HomeMy WebLinkAboutC2009-276 - 7/15/2009 - NAFY07 HOME FUNDING AGREEMENT
BETWEEN THE
CCCIC
AND
MESSIANIC FELLOWSHIP CHURCH
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,
and Messianic Fellowship Church of Corpus Christi ("SUBRECIPIENT") a Texas
nonprofit corporation, acting by and through its President, who is duly authorized to
enter into this HOME AGREEMENT and hereinafter is referred to as 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 construction
project entitled "Mueller Street Apartments" ("PROJECT");
WHEREAS, the CCCIC wishes to make a GRANT to the SUBRECIPIENT in
connection with the SUBRECIPIENT's construction 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 or hereafter to be constructed 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
the execution hereof are bound, to the mutual obligations herein contained and to the
oerfnrmanra anri a~~~mplishment of the tasks hereinafter described.
2009-276
07/15/09
ccclc INDEXED
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 which is incorporated by reference into this HOME AGREEMENT, the following
terms shall have the meanings indicated:
(A) "Business Day' -Every day of the week, except all Saturdays, Sundays,
and those scheduled holidays officially adopted and approved by the
CITY's City Council for its employees.
(B) "Environmental Law" -Any federal, state or local law, statute, ordinance
or regulation pertaining to health, industrial hygiene, or the environmental
conditions on, under, or about the Property including, without limitation, (i)
the Resource Conservation and Recovery Act, as amended by the
Hazardous and Solid Waste Amendments of 1984, as now or hereafter
amended ("RCRA") (42 U.S.C. §6901, et. seq.); (ii) the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended by the Superfund Amendments and Reauthorization Act of
1986, as now or hereafter amended ("CERCLA") (42 U.S.C. §9601, et.
seq.); (iii) the Clean Water Act, as now or hereafter amended ("CWA") (33
U.S.C. §1251, et. seq.); (iv) the Toxic Substances Control Act, as now or
hereafter amended ("TSCA") (15 U.S.C. §2601, et. seq.); (v) the Clean Air
Act, as now or hereafter amended ("CAA") (42 U.S.C..§7401, et. seq.),
Texas Solid Waste Disposal Act (V.T.C.A. Health and Safety Code
§361.001, et. seq.) and the Texas Water Code (V.T.C.A. Water Code
§26.001-26.407); (vi) all regulations promulgated under any of the
foregoing; (vii) any local, state, or federal law, statute, regulation, or
ordinance analogous to any of the foregoing; and (viii) any other federal,
state, or local law (including any common law), statute, regulation. or
ordinance regulating, prohibiting, or otherwise restricting the placement,
discharge, release, threatened release, generation, treatment, or disposal
upon or into any environmental media of any substance, pollutant, or
waste which is now or hereafter classified or considered to be hazardous
or toxic to human health or the environment.
(C) "Environmental Report" - A report prepared by a reputable engineer or
other party on behalf of the SUBRECIPIENT, which report is satisfactory
to the CCCIC, in its reasonable determination and discretion, and in such
detail as the CCCIC may require, indicating that no part of the Property is
contaminated with Hazardous Materials or is subject to undue risk of
contamination by Hazardous Materials.
(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),
Messianic FY07 HOME Agmt Page 2 of 32
whether now or hereafter in existence, having jurisdiction over the
applicable matter.
(E) "GRANT Documents" - (i) this HOME AGREEMENT and its exhibits and
attachments and (ii) that certain "Declaration of Restrictive Covenant," of
even date herewith, signed by SUBRECIPIENT in connection with the
PROJECT and separately recorded in the real property records of Nueces
County, Texas, an unexecuted copy of which is attached to this HOME
AGREEMENT and incorporated herein as Exhibit "B."
(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
Messianic FY07 HOME Agm[ Page 3 of 32
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 final execution so long as the
SUBRECIPIENT has completed the acquisition of the Property and shall terminate on
September 30, 2010.
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 August 31, 2010. A
proposed PROJECT budget and construction schedule ("Budget and Construction
Schedule") is attached to this HOME AGREEMENT as Exhibit "A" 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,
Messianic FY07 HOME Agm[ Page 4 of 32
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
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
Messianic FY07 HOME Agmt Page 5 of 32
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
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
Messianic FY07 HOME Agm[ Page 6 of 32
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 or resolved within ninety (90) days, the
CCCIC shall have the right, at its option, to either temporarily suspend or permanently
terminate this HOME AGREEMENT. Should the CCCIC suspend or permanently
terminate this HOME AGREEMENT pursuant to this paragraph, however,
SUBRECIPIENT shall be liable to the CCCIC for any money it has received from the
CCCIC for performance of any of the provisions hereof.
VI. MAINTENANCE OF EFFORT
6.1 SUBRECIPIENT agrees that the funds and resources provided to it under the
terms of this HOME AGREEMENT shall in no way be substituted for funds and
resources provided from other sources nor shall such funds and resources in any way
serve to reduce the funds, resources, services, or other benefits which would have
been available to, or provided through, SUBRECIPIENT had this HOME AGREEMENT
not been executed.
VII. PERFORMANCE BY SUBRECIPIENT
7.1 SUBRECIPIENT, in accordance and compliance with the terms, provisions, and
requirements of this HOME AGREEMENT, shall manage, perform, and provide all of
the activities and services required under this HOME AGREEMENT in connection with
the PROJECT to the CCCIC's satisfaction, in its reasonable determination and
discretion. The funds available for utilization hereunder shall be~ expended only in
accordance with the terms of this HOME AGREEMENT for the construction costs of the
Messianic FY07 HOME Agmt Page 7 of 32
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 $300,000 (Three Hundred
Thousand Dollars) to SUBRECIPIENT as follows: $300,000 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
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 othe rwise, 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
Messianic FY07 HOME Agm[ Page 8 of 32
(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.
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
Messianic FY07 HOME Agm[ Page 9 of 32
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.
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.
Messianic FY07 HOME Agm[ Page 10 of 32
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
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
Messianic FY07 HOME Agm[ Page 1 I of 32
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 SUBRECIPIENT 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 SUBREC/P/ENT's activities under this
HOME AGREEMENT, including any acts or omissions of SUBRECIPIENT, any
agent, officer, director, representative, employee, consultant, contractor or
subcontractor of SUBRECIPIENT, and their respective officers, agents,
employees, directors and representatives while in the exercise or performance of
the rights or duties under this HOME AGREEMENT, all without, however, waiving
any governmental immunity available to the CCCIC under Texas law and without
Messianic FY07 HOME Agmt Page 12 of 32
waiving any defenses of the parties under Texas law. IT IS FURTHER
COVENANTED AND AGREED THAT SUCH INDEMNITY 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.
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
Messianic FY07 HOME Agmt Page 13 of 32
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.
Messianic FY07 HOME Agm[ Page 14 of 32
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 currehtly 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.
XXII. 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.
Messianic FY07 HOME Agmt Page 15 of 32
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,
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.
Messianic FY07 HOME Agm[ Page 16 of 32
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
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,
Messianic FY07 HOME Agmt Page 17 of 32
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.
XXXI. CHANGES AND AMENDMENTS
31.1 Except when the terms of this HOME AGREEMENT expressly provide othervvise,
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
Messianic FY07 HOME Agmt Page 18 of 32
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.
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.
Messianic FY07 HOME Agmt Page 19 of 32
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
(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
Messianic FY07 HOME Agmt Page 20 of 32
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.
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
Messianic FY07 HOME Agmt Page 21 of 32
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.
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.
Messianic PY07 HOME Agm[ Page 22 of 32
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.
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.
Messianic FY07 HOME Agmt Page 23 of 32
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~f 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.
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
Messianic FY07 HOME Agmt Page 24 of 32
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
Messianic FY07 HOME Agmt
Page 25 of 32
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.
Messianic FY07 HOME Agmt Page 26 of 32
41.19 SUBRECIPIENT shall not discriminate against any certificate or voucher holder
in accordance to 24 CFR Part 982, Section 8, Tenant Based Assistance: Unified Rule
for Tenant-Based Assistance under the Section 8 Rental Certificate Program and the
Section 8 Rental Voucher Program or to the holder of a comparable document
evidencing participation in a HOME tenant-based rental assistance program.
41.20 SUBRECIPIENT understands, agrees, and shall ensure that the HOME assisted
units meet the affordability requirements, as such requirements are set out in federal
law, 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.
Messianic FY07 HOME Agmt Page 27 of 32
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. 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted PROJECTS covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and
very low income persons, particularly persons who are recipients of HUD
assistance for housing.
(B) The parties to this HOME AGREEMENT agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As
evidenced by their execution of this HOME AGREEMENT, the parties to
this HOME AGREEMENT certify that they are under no contractual or
other impediment that would prevent them from complying with the Part
135 regulations.
(C) The SUBRECIPIENT agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's
commitments under this Section 3 clause and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The
notice shall describe the Section 3 preference, shall set forth minimum
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
Messianic FY07 HOME Agm[ Page 28 of 32
opportunities to be directed, were not filled to circumvent
SUBRECIPIENT's obligations under 24 CFR Part 135.
(F) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this HOME AGREEMENT for default, and
debarment or suspension from further HUD-assisted contracts.
(G) With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work to
be performed under this HOME AGREEMENT. Section 7(b) requires that
to the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award
of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provision of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section 7(b).
XLII. ENTIRE -AGREEMENT
42.1 This HOME AGREEMENT, along with the other GRANT Documents, constitutes
the final and entire agreement between the parties hereto and contains all of the terms
and conditions agreed upon the parties. No other agreements, oral or othervvise,
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 of
this HOME AGREEMENT, 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
Messianic FY07 HOME Agm[ Page 29 of 32
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
for personal or courier delivery: 1201 Leopard Street, Corpus Christi, TX 78401
SUBRECIPIENT:
Messianic Fellowship Church of Corpus Christi
Attn: Board of Directors
P. O. Box 6693
Corpus Christi, TX 78466-6993
for personal or courier delivery: 4626 Jarvis Street, Corpus Christi, TX 78412-2337
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.
Messianic EY07 HOME Agm[ Page 30 of 32
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.
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 ahd in no way limit or enlarge the terms or conditions of this HOME
AGREEMENT.
XLX. SUBORDINATION
50.1 INTENTIONALLY LEFT BLANK.
(EXECUTION PAGE FOLLOWS)
Messianic FY07 HOME Agm[ Page 31 of 32
EXECUTED in duplicate originals this the I ~~day of 2009.
ATTEST:
Armando Chapa
Secretary
CORPUS CHRISTI COMMUNITY
IMPROVEMENT CORPORATION
i nn ,,
~ G~s~~
' I R. Escobar
eneral Manager
8 1~BRECI TENT: MESSIANIC FELLOWSHIP CHURCH OF CORPUS CHRISTI, a
Texas no fit corporation
Jones
~ `~oZl~ol
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
l;Gl. ~ l.. .. AU FIUKI¢~
_.~..._~
er counca ~JY~/~
SECRQTAR~ ~~'t---
This instrument was acknowledged before me on the ~ day of 2009,
by Robert E. Jones, President of Messianic Fellowship Church of orpu Christi, a
Texas nonprofit corporation, on behalf of the corporation.
,,""'°`•;~ YVONNE S MARflNEZ
~~~ NoWfy Public
1. 1~7 ~ STATE Of iEXA$
"'?!... My Comm. Exp, ~ 1-232010
4 /l.~/G~
TARY PUBL C
ATE OF TEXAS
Attachments:
Exhibit "A" -Budget and Construction Schedule
Exhibit "B" -Declaration of Restrictive Covenant
Exhibit "C" -Other Federal Requirements
Exhibit "D" -Certification Regarding Lobbying
EXHIBIT
Preljrainarv Budget & Construction Schedule
FY and Funding:
Project Name:
Organization:
Total Project Cost:
FY2007 /HOME
Mueller Street A ents
Messianic Fellowsh~g Church. Affordable Housing Initiative #1
$ 2.147.648 HOME award: $ 300-000
Preliminary Budget
Project Financial Resources: (list may be adjusted to meet }rour project)
(Fins available to complete project) Amount
• Private Funding Source .....................................................................51.5 21 ,~QQ
• FY 2007 HOME Funding .................................................................. S~ ~0
Other: (Specify) Equity .......................:............................................5335.048
Total Fonds Available for Proiect ......................................................... $2 14 648
Estimated Ezpensess (listmay be adjusted to meet your project)
R .a Patirnated expenses to complete your p~giect) such as• Amount
• I.attd Acquisition ..................................................................... $100.000
• Advertising, Printing, Etc ............................................... ~mcld in workine caoital
below
• A/E Professional Fees :...................................................................... $26 000
• Construction Cost ......................................................°......................$1.577.870
• Contingencies(incl operating deficits,worldng capital, dev. cash........588.286
• Other: (Specfy)Loan Fees & Carrying Charges ........................ $320 092
(inc1ds5178.124BSPRAsnd 3'~ ply costs
• Professional Fees, legal, organization, & third party costs......... $35 400
Tot 1 Project Cost ........................................................................ $2.147.648
tF~mds needed for the oroj~
NOTE The "total funds available for the oroiect " shall be eausl to the "total oroiect cost."
Preliminary Construction Schedule
(Projad Dates for completion of key project plisses)
Projected Date
• Land Acquisition ...................................................................... o let
• Platting/Soil Testing (other) ...................................................... m 1 tact
• Procuremem of Architect/Engineer(A/E) services ..................... om 1
• Design and Bid Documents completed ..................................... 2009
• Award Bid and Construction Contract ...................................... 20Mar 2009~1etter of
Intent
• Construction 100%completion ................................................. 31August.2010
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") and Messianic Fellowship Church of Corpus
Christi ("Messianic"), a nonprofit corporation organized under the laws of the State of
Texas, executed on the same date herewith, which agreement is incorporated in this
instrument by reference as if fully set out herein ("HOME Agreement"), Messianic
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:
Lot 25, Block 7, of Driscoll Village. a subdivision in the City
of Corpus Christi, Nueces County, Texas, as shown by the
map or plat of record filed in the Map Records of Nueces
County, Texas, and as in the gift deed recorded under
Document #2004062316 in the Deed Records of Nueces
County, Texas, and commonly known by its street address
of 3618 Mueller Street, located in Corpus Christi, Nueces
County, Texas (hereinafter referred to as the "Property").
Additional documents describing this Property are attached
to this instrument as Exhibit B-1 and are in-corporated by
reference in this instrument as if fully set out
in their entirety.
Pursuant to the terms, conditions, and covenants contained within the HOME
Agreement, as owner of the Property and in consideration of receiving the federal funds,
Messianic agrees to bind the Property with the affordability requirements specified in
Title 24, Part 92.252, of the United States Code of Federal Regulations, for a period of
not less than twenty (20) years from the date of completion of the construction project
on the Property, such date of completion presently unknown but anticipated to be not
later than August 31, 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)
Church of Corpus Christi, a Texas nonprofit corporation.
R ert ones, President//
Date: ~ ~ a00~
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on~ day of ~ ,2009,
by Robert E. Jones, President of Messianic Fellowship Church of orpus hristi, a
Texas nonprofit corporation, on behalf of the corporation.
~,•,"~"";°~°•<'~ YVONNE 3 IWARi1NEZ
(cLbs\° Notary Public
~p`J STATE OF TEXAS
•~'^naA?~ My Comm. Exp. 11-29.2010
\~
o ary Public, State of Texas ~i
AFTER RECORDING, RETURN TO:
Corpus Christi Community Improvement Corporation
Attn: General Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
~~ ~ ~~ EXHIBIT ~ J
. ~ '312:3
GIFT DEED Dac# 2~0~04062316
Date: December 31, 2003
Grantor and Grantor's Betty Grant Armstrong, a single person `~~~ ~{,101,,L~}~ Cf ~ ~•
Mailing Address: Douglas W. Grant, Jr. ~ ; ; -..
P. O. Box 4774 ~ yc~~l ~ ~~ ~61~ 1iEP` ~~-~.
Corpus Christi, Texas 78469 ,
L>~i~~~Il UIIGC~
Grantee and Grantee's Messianic Fellowship Church of Corpus Christi r
Mailing Address a Texas nonprofit corporation ~-O~ `~`'~ / ~, k,
P. O. Box 6993 ~I ~~L1 ~C~~~« /
Corpus Christi, Texas 78466-6993 1 ~ t='`~°~
Consideration: This conveyance is made and accepted as a charitable contribution
and without valuable consideration.
Property:
That certain tract of land ("PROPERTY" in this document)) located in Corpus
Christi, Nueces County, Texas, which is described on the attached map as three tracts
of land. The boundary of the PROPERTY is delineated by diagonal slash marks.
The most western of the three tracts is triangular in shape. The middle of the three
tracts has "Tr. D" printed on it. The most eastern of the three tracts has
"Tr. N. D. W. Grant, Tr." printed on it. "OLIVER TR." is printed on the middle
and most eastern of the three tracts. All of the PROPERTY is adjacent to Mueller
St. A second map without slash marks is also attached to more clearly indicate the
boundary lines of the PROPERTY. Both of such maps are made a part of this
document for all purposes.
Reservations From and Exceptions to Conveyance and Warranty:
This conveyance is made subject to
1. Present restrictions, if any, existing against such property;
2. Existing building, zoning, platting, or other regulatory ordinances imposed
by the City of Corpus Christi, Texas, or any other governmental entity or authority;
3. Any leases affecting• the property;
4. Rights of parties in possession;
5. All outstanding royalty interests, mineral interests, and oil and gas leases, of
record, and affecting the above described real property; and
6. Any easements, rights-of--way, and prescriptive rights affecting the property;
7. Any discrepancies or conflicts in boundary lines, any shortages in area, any
encroachments onto or protrusions from such property, any overlapping of
improvements, or any other matter which might be revealed by a survey of such
property;
8. All presently recorded instruments that affect the property;
9. This conveyance is made without warranty, either express or implied, about
the quantity, area, quality, condition, habitability, platting, zoning, or flooding of, or
encroachments on such property, or otherwise of any of the property or any
improvement located on the premises, or that any improvements located on the above
described real property aze fit for human habitation, or the presence or absence of
hazardous wastes or materials, and without warranty, either express or implied, that
any improvements are constructed in a good and workmanlike manner, or the
suitability of the property for any use intended by the Grantee, it being expressly
understood that the premises aze accepted by the Grantee "AS IS".Further, and without
limiting the generality of the foregoing, Grantee in this document specifically assumes
all responsibility for replatting of the above described real property, if the same ever
be required by any governmental entity, and Grantee agrees agree to pay all costs
related to same.
10. Grantee represents to Grantor and agrees that neither Grantor, nor any agent
for Grantor, has made any representation or promise concerning quantity, area, quality,
zoning, platting, condition, habitability, or otherwise of the property, or any
improvement located thereon, about possession of the property, about the flooding of
such property, encroachments on such property, or about the suitability of the property
for any use intended by Grantee, or any other matter relating to such property and that
Grantee has have determined for itself all matters acid conditions relating to such
property and is relying only on its own determinations about such property.
11. This conveyance is a gift; therefore, and without limiting the foregoing,
there aze no warranties of title of otherwise, neither express nor implied.
Conveyance:
Grantor, as a charitable contribution to Grantee, has GIVEN, GRANTED, and CONVEYED,
and hereby GIVES, GRANTS, and CONVEYS, to Grantee all of the above described real property,
together with all and singular, the rights, members, and appurtenances to the same in any manner
belonging, to have and to hold the above described premises unto the said Grantee, Grantee's heirs,
successors, and assigns, forever.
When the context requires, singulaz nouns and pronouns include the plural.
Betty Grant Armstrong and Douglas W. Grant, Jr. do business as "D. W. Grant, Trustee", a
partnership. Douglas W. Grant, Jr. is not joined in this conveyance by his spouse, for his interest in
the property conveyed is his separate property and is not part of the homestead of Douglas W. Grant,
Jr. or his spouse.
Betty Gran rmstrong
`'°' %,
Douglas W rant, Jr.
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged
Armstrong and Douglas W. Grant, Jr.. /
""~, N. J. WELSH, III
MY COMMISSION p(PIRES
••~~• OcroCn 17, 2005
Return to:
N. J. Welsh, III
426 So. Tancahua
Corpus Christi, TX 78401
December 31_,Q2 03, by Betty Grant
Not~'c, State of Texas
My commission expires: 10/17/2005
N. J. Welsh, III _
(printed name)
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(361)854-3101
`II RB/~~
ENGINEERING
P.O. BOX 6355 CORPUS CHRISTI, TEXAS 78466-6355
1.857 Acre Tract
State of Texas
County of Nueces
FAX (367)854-6001
Fieldnotes fora 1.857 acre tract of land out of the Webb Tract, Nueces County,
Texas, and out of the E.R. Oliver Tract, also known as Tracts B and D, Nueces County,
Texas; said 1.857 acre tract being more fully described by metes and bounds as follows:
Beginning at a point on the north boundary of Mueller Street, a 60.00 foot wide
public roadway, for a corner of Lot 2, Block 1, Driscoll Village, a map of which is
recorded in Volume 12, Page 43, Map Records of Nueces County, Texas, from which
point, a found axle bears South 58°08'02" West 0.13 feet;
Thence, South 58°46'30" East, along the southwest boundazy of said Block 1,
Driscoll Village, a distance of 150.24 feet to a 5/8 inch iron rod with red plastic cap
stamped "URBAN ENGR C.C. TX" set for a corner of Lot 5, said Block 1 and of this
tract;
Thence, South 56°23'00" East, continuing along the southwest boundary of said
Block I, a distance of 602.51 feet to a 5/8 inch iron rod with red plastic cap stamped
"URBAN ENGR C.C. TX" set on the southwest boundary of Lot 16, said Block 1, for the
north comer of Lot 17, Suburban Homesite Subdivision, a map of which is recorded in
Volume 2, Page 80, Map Records of Nueces County, Texas and for the east corner of this
tract;
Thence, South 33°31'40" West, along the northwest boundary of said Suburban
Homesite Subdivision, a distance of 156.05 feet to a 5/8 inch iron rod with red plastic cap
stamped "URBAN ENGR C.C. TX" set on the north boundazy of the aforementioned
Mue]ler Street for the southeast comer of this tract;
Thence, North 54°24'50" West, along the north boundary of said Mueller Street, a
distance of 267.77 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN
ENGR C.C. TX" set for a corner of this tract;
Thence, North 43°52'30" West, continuing along the north boundary of said
Mueller Street, a distance of 230.50 feet to a 5/8 inch iron rod with red plastic cap
stamped "URBAN ENGR C.C. TX" set for a corner of this tract;
S:U 9664\0001\FN396640001.doc
2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404
mailQurbaneng.com
Job No. 39664.00.01
December 1, 2004
Page 1 of 2
Thence, North 37°10'36" West, continuing along the north boundary of said
Mueller Street, a distance of 275.56 feet to the Point of Beginning and containing 1.857
acres (80,892 square feet) of land.
Bearing based on the recorded plat of Driscoll Village, a map of which is
recorded in Volume 12, Page 43, Map Records of Nueces County, Texas.
Unless this fieldnotes description, including preamble, seal and signature, appears
in its entirety, in its original form, surveyor assumes no responsibility for its accuracy.
Urban Engineering
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S:\39664\0001\FN396640001.doc Page 2 of 2
EXHIBIT C
OTHER FEDERAL REQUIREMENTS
Messianic shall comply with all federal, state, and local laws, rules, and
regulations applicable to the activities and performances rendered by Messianic
under this Agreement including; but not limited to, the laws, rules, and the
regulations specified in Sections I through VI of this Exhibit C.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. Sections 3601-20) and
implementing regulations at 24 CFR Part 100; Executive Order
11063, as amended by Executive Order 12259 (3 CFR, 1958-1963
Comp., 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. 2000ed) (Nondiscrimi-
nation 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 Ex-ecutive Order 10063." The failure or refusal of
CDC 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 Part 107.60;
The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.S.C. Sections 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. Sec. 794) and
implementing regulations at 24 CFR Part 8;
The requirements of Executive Order 11246 (3 CFR, 1964-65,
Comp., p. 339) (Equal Opportunity) and the implementing regulations
at 24 CFR Part 8;
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. The CDC 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. The CDC will be
required to identify contracts which have been bid by minority owned,
women owned, and/or small disadvantaged businesses;
The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et
seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794)
and "Nondiscrimination Based on Handicap in Federally-Assisted
Programs and Ac-tivities of the Department of Housing and Urban
Development," 24 CFR Part 8. By signing this Agreement, CDC
understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR Part 8 and the Archi-tectural
Barriers Act of 1968 (42 U.S.C. Sec. 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 19988, Floodplain Management, May 24, 1977 (42
Fed. Reg. 26951), particularly Section 2(a);
• 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 Sections 307(c) and (d) [(16 U.S.C.
Sections 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. Sections 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.
Sections 1278(b) and (c)];
• The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended,
particularly Sections 176(c) and (d)); and
• Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et
seq.)
• 24 CFR Part 51, Environmental Criteria and Standards.
IV. RELOCATION AND ACQUISITION
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.), 49 CFR Part 24,
and 24 CFR Section 570.496a [(55 Fed. Reg. 29309 (July 18, 1990)].
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
FOR AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a member of congress, an officer or em-
ployee of congress, or an employee of a member of congress in connection with
the awarding of any federal agreement, the making of any federal grant, the mak-
ing of any federal loan, the entering into of any cooperative agreement, or modifi-
cation of any federal agreement, 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 em-
ployee of any agency, a member of congress, an officer or employee of con-
gress, or an employee of a member of congress in connection with this federal
agreement, grant, loan, or cooperative agreement, the undersigned shall com-
plete and submit standard form - LLL, "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 sub-
agreements, subgrant, and agreements under grants, loans, and cooperative
agreements) and that subrecipients shall certify and disclose accordingly.
This certification is material representation of fact 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 31 U.S.C.
Section 1352. 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.
ip Church of Corpus Christi
RobJ nes, resident
`~' oZUD
Date