustments for smaller and larger
families; or
(B) The rent shall not exceed thirty percent (30%) of the family's adjusted,
monthly income. If the unit receives Federal or State PROJECT-based
LULAC Apts of the Village Grant Agmt Final.doc Page 25 of 31
rental subsidy and the very low-income family pays, as a contribution
toward rent, not more than thirty percent (30%) of the family's adjusted
income, then the maximum rent (i.e., tenant contribution plus PROJECT-
based rental subsidy) is the rent allowable under the Federal or State
PROJECT-based rental subsidy program.
41.17 INTENTIONALLY LEFT BLANK.
41.18 INTENTIONALLY LEFT BLANK.
41.19 SUBRECIPIENT shall not discriminate against any certificate or voucher holder
in accordance to 24 CFR Part 982, Section 8, Tenant Based Assistance: Unified Rule
for Tenant-Based Assistance under the Section 8 Rental Certificate Program and the
Section 8 Rental Voucher Program or to the holder of a comparable document
evidencing participation in a HOME tenant-based rental assistance program.
41.20 SUBRECIPIENT understands and agrees that HOME assisted units shall meet
the affordability requirements for not less than twenty (20) years, commencing upon
PROJECT completion.
41.21 CCCIC shall provide SUBRECIPIENT with information on updated HUD HOME
rent limits so that rents may be adjusted (not to exceed the maximum HOME rent limits
provided by HUD to CCCIC upon HUD's determination of fair market rents and median
incomes) in accordance with this HOME AGREEMENT. SUBRECIPIENT shall annually
provide CCCIC with documentation on rents and occupancy of HOME assisted units to
demonstrate compliance.
41.22 SUBRECIPIENT understands and agrees that any increase in rents for HOME
assisted units is subject to the provisions of outstanding leases, and in any event,
SUBRECIPIENT shall provide tenants of those units not less than thirty (30) days prior
written notice before implementing any increase in rents.
41.23 SUBRECIPIENT understands and agrees that the income of each tenant shall
be determined initially in accordance with 24 CFR 92.203(a)(1)(i). SUBRECIPIENT
shall annually re-examine each tenant's annual income during the period of affordability
in accordance with one of the options in 24 CFR 92.203.
41.24 SUBRECIPIENT shall ensure that HOME assisted units continue to qualify as
_ __ ____~fforsiable _ho~a ing_despite a temporary noncompliance caused by increases in the
incomes of existing tenants if actions satisfactory to CCCIC are being taken to ensure
that all vacancies are filled in accordance with 24 CFR 92.252 until the noncompliance
is corrected.
41.25 SUBRECIPIENT shall ensure that tenants who no longer qualify as low-income
families must pay, as rent, the lesser of the ampunt payable by the tenant under State
or local law or thirty percent (30%) of the family's adjusted income, except that tenants
LULAC Apts of [he Village Grant Agmt Final.doc Page 26 of 3I
of HOME assisted units that have been allocated low-income housing tax credits by a
housing credit agency pursuant to section 42 of the Internal Revenue Code of 1986 (26
U.S.C. 42) must pay rent governed by section 42. If SUBRECIPIENT has designated
the HOME units as floating pursuant to Section 41.13 herein, SUBRECIPIENT shall not
require tenants who no longer qualify as low-income to pay, as rent, an amount that
exceeds the market rent for comparable, unassisted units in the neighborhood.
41.26 SUBRECIPIENT shall submit to CCCIC apost-construction appraisal promptly
upon completion of the PROJECT.
41.27 SUBRECIPIENT acknowledges, understands and agrees to comply with the
following federal regulations as promulgated in Section 3 Clause of the Housing and
Urban Development Act of 1968, as amended, if applicable:
(A) The work to be performed under this HOME AGREEMENT is subject to
the requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted PROJECTs covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and
very low income persons, particularly persons who are recipients of HUD
assistance for housing.
(B) The parties to this HOME AGREEMENT agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As
evidenced by their execution of this HOME AGREEMENT, the parties to
this HOME AGREEMENT certify that they are under no contractual or
other impediment that would prevent them from complying with the Part
135 regulations.
(C) The SUBRECIPIENT agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The
notice shall describe the Section 3 preference, shall set forth minimum
_-numlZet~nd_job titles subject to hire, availability of apprenticeship and_
training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
(D) SUBRECIPIENT agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR Part 135,
and agrees to take appropriate action, as provided in an applicable
LULAC Apts of the Village Gran[ Agm[ FinaLdoc Page 27 of 31
provision of the subcontract or in this Section 3 clause upon a finding that
the subcontractor is in violation of the regulations in 24 CFR Part 135.
SUBRECIPIENT will not subcontract with any subcontractor where
SUBRECIPIENT has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR Part 135.
(E) SUBRECIPIENT will certify that any vacant employment positions,
including training positions, that are filled (1) after contractor is selected
but before the contract is executed, and (2) with persons other than those
to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent
SUBRECIPIENT's obligations under 24 CFR Part 135.
(F) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this HOME AGREEMENT for default, and
debarment or suspension from further HUD-assisted contracts.
(G) With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work to
be performed under this HOME AGREEMENT. Section 7(b) requires that
to the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award
of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provision of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section 7(b).
XLII. ENTIRE -AGREEMENT
42.1 This HOME AGREEMENT, along with the other GRANT Documents, constitutes
the final and entire agreement between the parties hereto and contains all of the terms
and conditions agreed upon. No other agreements, oral or otherwise, regarding the
subject matter of this HOME AGREEMENT shall be deemed to exist or to bind the
parties hereto unless same be in writing, dated subsequent to the date hereof, and duly
executed by the parties.
__ XLiII.INTERPRETATION
43.1 In the event any disagreement or dispute should arise between the parties
hereto pertaining to the interpretation or meaning of any part of this HOME
AGREEMENT or its governing rules, regulations, laws, codes or ordinances, CCCIC, as
the party ultimately responsible to HUD for matters of compliance, shall have the final
authority to render or secure an interpretation.
LULAC Apts of [he Village Grant Agm[ FinaLdoc Page 28 of 3I
XLIV. NOTICES
44.1 All notices, demands, requests or other communications to be sent by one party
to the other hereunder or required by law shall be in writing and shall be deemed to
have been validly given or served by delivery of the same in person to the intended
addressee, or by depositing the same with Federal Express or another reputable private
courier service for next business day delivery to the intended addressee at its address
set forth below or at such other address as may be designated by such party as herein
provided, or by depositing the same in the United States mail, postage prepaid,
registered or certified mail, return receipt requested, addressed to the intended
addressee at its address set forth below or at such other address as may be designated
by such party as herein provided. All notices, demands and requests shall be effective
upon such personal delivery, or one (1) business day after being deposited with the
private courier service, or three (3) business days after being deposited in the United
States mail as required above. Rejection or other refusal to accept or the inability to
deliver because of changed address of which no notice was given as herein required
shall be deemed to be receipt of the notice, demand or request sent. Service of any
notice required by Texas Property Code Section 51.002, as the same may be
amended, shall be effective when the requirements to that statute are met. The
following are the addresses of LENDER and SUBRECIPIENT for all purposes in
connection herewith:
CCCIC:
Corpus Christi Community Improvement Corporation
1201 Leopard St.
Corpus Christi, TX 78401
Attn: General Manager
SUBRECIPIENT:
The Apartments of the Village
1417 Horne Road
Corpus Christi, TX 78416-2002
Attn: Executive Director
By giving to the other party hereto at least ten (10) days' prior, written notice thereof in
accordance with the provisions hereof, the parties hereto shall have the right from time
_ ___to_time_to_change_their_respective addresses and each shall have the right to specify as___
its address any other address.
XLV. PARTIES BOUND
45.1 This HOME AGREEMENT shall be binding on and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, legal
LULAC Ap[s of [he Village Grant Agm[ rinal.doc Page 29 of 31
representatives, successors and .assigns, except as otherwise expressly provided
herein.
XLVI. GENDER
46.1 Words of gender used in this HOME AGREEMENT shall be held and construed
to include the other gender, and words in the singular number shall be held to include
the plural, unless the context otherwise requires.
XLVII. RELATIONSHIP OF PARTIES
47.1 Nothing contained herein shall be deemed or construed by the parties hereto, or
by any third party, as creating the relationship of principal and agent, partners, joint
venturers or any other similar such relationship between the parties hereto.
47.2 It is expressly understood and agreed that SUBRECIPIENT is and shall be
deemed to be an independent contractor and operator responsible to all parties for its
respective acts or omissions and that CCCIC shall in no way be responsible therefor.
XLVIII. TEXAS LAW TO APPLY
48.1 THIS HOME AGREEMENT SHALL BE CONSTRUED UNDER AND IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL
OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE IN
NUECES COUNTY, TEXAS.
XLIX. CAPTIONS
49.1 The captions contained in this HOME AGREEMENT are for convenience of
reference only, and in no way limit or enlarge the terms andlor conditions of this HOME
AGREEMENT.
XLX. SUBORDINATION
50.1 INTENTIONALLY LEFT BLANK.
LULAC Apis of the Village Grant Agmt FinaLdoc Page 30 of 31
EXECUTED in duplicate originals this the ~~day of ~ 2008.
CCCIC:
ATTEST:
Armando Chapa
Secretary
SUBRECIPIENT:
THE APARTMENTS OF THE VILLAGE,
~-
Executive Direct
CORPUS CHRISTI COMMUNITY
IMPROVEMENT CORPORATION
r
' ~ ~dG~-
`A el .Escobar
General Manager ~ eC I
,~,,,, AUTHUNIZkt-
er Coulicll. i ~`~ °~
CFf;RFTAR~
a Texas nonprofit corporation
~ ~ 1-~~~
Date
(ACKNOWLEDGMENT)
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this ~a~v~ day of
acv-.,~.•~- 2008, by `~~~~ ~c~~er~ ,the
Executive Director of The Apartments of the illage, a Texas nonprofit corporation, on
behalf of the corporation.
Attachments:
Exhibit "A" - Property Description
Exhibit "B" -Declaration of Restrictive Covenant
Exhibit "C" -Budget and Construction Schedule
Exhibit "D" -Other Federal Requirements
Exhibit "E" - Certifiication Against Lobbying
J~ tS.,~ ~~a~1. l~e~
NOTARY PUBLIC
STATE OF TEXAS
N ~~~ N i
•f~ MONA KOiiTER WELLS
~ Notary pabHc, State of Texea
My Commisalon Expkea
~ fabmaY 91, 2011
Attachment "A"
Parce
Lot C, KreaEncTRncr, an AddAion to the City of Corpus Christi, Nueces County,
Texas, as shown by the map or plat thereof recorded in Volume 22, Page 69,
Map Records, Nueces County, Texas, to which reference is here made for atl
pertinent purposes.
Parcel
A triangular tract of land containing 1.42 acres, more or lass, adjoining and lying
West of Port Avenue and bordered on the North antl South by the Missouri
Pack Railroad and being out of the Henry Cowing 105 acre tract of land,
sometimes referred to as Traci Four (4) of the Cowing Acreage, more
particulady described as follows, to-wit:
BecINNINC at the point where the Northwesterly boundary of Port Avenue
intersects the curved Northeasterly boundary of the right of way of the Westery
branch of the San Antonio, Uvalde and Gulf Railroad Company's Y trail; for tha
South corner of this tract;
7neNCe in a Northeasterly direction with said Northwesterly boundary of Port
Ave., 324.12 feet, more or less, to the intersection of the Northwesterly boundary
of Port Ave. with the Southerly houndary line of the San Antonio, Uvalde and
Gulf Railway Company's tract for the Easterly corner of this tract;
Tr+eNCE in a Westerly direction along the Southerly boundary Tine of the San
Antonio, Uvalde and Gulf Railroad Company tract, 545.78 feet, more or less, to
the point of intersection with the Southwesterty branch of the San Antonio,
Uvalde and Gulf Railroad Company's Y Tract for the most Westerly corner of this
tract;
THENCE in a Southeastedy direction with the Northeasterly boundary of the
Southwesterly branch of the San Antonio, Uvalde and Gult Railroad's Y curved
right of way, the arc of a circular curve of 789.08 feet radius, 441.04 feet, more
or less, to the point of beginning.
EXHIBIT B
COVENANT TO BIND PROPERTY FOR PERIOD OF AFFORDABILITY
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Pursuant to agreements entered into between the Corpus Christi Community
Improvement Corporation ("CCCIC") and The Apartments of the Village ("Village"),
executed of even date herewith, which agreement is incorporated in this instrument by
reference as if fully set out herein ("Agreement"), Village accepted federal funds, in
conjunction with the United States Department of Housing and Urban Development's
Home Investment Partnership Program ("HOME Program") administered by the CCCIC,
for rehabilitation of the following property:
Lot C, KLEBERG TRACT, an Addition to the City of Corpus
Christi, Nueces County, Texas, as shown by the map or plat
thereof recorded in Volume 22, Page 69, of the Map
Records of Nueces County, Texas, and commonly known by
its street address of 402 N. Port Street, located in Corpus
Christi, Nueces County, Texas (hereinafter referred to as the
"Property").
Pursuant to the terms, conditions, and covenants contained within the Agree-
ment, as owner of the Property and in consideration of receiving the federal funds,
Village agrees to bind the Property with the affordability requirements specified in Title
24, Part 92.252, of the United. States Code of Federal Regulations, for a period of not
less than twenty (20) years from the date of acquisition of the property, such date of
completion presently unknown but anticipated to be December 20, 2008.
This instrument constitutes a covenant running with the land and binds all
successors, assigns, and transferees of the Property, such Property being subject to
this instrument.
THE APAjRJT/I
_'~'
Executive Di
Printed Nam
TS OF THE VILLAGE, a Texas nonprofit corporation
Date: ~~~ ~~ ~~-~ ~
STATE OF TEXAS §
COUNTY OFNUECES §
Subscribed to and sworn before me this ~ day of '(~Q Ceti,-~t-a-~ 2008,
by ~~n.Y, 7 ~~'~e-~~a.~ ,Executive Director of The Apart-
ments of the Vil ge, a Texas nonprofit corporation, on behalf of the corporation.
„
,
„~~
,~ MONA KOSiER WELIS
Notary Public,State of Texas
+~• it `
,,,, My Commission Expires
February 21, ZOl 1
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
Corpus Christi Community Improvement Corporation
Attn: General Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
EXHIBIT "C"
The Apartments of the Village
Oasis at the Park
Acquisition/Rehabilitation Preliminary Schedule
Acquisition.Closing
December 20, 2008
Design
Construction begins
Construction ends
January 2009
September 2009
June 2010
The Apartments of the Village
Oasis at the Park
Acquisition/Rehabilitation Preliminary Budget
Bldg/Land acquisition
Architectural/Engineering
Rehabilitation
Total
$275, 000
$65,000
$60,000
$400,000
EXHIBIT D
OTHER FEDERAL REQUIREMENTS
Village shall comply with all federal, state, and local laws and regulations
applicable to the activities and performances rendered by Village under this Agreement
including, but not limited to, the laws and the regulations specified in Section I through
VI of this Exhibit C.
L CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Cornp.,
p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued
at 24 CFR Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063."
The failure or refusal of Village to comply with the requirements of Executive Order
11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 CFR 107.60;
The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975(42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and
the prohibitions against discrimination against handicapped individuals under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24
CFR Part 8;
The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter
60;
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterer-ise),-and. 1-2-1-3$-(concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to
encourage the use of minority and women's business enterprises in connection with
HOME funded activities. Village must prescribe procedures acceptable to the CCCIC to
establish activities to ensure the inclusion, to the maximum extent possible, of minorities
and women, and entities owned by minorities and women. Village will be required to
identify contracts which have been bid by minority owned, women owned, and by small
disadvantaged businesses;
EXHIBIT D
Page 2 of 3
The Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination
Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing
and Urban Development", at 24 CFR Part 8. By signing this Agreement, Village understands and
agrees that the activities funded herein shall be operated in accordance with 24 CFR Part 8; and
the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 et. seq.), including the use of
a telecommunications device for deaf persons (TDDs) or equally effective
communication system.
II. LEAD-BASED PAINT
Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
III. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR
Parts 1500-1508;
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended;
particularly Section 106(16 U.S.C. Sec. 470f);
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971(36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3
(16 U.S.C. Sec. 469a-1), as amended by the Archeological and Historic Preservation Act
__of 197_4; _
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended,
particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a));
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951),
particularly Section 2(a);
EXHIBIT D
Page 3 of 3
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) as amended,
particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d));
The Safe Drinking Water Act of 1974 (42 U.S.C. Sec. 201. 300(f) et seq.) and (21 U.S.C.
Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e));
The Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. Sec. 1271 et seq.) as amended,
particularly Sections 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Sections 176(c)
and (d) (42 U.S.C. Sec. 7506(c) and (d)):
Farmlands Protection and Policy Act of 1981 (7 U.S.C. Sec. 4201 et seq.); and
24 CFR Part 51, Environmental Criteria arid Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.496a (55 Fed.
Reg. 29309 (July 18, 1990)).
EXHIBIT E
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
f z~ ~,
Signature Date
Print Name of uthorize Individual
Or anization Name