HomeMy WebLinkAboutC2008-563 - 9/9/2008 - NAFY08 HOME FUNDING AGREEMENT
BETWEEN THE
CCCIC
AND
ACCESSIBLE HOUSING RESOURCES
and
1602 SOUTH STAPLES HOUSING, INC.
STATE OF TEXAS §
COUNTY OF NUECES §
This HOME Program funding agreement ("HOME AGREEMENT") is 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,
Accessible Housing Resources, Inc., and 1602 South Staples Housing, Inc. (collectively
"SUBRECIPIENT"), Texas nonprofit corporations, acting by and through their respective
Presidents, who are duly authorized to enter into this HOME AGREEMENT and
hereinafter are referred to as the SUBRECIPIENT'S Executive Director.
WHEREAS, the 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,
"Bay Terrace 811" ("PROJECT");
WHEREAS, the CCCIC wishes to make a GRANT to the SUBRECIPIENT in
connection with the SUBRECIPIENT's 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
construction costs of housing units on real property more particularly described in
Exhibit "A," which exhibit is attached to this HOME AGREEMENT, incorporated herein,
and made a part hereof for all purposes (such real property and all constructed
improvements 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," which is attached to this
HOME AGREEMENT, incorporated herein, and made a part hereof for all purposes.
NOW. THEREFORE, the parties hereto severally and collectively agree, and by
2008-563 ;bound, to the mutual obligations herein contained and to the
09/09/08 plishment of the tasks hereinafter described.
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I. DEFINITIONS
1.1 For purposes of this HOME AGREEMENT, in addition to the definitions and
references set forth throughout this HOME AGREEMENT, including the preamble
portion, 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.
(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 its attachments
and (ii) that certain "Declaration of Restrictive Covenant," of even date
Accessible Housing Resources FY08 Agmt Page 2, of 31
herewith, signed by SUBRECIPIENT in connection with the PROJECT,
which declaration document copy is attached to this HOME AGREEMENT
and incorporated herein as Exhibit "B" and as separately 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.
(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.
II. TERM
2.1 Except as otherwise provided pursuant to the provisions hereof, this HOME
AGREEMENT shall commence immediately upon its execution so long as the
SUBRECIPIENT has completed the acquisition of the Property and shall terminate on
July 31, 2010.
Accessible Housing Resources FY08 Agmt.doc Page 3 of 31
2.2 Notwithstanding the provisions of paragraph 2.1 hereof, the final completion date
for all construction work for the PROJECT shall be no later than June 30, 2010. A
proposed PROJECT budget and construction schedule ("Budget and Construction
Schedule") is attached to this HOME AGREEMENT as Exhibit "B" and is incorporated
into this HOME AGREEMENT as if set out fully herein. A final PROJECT Budget and
Construction Schedule is required to be submitted by SUBRECIPIENT pursuant to
Article VII.
III. RESPONSIBILITIES
3.1 SUBRECIPIENT hereby accepts responsibility for the performance, in a
satisfactory and efficient manner as determined by the 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 The CCCIC, acting through staff representatives designated by the corporation's
General Manager ("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
AGREEMENT are funds that have been made available to the CCCIC, through the
CITY, by the federal government under the HOME Program and in accordance with the
CITY's HUD-approved funding 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 HOME Program in no
way is 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. 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
Accessible Housing Resources FY08 Agmt.doc Page 4 of 31
upon SUBRECIPIENT by law or administrative ruling or to narrow the standards which
SUBRECIPIENT must follow. A summary of certain federal laws, rules, and regulations
and other Legal Requirements is attached to this HOME AGREEMENT as Exhibit "C"
and is incorporated into this HOME AGREEMENT as if set out fully herein.
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
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 in 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 of the Property, or
the Property itself, or involving the validity or enforceability of any Deed of
Accessible Housing Resources FY08 Agmt.doc Page 5 of 31
Trust or the priority of the liens and security interests created therein
related to the Property; 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 Requirements, 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
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
Accessible Housing Resources FY08 Agmt.doc Page 6 of 31
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 construction costs of the
PROJECT. SUBRECIPIENT shall submit a final PROJECT Budget and Construction
Schedule within ten (10) days of the execution of this HOME AGREEMENT.
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 $85,000 (Eighty-five Thousand
Dollars) to SUBRECIPIENT as follows: $85,000 on a reimbursement basis for
construction costs to be used by the SUBRECIPIENT to construct affordable housing
units for 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 the CCCIC;
(B) Any supporting financial statements heretofore or hereafter provided to
the 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
Accessible Housing Resources FY08 Agmt.doc Page 7 of 31
period covered thereby, and that since said date shown, except as
provided by written notice to the 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 or the Property;
(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 this 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 may be defined in a
deed of trust) securing the financing obligations of SUBRECIPIENT, and
current taxes for the Property are not presently delinquent.
11.2 Except as otherwise provided in the "permitted exceptions" portion of the Deed of
Trust executed by SUBRECIPIENT and dated as of even date herewith, 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 the 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 the 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.
Accessible Housing Resources FY08 Agmt.doc Page 8 of 31
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,
separate, and complete disclosure of the status of any funds received pursuant to this
HOME AGREEMENT. SUBRECIPIENT further agrees that:
(A) 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 laws, rules, and regulations establishing
standards for financial management; and
(B) SUBRECIPIENT's records 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 the 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 the CCCIC may deem necessary,
SUBRECIPIENT shall make all of its records available to the CCCIC, HUD, or any of
their authorized representatives, and shall permit the 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 the CCCIC may require, SUBRECIPIENT shall
furnish the CCCIC such performance records and reports as deemed by the CCCIC as
pertinent to matters covered by this HOME AGREEMENT.
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14.2 At a minimum, monthly performance records and reports shall be submitted to
the CCCIC by SUBRECIPIENT no later than the tenth (10th) calendar day of the month
following. Records 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 the CCCIC information and data relative
to all programmatic and financial reporting.
XV. MONITORING AND EVALUATION
15.1 The 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 the CCCIC and HUD may, at the
CCCIC's or HUD's sole discretion, carry out monitoring and evaluation activities so as
to ensure compliance by SUBRECIPIENT with this HOME AGREEMENT, with the
federal Community Development Act, with the HOME Program regulations, with the
program assurances and certifications executed by the CCCIC, and with all other Legal
Requirements.
15.3 SUBRECIPIENT agrees to cooperate with the CCCIC in the development,
implementation, and maintenance of recordkeeping systems and to provide the CCCIC
with any data determined by the 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 the CCCIC and HUD in such a
way so as not to obstruct or delay the CCCIC or HUD in its monitoring of
SUBRECIPIENT's performance and that SUBRECIPIENT will designate one of its staff
members to coordinate the monitoring process as requested by the CCCIC and/or HUD
staff.
15.5 After each official monitoring visit, the CCCIC shall endeavor to 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 the CCCIC's
General Manager or his 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
Accessible Housing Resources FY08 Agmt.doc Page ] 0 of 31
the insurance requirements set forth in the any 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 the 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 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 must be
paid by SUBRECIPIENT, at its own expense, unless otherwise authorized in writing by
the 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 the 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 the CCCIC with Certificates of Insurance evidencing the above-
required insurances prior to the commencement of this HOME AGREEMENT and
thereafter, SUBRECIPIENT must provide to the 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 the 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 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 SUBRECIP/ENT covenants and agrees to FULLY INDEMNIFY and
HOLD HARMLESS, the CCCIC and the 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 AGREEMENT,
including any acts or omissions of SUBRECIPIENT, any agent, officer,
director, representative, employee, consultant, contractor or subcontractor
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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 IS
FURTHER COVENANTED AND AGREED THAT SUCH /NDEMN/TY SHALL
APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES,
EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF
ACTION, LIABILITY AND/OR SUITS ARISE /N ANY PART FROM THE
NEGLIGENCE OF THE CCCIC, THE ELECTED OFFICIALS, EMPLOYEES,
OFFICERS, DIRECTORS, VOLUNTEERS, AGENTS, AND
REPRESENTATIVES OF THE 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 SUBREC/P/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 parties 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 THE CCCIC AND IN 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 the CCCIC shall in no way be
responsible therefor.
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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 laws, rules, and regulations.
18.2 So that the CCCIC and HUD can investigate compliance with local, State, and
federal equal employment opportunity and affirmative action laws, rules, and
regulations, SUBRECIPIENT shall furnish to the CCCIC and HUD any and all
information and reports requested by the CCCIC or HUD and shall permit access by the
CCCIC or HUD of any and all of its books, records, and accounts.
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 laws, rules, and regulations, this HOME AGREEMENT may be canceled,
terminated, or suspended by the CCCIC, in whole or in part, and SUBRECIPIENT may
be barred from further contracts with the CCCIC.
XIX. NONDISCRIMINATION
19.1 SUBRECIPIENT covenants that it, its agents, employees, and 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 indirect, 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 SUBRECIPIENT'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.
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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
phrase "member of the immediate family" shall include: wife, husband, son, daughter,
mother, father, brother, sister, in-law, aunt, uncle, cousin, nephew, niece, step-parent,
step-child, half-brother, and half-sister.
XXI1. POLITICAL ACTIVITY
22.1 None of the performances rendered under this HOME AGREEMENT 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 any local, State, or federal legislation.
XXIII. SECTARIAN ACTIVITY
23.1 None of the performances rendered under this HOME AGREEMENT 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 wholly
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 wholly sectarian or
religious facility or activity.
XXIV. INTENTIONALLY DELETED
XXV. PUBLICITY
25.1 When appropriate, as determined by and upon written approval of the 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 for or distributed by
SUBRECIPIENT, 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 Partnerships Program,
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administered by the Corpus Christi Community Improvement
Corporation, with funding received from the U.S. Department
of Housing and Urban Development."
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 to the CCCIC,
shall, upon receipt, become the property of the CCCIC.
XXVIII. FUNDING APPLICATIONS
28.1 SUBRECIPIENT agrees to notify the 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 to 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 the CCCIC;
(B) Upon award or notice of award, whichever is sooner, SUBRECIPIENT
shall notify the CCCIC of the award or notice thereof, and of the effect, if
any, of such funding on the funds and programs agreed to under this
HOME AGREEMENT. Such notice shall be submitted by
SUBRECIPIENT to the 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 the prior written consent of the CCCIC,
SUBRECIPIENT shall not use, either directly or indirectly, resources
provided under this HOME AGREEMENT to prepare applications for other
federal, public, or private funds nor shall said resources be used, directly
or indirectly, as contributions or as matching fund requirements.
XXIX. CERTIFICATIONS 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
debarred or suspended, proposed for debarment, or declared ineligible or voluntarily
excluded from the award of contracts or federal funding by any federal governmental
agency or department.
29.2 SUBRECIPIENT additionally certifies that neither SUBRECIPIENT nor its
Principals have paid or will pay any federal appropriated funds to any person for
influencing or attempting to influence an officer or an employee of any agency, a
Accessible Housing Resources FY08 Agmt.doc Page I S of 31
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. A certification regarding
lobbying, executed by and on behalf of the SUBRECIPIENT, is attached to this HOME
AGREEMENT as Exhibit "D" and is incorporated into this HOME AGREEMENT as if its
terms and provisions are set out fully herein.
29.3 "Principals," for the purposes of these certifications, means officers, directors,
owners, partners, and persons having primary management or supervisory
responsibilities within a business entity (e.g., general manager, plant manager, head of
subsidiary, division, or business segment, and similar positions).
29.4 SUBRECIPIENT shall provide immediate written notice to the 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
certifications were erroneous or false when made or have become erroneous or false
by reason of changed circumstances.
29.5 SUBRECIPIENT's certifications are material representations 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 these certifications are erroneous or false, or should the certifications become
erroneous or false due to changed circumstances, the CCCIC may terminate this
HOME AGREEMENT in accordance with Article XXXIV Termination.
XXX. SUBCONTRACTING
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 the CCCIC. Any work or services
approved for subcontracting hereunder, however, shall be subcontracted only by written
contract or agreement and, unless specific waiver is granted in writing by the 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 the CCCIC's approval of a subcontract, the CCCIC shall in no event be
obligated to any third party, including any subcontractor 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 this HOME AGREEMENT's execution or
extending beyond the date of this HOME AGREEMENT's expiration.
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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 the CCCIC and
SUBRECIPIENT.
31.2 Whenever and as often as deemed necessary by the CCCIC, the CCCIC may
request and require changes to SUBRECIPIENT's Budget and Construction Schedule
required under this HOME AGREEMENT (to be submitted in accordance with Article
VII); such changes as requested or required by the CCCIC, however, must be by written
amendment hereto.
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 the CCCIC, SUBRECIPIENT shall neither make transfers between or among
line items approved within the budget categories set forth in the final Budget and
Construction Schedule nor shall SUBRECIPIENT alter, add to, or delete from the final
Budget and Construction Schedule. Instead, SUBRECIPIENT shall request budget
revisions in writing and in a form prescribed by the CCCIC; such request for revisions,
however, shall not increase the total monetary obligation of the 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
the CCCIC, revised budget and PROJECT information so as to enable re-evaluation by
the CCCIC of the original funding levels set forth in the final Budget and Construction
Schedule.
31.5 It is understood and agreed by the parties hereto that changes in local, State,
and federal laws, rules, and regulations 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 law, rule, or regulation.
31.6 SUBRECIPIENT further agrees to notify the 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 or conditions of this HOME AGREEMENT or any of the terms of
any of the other GRANT Documents, the CCCIC shall notify SUBRECIPIENT of such
determination and shall allow SUBRECIPIENT ten calendar (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 of the other GRANT Documents.
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XXXIII. SUSPENSION OF FUNDING
33.1 Upon reasonable determination by the 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 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 the 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 the 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 the 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; or
Accessible Housing Resources FY08 Agmt.doc Page 18 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 assets, or institution of bankruptcy,
reorganization, rearrangement of or liquidation proceedings by or against
SUBRECIPIENT, and the same is not dismissed within ninety (90) days
thereof;
(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 comply with local, State, or federal laws,
rules, or regulations as provided in Article IV, inability to comply or
conform with changes in local, State, or federal laws, rules, or regulations
as provided for in paragraph 31.5, or inability to comply with any other
Legal Requirements under this HOME AGREEMENT;
(H) Violation by SUBRECIPIENT of any law, rule, or regulation to which
SUBRECIPIENT is bound or shall be bound under the terms of this
HOME AGREEMENT; or
(I) Determination at any time during this HOME AGREEMENT, including any
renewals hereof, that SUBRECIPIENT's certifications regarding eligibility
to participate in the award of federal funding and regarding lobbying were
false or erroneous when made or became false or erroneous due to
changed circumstances.
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, provided such cessation was not occasioned by
a breach of this HOME AGREEMENT by SUBRECIPIENT or a breach of
agreement between SUBRECIPIENT and the funding source in question;
SUBRECIPIENT may, however, opt within the limitations of this HOME
AGREEMENT and with the written approval of the CCCIC to seek an
alternative funding source; or
(B) Upon the dissolution of the SUBRECIPIENT organization, provided such
dissolution was not occasioned by a breach of this HOME AGREEMENT.
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34.4 Upon a decision to terminate by either the CCCIC or SUBRECIPIENT, written
notice of such, and the effective date thereof, shall be immediately provided to the other
party.
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, the
CCCIC shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any
expense, encumbrance, or obligation 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
the CCCIC, and in accordance with Article XXVII hereof, become the property of the
CCCIC and shall, if requested by the CCCIC, be delivered by SUBRECIPIENT to the
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 the 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 the CCCIC hereunder or as provided for at law or in equity,
or any claim for damages then or theretofore accruing against SUBRECIPIENT
hereunder or provided by law or in equity, and any such termination shall not prevent
the CCCIC from enforcing the payment of any such sum(s) or claim for damages from
SUBRECIPIENT. Instead, all rights, options, and remedies of the 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 the 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 for any reason, if
the work required hereunder of SUBRECIPIENT is not fully completed to the
reasonable satisfaction of the CCCIC in accordance with the terms of this HOME
AGREEMENT, SUBRECIPIENT shall refund any and all sums of money paid by the
CCCIC to SUBRECIPIENT within ten (10) business days of CCCIC's written request
therefor.
34.10 Upon termination of this HOME AGREEMENT by the CCCIC under paragraph
35.2(A) hereof, SUBRECIPIENT shall be barred from future contracts with the CCCIC
absent the express written consent of the General Manager, or his designate, to
contract with the CCCIC.
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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 a "claim") is made or brought against
SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to the CCCIC within
five (5) business days after itself being notified. SUBRECIPIENT's notice to the 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 the CCCIC's General Manager. Any attempt to
transfer, pledge, or otherwise assign 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 the CCCIC to insist, or any election by the 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 the 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
the CCCIC of any GRANT proceeds shall in any way preclude the 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 Code of Ordinances, or other CITY codes,
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 this
HOME AGREEMENT a clause or provision as similar in terms to such invalid, illegal, or
unenforceable clause or provision as may be possible, that is legal, valid, and
enforceable.
Accessible Housing Resources FY08 Agmt.doc Page 21 of 31
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 or extension 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 the 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 the 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 the CCCIC shall in any manner impair or prejudice any
right, power, privilege, or remedy available to the 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 the CCCIC may waive the effect of the provisions
of this Article.
XLI. SPECIAL CONDITIONS
41.1 SUBRECIPIENT shall prepare accurate and complete monthl~ 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 the CCCIC, and SUBRECIPIENT agrees
to make any and all changes to such form as may be recommended by the CCCIC, as
well as provide additional information in connection with such reports as may be
requested by the CCCIC.
41.2 SUBRECIPIENT shall ensure that all professional and contractual services in
connection with PROJECT implementation shall be procured in accordance with 24
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 five (5) units designated as HOME-assisted units and
such housing units shall be designated as floating units, pursuant to federal regulations.
Accessible Housing Resources FY08 Agmt.doc Page 22 of 31
41.4 INTENTIONALLY LEFT BLANK.
41.5 SUBRECIPIENT understands and acknowledges that the 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 the CCCIC is required
for the activity and such authorization was not first procured, or the 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 the 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 or
incurring any PROJECT activity costs.
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 the CCCIC for such
PROJECT activity. SUBRECIPIENT understands and acknowledges that new
PROJECT Set-up Reports will not be processed by the 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 applicable provisions of the CITY's Code of Ordinances.
41.10 SUBRECIPIENT shall complete all site-specific environmental review inspections
and records for each parcel of this PROJECT and submit such inspections and records
to the CCCIC. The CCCIC must approve in writing such inspections and records prior to
any PROJECT activity cost being incurred.
41.11 To the greatest extent feasible, agreements for work to be performed in
connection with this PROJECT shall be awarded by SUBRECIPIENT 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 shall only be leased to and occupied by households that are eligible as
Accessible Housing Resources FY08 Agmt.doc Page 23 of 31
qualified low-income individuals and families, in accordance with HUD Section 8
Income Guidelines.
41.13 INTENTIONALLY LEFT BLANK.
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
individuals and 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
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.
Accessible Housing Resources FY08 Agmt.doc Page 24 of 31
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 The 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 the CCCIC upon HUD's determination of fair market
rents and median incomes) in accordance with this HOME AGREEMENT.
SUBRECIPIENT shall annually provide the 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
affordable housing despite a temporary noncompliance caused by increases in the
incomes of existing tenants if actions satisfactory to the 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 amount payable by the tenant under State
or local law or thirty percent (30%) of the family's adjusted income, except that tenants
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 41.3 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 the CCCIC a post-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 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. 1701 u (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
Accessible Housing Resources FY08 Agmt.doc Page 25 of 31
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
number and 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
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
Accessible Housing Resources FY08 Agmt.doc Page 26 of 31
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 the same is 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
pertaining to the interpretation or meaning of any part of this HOME AGREEMENT or its
governing law, rules, regulations, codes, or ordinances, the CCCIC, as the party
ultimately responsible to HUD for matters of compliance, shall have the final authority to
render or secure an interpretation.
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, UPS, 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, 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 the CCCIC and SUBRECIPIENT for all purposes in connection herewith:
CCCIC:
Corpus Christi Community Improvement Corporation
Attn: General Manager
P. O. Box 9277
Corpus Christi, TX 78469-9277
Accessible Housing Resources FY08 Agmt.doc Page 27 of 31
for personal or courier delivery: 1201 Leopard Street, Corpus Christi, TX 78401
SUBRECIPIENT #1:
Accessible Housing Resources, Inc.
Attn: Executive Director
P. O. Box 3394
Corpus Christi, TX 78463-3394
for personal or courier delivery: 1537 Seventh St., Bldg. A, Corpus Christi, TX 78404
and to
SUBRECIPIENT #2
1602 South Staples Housing, Inc.
1537 Seventh Street
Corpus Christi, TX 78404
for personal or courier delivery: same address as stated above
44.2 By giving to the other party at least ten (10) days' prior written notice in
accordance with the provisions hereof, the parties to this HOME AGREEMENT 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 and their respective heirs, executors, administrators, legal representatives,
successors, and assigns, except as otherwise expressly provided herein.
XLVI. GENDER AND NUMBER
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 in this HOME AGREEMENT 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 the CCCIC shall in no way be responsible
therefor.
Accessible Housing Resources FY08 Agmt.doc Page 28 of 31
47.3 Notwithstanding that Accessible Housing Resources, Inc., and 1602 South
Staples Housing, Inc., acting collectively as the "SUBRECIPIENT," are jointly and
severally liable under this funding Agreement to complete the performances and fulfill
the obligations stated herein.
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 UNDER THIS AGREEMENT 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 or conditions of this HOME
AGREEMENT.
XLX. SUBORDINATION
50.1 INTENTIONALLY LEFT BLANK.
Accessible Housing Resources FY08 Agmt.doc Page 29 of 31
EXECUTED in triplicate originals this the '~'"~day of ~~l~A-t-'1 __2010.
ATTEST:
Armando Chapa
Secretary
CORPUS CHRISTI COMMUNITY
IMPROVEMENT CORPORATION
~w
'A e scobar
neral Manager
SUBRECIPIENT #1: ACCESSIBLE HOUSING RESOURCES, INC., a Texas nonprofit corporation
David Walker Date
President ~,~~ ~(,,,,~.~-
:..~„~ At7~NOR+
ACKNOWLEDGMENT ~ ('~fN~P!! ..~~~ ~»~..~»
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the 3 day of ~s 10,
President of Accessible Housing Resources, Inc., a Texas nonprofit corpo ion,
corporation.
x,,44.• e.`~ LAURiSA LYNN BAKLIK
- ; niatan~ Public, State of Texas
'-%q~.,,,F~4'.` ~~'!v Commission Expires
'''%_°~ ;~ ~'°~ March 09, 2011
SUBRECIPIENT #2: 1602 SOUTH STAPLES HOUSING, INC., a Texas nonprofit corporation
•~~%Z~r
David Walker
President
3 f~ /o
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ~ day o 2010, by David Walker,
President of 1602 South Staples Housing, Inc., a Texas nonprofit corp r tion, on behalf of the
corporation.
~'~ '~~: 4i~'~t?r~., p,. :'T~'if 7@x8S
'~; .
E.;, expires
.i;~
,
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NOT Y PUBLIC
STATE F TEXAS
Accessible Housing Resources FY08 Agmt Page 30 of 31
by David Walker,
on behalf of the
Attachments:
Exhibit "A" -Property Description
Exhibit "B" -Declaration of Restrictive Covenant
Exhibit "C" -Budget and Construction Schedule
Exhibit "D" -Other Federal Requirements
Exhibit "E" -Certification Regarding Lobbying
Accessible Housing Resources FY08 Agmt.doc Page 31 of 31
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FD. SCRIBE
.MARK
EXHIBIT B
DECLARATION OF RESTRICTIVE COVENANT
TO BIND PROPERTY FOR PERIOD OF AFFORDABILITY
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Pursuant to an agreement entered into between the Corpus Christi Community
Improvement Corporation ("CCCIC"), Accessible Housing Resources, Inc. ("AHRI"), and
1602 South Staples Housing ,Inc. ("SS Housing"), executed on the same date herewith,
which agreement is incorporated in this instrument by reference as if fully set out herein
("Agreement"), AHRI and SS Housing 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 construction of
affordable housing units on the following property:
Lots 13A, 13B, 14A, and 14B, Block 803A, Bay Terrace No.
2 Addition, a subdivision in the City of Corpus Christi,
Nueces County, Texas, as shown by the map or plat of
record found in Volume 3, Page 52, of the Map Records of
Nueces County, Texas, which parcels were replatted into a
single parcel, and commonly known by its street addresses
of 1301 Booty Street, 1601 Seventh Street, and 1602-04
South Staples Street, respectively, 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 owners of the Property and in consideration of receiving the federal funds,
AHRI and SS Housing agree 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 completion of the construc-
tion project on the Property AND HOME Program Project document closure by the
CCCIC, such date of completion and closure presently unknown but anticipated to be
not later than June 30, 2010.
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.
(EXECUTION PAGE FOLLOWS)
Accessible Housing Resources, Inc.
w/~~~
David Walker, President
Date: .~ ~~~4
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 3 day of ~ , 2010, by David
Walker, President of Accessible Housing Resources, Inc., a Texas nonprofit poration, on behalf of the
corporation.
`;+~ °~~ Notary Fublrc,YNN ggKL1K Nota ublic, State of Texa
`'sN~p~.'` MY Commissiont Ex f Texas
March pq, 20 ~ p1es
1602 South Staples Housing, Inc.
David Walker, President
Date: 3 fE~ ray
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ~ day of ~s. 201.0, by David Walker,
President of 1602 South Staples Housing, Inc., a Texas nonprofit corporation, behalf of the
corporation.
.,~~,~„
?~~'~Y'u`"= Notary PlublicYState oKTexas
+„~~4ra, My Commission Expires Notary lic, State of Texas
'~'F~Ft`~~ March 09, 2011
AFTER RECORDING, RETURN TO:
Corpus Christi Community Improvement Corporation
Attn: General Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
EXHIBIT
FY and Funding:
Project Name:
(?rganization:
Total Project Cost:
.Preliminary Budget & Construction Schedule
laY2~8 C HOMI;
Bay Terrace 811
Accessible Housing It~Snt4rrrn:~jnr
$ b21.670 HOME award: $ 85.00U
Prelirninar_y Budget
Project Financial Resuurc~es; (list may be adjusted: to meet your project)
(Funds available tQ complete proje,t) Amount
• Private Funding Source... .. . ......... ..... ......... ......... . ..
.. .... . , ,.._ $2.Ci70
~ FY 200 HOME Funding .......:. ..... $85,000
• Other: (Specify} HIID Section ~ I 1 ..._: .::.. ...... 34 ao(~
Total h'unds AvailaUle for Z'roiect .:....,..... ...............,..............~ .......,. $621.,670
Estlmatecl Expenses; (list may be tdjustecl to meet your project)
(List estimated expenscs~_ to camolete amour ~i~t) such as~ Amp~nt
... ..
• Land Acquisition ..... - .......... .........._..........,..$49.000
• Advertising, Printing, Etc... .....: ... ,... $ R
• A!F Professional Fees ..,............. ..,. $3C~.OOQ
• Construction Cost ......... ......<.. .:... ...:. ,.,:.............,. ,..... $461,20
• Contingencies(incl operating deficits,worlcing capital,. dev, cash...::..... $2,67U
• Other: (Specify}Load Fees & Carrying Charges.............
~ ProtessionaI Fees, lel;al, organization, & third party costs .....,..:$72.:880
Total Project Cast. ..................... .. ... .......... .$621,670
Funds ceded for the protect)
NQ~E; The "total fiands available fur the project "shall be ennaI to the ~°total taroeet cast."
Preliminary Construction. Schedule
(Project I7at~ fnr complekion of key project phases}
Pro,ectea Date
• Land Acquisition .................. .06601!2009
• Platting/Soil Testing (other} ... ..... ..... ..... ...............10/1:3!2048
• Procurement of 1~rchitectiEngineertAiE) services- .............. ...10/42!2408
• Design and Bid Documents completed .....:............ .....,... 12602!2408
• Award Bid and Construction Contract .................................:.....06/01/2009
• Construction 100°lo c..ar~tpleton ....................................... .....:12l01/2Q09
EXHIBIT D
OTHER FEDERAL REQUIREMENTS
AHRI shall comply with all federal, state, and local laws and regulations
applicable to the activities and performances rendered by AHRI under this Agreement
including, but not limited to, the laws and the regulations specified in Section I through
VI of this Exhibit D.
I. 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 Charlie's Place 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
Enterprise), and 12138 (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. Charlie's Place 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. Charlie's Place 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, Charlie's Place
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 1974;
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 (SS 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
principal and entity 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.
Signature Date
Print Name of Authorized Individual
Organization Name ~~ ~