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SAMUEL PLACE APARTMENTS
FY09 CHDO HOME FUNDING AGREEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
SECTION 1. PARTIES TO AGREEMENT
This Agreement ( "Agreement ") is made and entered into by and between the
Corpus Christi Community Improvement Corporation, a non - profit corporation organized
under the laws of the State of Texas ( "CCCIC ") and HCS 310, LLC, a limited liability
company organized under the laws of the State of Texas, doing business as Samuel
Place Apartments, acting by and through its sole member, TG 110, Inc., a Texas
corporation, hereinafter such company is referred to as a Community Housing
Development Organization ( "CHDO "). The parties to this Agreement have severally and
collectively agreed and by the execution of this Agreement are bound to the mutual
obligations and to the performance and accomplishment of the tasks described in this
Agreement.
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This Agreement commences upon execution and terminates A4�rrr 30, 2011,
unless otherwise specifically provided by the terms of this Agreement.
SECTION 2. AGREEMENT PERIOD
SECTION 3. GRANT
CCCIC agrees to grant the CHDO up to $200,000, subject to the terms and
conditions of this Agreement.
SECTION 4. CHDO PERFORMANCE
A. With grant funds provided under this Agreement, CHDO shall rehabilitate a 60 -unit
apartment building complex by replacing the roofs of the buildings (to include the
installation of new decking and 35 -year shingles) and installing a rain gutter system on
the buildings, which complex is located within the City of Corpus Christi, Texas (the
"Project "), in conformity with the performance statements in Exhibit "A" ( "Budget and
Construction Schedule "), which exhibit is attached to this Agreement and incorporated
into this Agreement by reference as if fully set out in this Agreement. CHDO shall
ensure that all units are HOME - assisted and that two (2) units will be fully compliant
with the federal Americans with Disabilities Act in terms of accessibility. CHDO must
ensure that the Project complies with and is administered in accordance with the HOME
Investment Partnerships Act of 1990, 42 U.S.C. § §12701 et. seq., and implementing
federal regulations contained in 24 CFR Part 92 ( "HOME "); TEXAS GOVERNMENT CODE,
Chapter 2306 and the Texas HOME Program Rules contained in 10 TAC Part I; and the
CCCIC's HOME Program Guidelines and Application Package. Additionally, CHDO
2009 -595 perform all activities in accordance with the terms of the Budget
11/17/09 edule, hereinafter referred to as Exhibit "A "; the Other Federal
CCCYC INDEXED
Requirements, hereinafter referred to as Exhibit "B "; the Certification Regarding
Lobbying, hereinafter referred to as Exhibit "C "; the Covenant of Affordability,
hereinafter referred to as Exhibit "D "; the assurances, certifications, and all other
statements made by CHDO in its application to the City of Corpus Christi, Texas, for the
Project funded under this Agreement; and with all other terms, provisions, and
requirements set forth in this Agreement. All of the exhibits referenced in this section
are attached to this Agreement and incorporated in this Agreement by reference as if
fully set out in their entirety. CHDO shall submit an updated Budget and Construction
Schedule within ten (10) days of the execution of this Agreement; upon submission, the
updated schedule is incorporated into this Agreement by reference.
B. CHDO shall ensure that all grant funding per housing unit is provided for
construction materials, supplies, and labor and is expended in accordance with the
HOME regulations during the construction of each housing unit assisted under this
Agreement.
SECTION 5. CCCIC OBLIGATIONS
A. Measure of Liability. In consideration of CHDO's full and satisfactory performance
of the activities to be accomplished in this Agreement, the CCCIC shall be liable for
payment of actual and reasonable costs incurred by CHDO during the Agreement
period for performances rendered under this Agreement by CHDO, subject to the
limitations set forth in this Agreement.
1. It is expressly understood and agreed by the parties hereto that the CCCIC's
obligations under this Section 5 are contingent upon the actual receipt of
adequate federal funds to meet the CCCIC's liabilities under this Agreement.
If adequate funds are not available to make payments under this Agreement,
the CCCIC shall notify CHDO in writing within a reasonable time after such
fact is determined. The CCCIC shall then terminate this Agreement and will
not be liable for failure to make payments to CHDO under this Agreement.
2. The CCCIC shall not be liable to CHDO for any costs incurred by CHDO, or
any portion thereof, which has been paid to CHDO or is subject to payment
to CHDO, or has been reimbursed to CHDO or is subject to reimbursement
to CHDO by any source other than the CCCIC.
3. The CCCIC shall not be liable to CHDO for any costs incurred by CHDO
which are not allowable costs, as set forth in 24 CFR 92.206 and Section 6
of this Agreement. Funds provided under this Agreement may not be used
for payment of prohibited activities as defined in 24 CFR 92.214.
4. The CCCIC shall not be liable to CHDO for any costs incurred by CHDO or
for any performances rendered by CHDO which are not strictly in
accordance with the terms of this Agreement, including the terms of Exhibits
A, B, C, and D of this Agreement and the latter- provided updated schedule.
5. The CCCIC shall not be liable for costs incurred or performances rendered
by CHDO before commencement of this Agreement or after termination of
this Agreement.
B. Limit of Liability. Notwithstanding any other provision of this Agreement, the total of
all payments and other obligations incurred by the CCCIC under this Agreement may
not exceed the sum of Two Hundred Thousand Dollars ($200,000). It is agreed that the
total amount of $200,000 will be provided as a grant. This sum includes only
construction assistance funds.
SECTION 6. DISBURSEMENT OF FUNDS
A. The CCCIC will provide to CHDO construction funds under this Agreement in
accordance with the requirements of 24 CFR 92.502. CHDO may not request
disbursement of funds under this Agreement until the funds are needed for payment of
eligible costs. All work related to a request for construction costs will be inspected prior
to disbursement of funds.
B. It is expressly
this Agreement ar
obligations under
unexpended funds
that CHDO will be
the CCCIC. .
understood and agreed by the parties hereto that payments under
contingent upon CHDO's full and satisfactory performance of its
this Agreement. The CCCIC
provided under this Agreement it
unable to expend funds within the
eserves the right to recapture
the event the CCCIC determines
prescribed time as determined by
SECTION 7. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND
PROGRAM INCOME
A. CHDO shall comply with the applicable requirements of OMB Circular No. A -87 and
24 CFR 85.6, 85.12, 85.20, 85.22, 85.26, 85.32 through 85.34, 85.35, 85.36, 85.44,
85.51, and 85.52.
B. CHDO must comply with applicable regulations under OMB Circular No. A -110, A-
122 and the following requirements of 24 CFR part 84: §§ 84.2, 84.5, 84-13, 84.28,
84.30, 84.31, 84.34 through 84.37, 84.40 through 84.48, 84.51, 84.60 through 84.62,
84.72, and 84.73 pursuant to 24 CFR 92.505. CHDO may retain program income only
in conformity with all applicable federal laws, rules, and regulations.
C. CHDO shall maintain records of the receipt, accrual, and disposition of all program
income funds, if any, in the same manner as required for in Section 7 of this Agreement
for all funds under this Agreement. CHDO shall provide reports of program income, as
requested by the CCCIC and at the termination of this Agreement.
D. If permitted under this Agreement, any and all program income must be reinvested
by CHDO and applied towards the construction of qualified housing initiatives for low -
and moderate - income individuals and families, including, but not limited to, acquisition
and rehabilitation of rental or home ownership projects, which have been pre- approved
in writing by the CCCIC.
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 3 of 18
SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS
A. CHDO must establish and maintain those records listed under 24 CFR 92.508 and
other records as may be determined by the CCCIC.
B. CHDO shall give the CCCIC, the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books, accounts,
records, reports, files, and other papers, things, or property belonging to or in use by
CHDO pertaining to this Agreement. Such rights to access shall continue as long as the
records are retained by CHDO. CHDO agrees to maintain such records in an
accessible location.
C. All records pertinent to this Agreement shall be retained by CHDO for five years
following the date of termination of this Agreement or of submission of the final close-
out report, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the five -year
period and extends beyond the five -year period, the records will be
maintained until all litigation, claims or audit findings involving the records
have been resolved.
2. Records relating to real property acquisition shall be retained for the period
of affordability required under 24 CFR 92.254 or 24 CFR 92.252 as
applicable, plus five years.
3. Records covering displacement and acquisitions must be retained for at least
five years after the date by which all persons displaced from the property and
all persons whose property is acquired for the Project have received the final
payment to which they are entitled in accordance with 24 CFR 92.353.
D. CHDO shall include the substance of this Section 8 in all subcontracts.
E. CHDO must provide citizens, public agencies, and other interested parties with
reasonable access to records consistent with the Texas Open Records Act, TEXAS
GOVERNMENT CODE, Chapter 552.
SECTION 9. REPORTING REQUIREMENTS
A. CHDO shall submit to the CCCIC such reports on the operation and performance of
this Agreement as may be required by the CCCIC including but not limited to the reports
specified in this Section 9. CHDO shall provide the CCCIC with all reports necessary
for the CCCIC's compliance with 24 CFR 92.509 and 24 CFR Part 92, Subpart L.
Additionally, CHDO shall adhere to, comply with, and provide reports based on the
Performance Measurement System utilized by the CCCIC for HUD reporting purposes.
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 4 of 18
B. In addition to the limitations on liability otherwise specified in this Agreement, it is
expressly understood and agreed by the parties hereto that, if CHDO fails to submit to
the CCCIC in a timely and satisfactory manner any report required by this Agreement,
the CCCIC may, at its sole option and in its sole discretion, withhold any or all payments
otherwise due or requested by CHDO hereunder. If the CCCIC withholds such
payments, it shall notify CHDO in writing of its decision and the reasons therefore.
Payments withheld pursuant to this paragraph may be held by CCCIC until such time as
the delinquent obligations for which funds are withheld are fulfilled by CHDO.
C. Acknowledgment of Funding Source. CHDO shall give credit to the CCCIC as the
Project funding source in all presentations, written documents, publicity and
advertisements regarding the development.
SECTION 10. MONITORING
The CCCIC reserves the right to, from time to time, carry out field inspections to
ensure compliance with the requirements of this Agreement. After each monitoring visit,
the CCCIC shall provide CHDO with a written report of the monitor's findings. if the
monitoring report notes deficiencies in CHDO's required performances under the terms
of this Agreement, the monitoring report shall include requirements for the timely
,correction of such deficiencies by CHDO. Failure by CHDO to take the action(s)
specified in the monitoring report may be cause for suspension or termination of this
Agreement, as provided in Sections 18 and 19 of this Agreement.
SECTION 11. INDEMNIFICATION BY CHDO
A. It is expressly understood and agreed by the parties to this
Agreement that the CCCIC is contracting with CHDO as an
independent CHDO, and that CHDO, as such, agrees to hold the
CCCIC harmless and to indemnify the CCCIC, its officers, officials,
employees, representatives, and agents from and against any and all
claims, demands, actions, and causes of action of every kind and
character which may be asserted by any third party occurring or in
any way incident to, arising out of, or in connection with the services
to be performed by CHDO under this Agreement. Additionally, CHDO
agrees that it will indemnify and hold harmless the City of Corpus
Christi and the CCCIC ( "Indemnitees`), their respective officers,
officials, employees, representatives, and agents from and against all
claims, demands, actions, damages, losses, costs, liabilities,
expenses, and judgments recovered from or asserted against the City
of Corpus Christi or the CCCIC on account of injury or damage to
persons or property, including death, premises defects, and workers'
compensation claims, to the extent any such damage or injury may be
incident to, arise out of, or be caused by, either proximately or
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 5 of 18
remotely, wholly or in part, an act or omission, negligence, or
misconduct on the part of CHDO or any of its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees
entering upon the housing being constructed or improved pursuant to
this Agreement or when any such injury or damage is the result,
proximate or remote, of the violation by CHDO or any of its agents,
servants, employees, contractors, patrons, guests, licensees, or
invitees of any law, ordinance, or governmental order of any kind, or
when any such injury or damage may in any other way arise from or
out of the acquisition, rehabilitation, modification, or construction of
the housing, or out of the use or occupancy of the housing itself by
CHDO, its agents, servants, employees, contractors, patrons, guests,
licensees, or invitees, including without limitation, any damages or
costs which may occur as a result of the design of the rehabilitation,
modification, or construction of the housing, the bidding process,
administration of the construction contracts by the CCCIC or its
designee, failure of the housing prior to completion and acceptance
of the rehabilitation, modification, or construction by the CCCIC,
failure of the rehabilitation, modification, or construction of the
housing to work as designed, failure of any contractor, subcontractor,
or manufacturer to honor its warranties, or failure of CHDO to
maintain the housing. These terms of indemnification shall be
effective upon the date of execution of this Agreement and whether
such injury or damage may result from the contributory negligence or
concurrent negligence of Indemnitees; but not if such damage or
injury may result from gross negligence or willful misconduct of
Indemnitees. CHDO covenants and agrees that, in case the City of
Corpus Christi or the CCCIC is made a party to any litigation against
CHDO or in any litigation commenced by any party relating to this
Agreement and the housing contemplated hereunder, CHDO shall and
will pay all costs and expenses, including reasonable attorneys' fees
and court costs incurred by or imposed upon the City of Corpus
Christi or CCCIC by virtue of any such litigation.
B. CHDO, for and in consideration of the CCCIC's participation in this
Agreement, hereby agrees and covenants that CHDO will never
institute any suit or action at law against the City of Corpus Christi,
CCCIC, their officers, agents, servants, or employees, (hereinafter
referred to as Releasees), related to the performance by any party
under this Agreement, nor institute, prosecute, or in any way aid in
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 6 of 18
the institution or prosecution of any claim, demand, action, or cause
of action for damages, costs, expenses, or compensation for property
damage or injuries, related to the performance by any party under this
Agreement, whether or not caused by the negligence of Releasees.
SECTION 12. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
CHDO may not subcontract for performances described in this Agreement without
obtaining the CCCIC's prior written approval. CHDO shall only subcontract for
performances described in this Agreement to which the federal labor standards
requirements apply after CHDO has submitted a Subcontractor Eligibility form, as
specified by the CCCIC, for each such proposed subcontract, and CHDO has obtained
the CCCIC's prior written approval, based on the information submitted, of CHDO's
intent to enter into such proposed subcontract. CHDO, in subcontracting for or by
entering into separate agreements with third parties to provide any of the performances
required in this Agreement, expressly understands that in entering into such
subcontracts and separate agreements, the CCCIC is not in any manner liable to
CHDO's subcontractor(s) or third parties to whom CHDO may be legally obligated.
B. In no event shall any provision of this Section 12, specifically, the requirement that
CHDO obtain the CCCIC's prior written approval of a subcontractor's eligibility, be
construed as relieving CHDO of the responsibility for ensuring that the performances
rendered under all subcontracts and separate agreements are rendered so as to comply
with all of the terms of this Agreement, as if such performances were rendered by
CHDO. The CCCIC's approval of subcontractor's eligibility under this Section 12 does
not constitute adoption, ratification, or acceptance of CHDO's or subcontractor's
performance hereunder. The act of approval of subcontractor's eligibility under this
Section 12 does not waive any right of action which may exist or which may
subsequently accrue to the CCCIC under this Agreement. The CCCIC retains at all
times the right to insist upon CHDO's full compliance with the terms of this Agreement.
C. CHDO shall comply with all applicable federal, State, and local laws, regulations,
rules, and ordinances when making procurements under this Agreement.
D. CHDO shall comply with all applicable federal, State, and local laws, regulations,
rules, and ordinances for the term of this Agreement.
SECTION 13. CONFLICT OF INTEREST
CHDO shall ensure that no person who (1) is an employee, agent, consultant,
officer or elected or appointed official of the CCCIC that receives funds and who
exercises or has exercised any functions or responsibilities with respect to activities
assisted with funds provided under this Agreement or (2) is in a position to participate in
a decision making process or gain inside information with regard to such activities may
obtain a personal or financial interest or benefit from a HOME assisted activity or have
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 7 of 18
an interest in any agreement, subcontract, or contract (or the proceeds thereof) with
respect to a HOME assisted activity either for themselves or those with whom they have
family or business ties, during their tenure or for one year thereafter. CHDO shall
ensure compliance with applicable provisions under 24 CFR 92.356 and OMB Circular
A -110 in the procurement of property and services.
SECTION 14. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. CHDO shall ensure that no person shall on the grounds of race,
color, religion, sex, age, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this Agreement.
In addition, funds provided under this Agreement must be made available in accordance
with the requirements of section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. §1701 u) such that:
To the greatest extent feasible, opportunities for training and employment
arising in connection with the planning and carrying out of any project
assisted with HOME funds provided under this Agreement be given to low -
income persons residing within the general local government area or
metropolitan area or nonmetropolitan county in which the Project is located;
and
2. To the greatest extent feasible, agreements for work to be performed in
connection with any such Project be awarded to business concerns,
including, but not limited to, individuals or firms doing business in the field of
planning, consulting, design, architecture, building construction,
rehabilitation, maintenance, or repair, which are located in or owned in
substantial part by persons residing in the same metropolitan area or
nonmetropolitan county as the Project.
B. Religious Organizations. In accordance with 24 CFR 92.257, CHDO shall ensure
that organizations which are religious or faith -based are eligible, on the same basis as
any other organization, to participate in the Project. Organizations that are funded
under the HOME Program may not engage in inherently religious activities, such as
worship, religious instruction, or prose lytizati on, as part of the assistance funded under
this Agreement. If an organization conducts such activities, the activities must be
offered separately, in time or location, from the assistance funded under this
Agreement, and participation must be voluntary for the beneficiaries of the assistance
provided. A religious organization that participates in the HOME Program will retain its
independence from federal, state, and local governments and may continue to carry out
its mission including the definition, practice, and expression of religious beliefs, provided
that it does not use direct HOME funds to support any inherently religious activities,
such as worship, religious instruction, or prose lytization. An organization that
participates in the HOME Program shall not, in providing program assistance,
discriminate against a program beneficiary or prospective program beneficiary on the
basis of religion or religious belief. HOME funds may not be used for the acquisition,
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 8 of 18
construction, or rehabilitation of structures to the extent that those structures are used
for inherently religious activities. HOME funds may be used for the acquisition,
construction, or rehabilitation of structures only to the extent that those structures are
used for inherently religious activities and eligible to be assisted under the HOME
Program. Where a structure is used for both eligible and inherently religious activities,
HOME funds may not exceed the cost of those portions of the acquisition, construction
or rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to HOME funds under this Agreement.
Sanctuaries, chapels, or other rooms that a HOME - funded religious congregation uses
as its principal place of worship, however, are ineligible for HOME - funded
improvements.
SECTION 15. LEGAL AUTHORITY
A. CHDO assures and guarantees that CHDO possesses the legal authority to enter
into this Agreement, receive funds authorized by this Agreement, and to perform the
services CHDO has obligated itself to perform in this Agreement.
B. The person or persons signing and executing this Agreement on behalf of CHDO,
or representing themselves as signing and executing this Agreement on behalf of
CHDO, do hereby warrant and guarantee that they have been duly authorized by CHDO
to execute this Agreement on behalf of CHDO and to validly and legally bind CHDO to
all terms, performances, and provisions set forth in this Agreement.
C. CHDO shall not employ, award a contract to, or fund any person or entity that has
been debarred, suspended, proposed for debarment, or placed on ineligibility status by
the federal government. In addition, the CCCIC shall have the right to suspend or
terminate this Agreement if CHDO is debarred, suspended, proposed for debarment, or
ineligible from participating in the HOME Program.
SECTION 16. LITIGATION AND CLAIMS
CHDO shall give the CCCIC immediate notice in writing of 1) any action,
including any proceeding before an administrative agency filed against CHDO in
connection with this Agreement; and 2) any claim against CHDO, the cost and expense
of which CHDO may be entitled to be reimbursed by the CCCIC. Except as otherwise
directed by the CCCIC, CHDO shall furnish immediately to the CCCIC copies of all
pertinent papers received by CHDO with. respect to such action or claim.
SECTION 17. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this Agreement, any alterations,
additions, or deletions to the terms of this Agreement shall be by written amendment
and executed by both parties to this Agreement. Modifications which change or extend
the term but do not change the essential scope and purpose of this Agreement may be
approved on behalf of the CCCIC by the General Manager.
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 9 of 18
B. It is understood and agreed by the parties to this Agreement that performances
under this Agreement must be rendered in accordance with the HOME Investment
Partnerships Act of 1990, 42 U.S.C. § §12701 et. seq., the regulations promulgated
under such Act, the assurances and certifications made to the CCCIC by CHDO, and
the assurances and certifications made to HUD by the CCCIC with regard to the
operation of the HOME Program. Based on these considerations, and in order to
ensure the legal and effective performance of this Agreement by both parties, it is
agreed by the parties to this Agreement that the performances required under this
Agreement are amended by the provisions of the HOME Program and any amendments
thereto and may further be amended in the following manner: HUD may, from time to
time during the period of performance of this Agreement, issue policy directives or
regulations which serve to establish, interpret, or clarify performance requirements
under this Agreement. Such policy directives promulgated in the form of HOME
Issuances shall have the effect of modifying the terms of this Agreement and shall be
binding upon CHDO, as if written herein, provided however, that such policy directives
and any amendments shall not alter the terms of this Agreement so as to release the
CCCIC of any obligation specified in Section 4 of this Agreement to reimburse costs
incurred by CHDO prior to the effective date of said amendments or policy directives
unless barred by federal or State law.
C. Any alterations, additions, or deletions to the terms and conditions of this
Agreement which are required by changes in federal law or regulations are
automatically incorporated into this Agreement without written amendment hereto and
shall become effective on the date designated by such law or regulation. The CCCIC or
CHDO may require written changes or amendments to this Agreement when any
substantial alterations, additions, or deletions to the terms of this Agreement are
required by changes in federal law or regulations.
D. CHDO has provided an estimated Budget and Construction Schedule based upon
the proposed funding assistance and construction that is the subject of this Agreement,
such schedule being attached to, incorporated into, .and made a part of this Agreement
for all purposes as Exhibit "A." Ten days following the execution of this Agreement, but
in no event less than ten days prior to the receipt of any federal funds provided to
CHDO as contemplated under this Agreement, CHDO will provide a finalized Budget
and Construction Schedule, which includes a Project implementation schedule, a
schedule of estimated costs, and a schedule of completion for the various aspects of
construction of the housing, such finalized schedule to be substituted for the then
existing Exhibit "A" and which will become Exhibit "A" of this Agreement for all purposes.
SECTION 18. SUSPENSION
In the event CHDO fails to comply with any term of this Agreement, the CCCIC
may, in accordance with 24 CFR 85.43 and upon written notification to CHDO, suspend
this Agreement in whole or in part, withhold further payments to CHDO, and prohibit
CHDO from incurring additional obligations of funds under this Agreement.
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 10 of 18
SECTION 19. TERMINATION
A. The CCCIC may terminate this Agreement, in whole or in part, in accordance with
24 CFR 85.43 and this Section 19. The CCCIC may also terminate this Agreement for
convenience in accordance with 24 CFR 85.44. In the event CHDO materially fails, as
determined by the CCCIC, to comply with any term of this Agreement, whether stated in
a federal statute or regulation, an assurance, in a State plan or application, a notice of
award, or elsewhere, the CCCIC may take one or more of the following actions:
Temporarily withhold cash payments pending correction of the deficiency
by the CHDO or take more severe enforcement action against CHDO.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the current award for the CHDO
program.
4. Withhold further HOME awards from CHDO.
5. Take other remedies that may be legally available.
B. Additionally, this Agreement may be cancelled upon thirty -day notice of cancellation
upon mutual consent of the parties.
SECTION 20. AUDIT
A. Unless otherwise directed by the CCCIC, CHDO shall arrange for the performance
of an annual financial and compliance audit of funds received and performances
rendered under this Agreement, subject of the following conditions and limitations:
1. CHDO shall have an audit made in accordance with 24 CFR 92.506, i.e., 24
CFR Part 85.26 or OMB Circular A -133 for any of its fiscal years included
within the Agreement period specified in Section 2 of this Agreement in
which CHDO receives more than $500,000 in federal financial assistance
provided by a federal agency in the form of grants, agreements, loans, loan
guarantees, property, cooperative agreements, interest subsidies, insurance
or direct appropriations, but federal financial assistance does not include
direct federal cash assistance to individuals. The term includes awards of
federal financial assistance received directly from federal agencies, or
indirectly through other units of state and local government.
2. At the option of CHDO, each audit required by this section may cover either
CHDO's entire operations or each department, agency, or establishment of
CHDO which received, expended or otherwise administered federal funds.
3. Notwithstanding Section 5(a)(4), Section 5(a)(5), and Section 6 of this
Agreement, following advance written notice by CHDO and advance written
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 11 of 18
approval of the CCCIC, CHDO may utilize funds budgeted under this
Agreement to pay for that portion of the cost of such audit services properly
allocable to the activities funded by the CCCIC under this Agreement,
provided however, that the CCCIC shall not make payment for the cost of
such audit services until the CCCIC has received such audit report from
CHDO.
4. Unless otherwise specifically authorized by the CCCIC in writing, CHDO
shall submit the report of such audit to the CCCIC within thirty (30) days after
completion of the audit but no later than one (1) year after the end of each
federal fiscal period included within the period of this Agreement. Audits
performed under subsection A of this Section 20 are subject to review and
resolution by the CCCIC or its authorized representative.
5. As part of its audit, CHDO shall verify expenditures according to the amounts
detailed in Exhibit "A."
B. Notwithstanding subsection A of this Section 20, the CCCIC reserves the right to
conduct an annual financial and compliance audit of funds received and performances
rendered under this Agreement. CHDO agrees to permit the CCCIC or its authorized
representative to audit CHDO's records and to obtain any documents, materials, or
information necessary to facilitate such audit. Should an audit not be required by
subsection A of this Section 20, CHDO shall provide an annual audit to the CCCIC of
funds received in performance of this Agreement.
C. CHDO understands and agrees that it shall be liable to the CCCIC for any costs
disallowed pursuant to financial and compliance audit(s) of funds received under this
Agreement. CHDO further understands and agrees that reimbursement to the CCCIC
of such disallowed costs shall be paid by CHDO from funds which were not provided or
otherwise made available to CHDO under this Agreement.
D. CHDO shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 20 as CCCIC may require of CHDO.
E. All approved HOME audit reports shall be made available for public inspection
within 30 days after completion of the audit.
SECTION 21. ENVIRONMENTAL CLEARANCE REQUIREMENTS
CHDO understands and agrees that, by the execution of this Agreement, CHDO
shall assume the responsibilities for environmental review, decision making, and other
actions in accordance with, and to the extent specified in, 24 CFR 92.352 and 24 CFR
Part 58.
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 12 of 18
SECTION 22. LABOR STANDARDS
All laborers and mechanics employed in the rehabilitation of a project or program
assisted under this Agreement that contains 12 or more dwelling units must be paid
wages at rates determined by the U. S. Secretary of Labor in accordance with the
Davis -Bacon Act (40 U.S.C. §276a -5), and contracts involving their employment are
subject to the applicable provisions of the Contract Work Hours and Safety Standards
Act (40 U.S.C. § §327 -333). Construction contractors and subcontractors must comply
with regulations issued under these Acts and with other federal laws and regulations
pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards
Compliance in Housing and Community Development Programs), as applicable.
SECTION 23. SPECIAL CONDITIONS
A. Release of Funds. The CCCIC shall not release any funds for any costs incurred
by CHDO under this Agreement until the CCCIC has received certification from CHDO
that its fiscal control and fund accounting procedures are adequate to assure the proper
dis- bursal of and accounting for funds provided under this Agreement. The CCCIC shall
specify the content and form of such certification.
B. Affordability Requirements. CHDO must ensure that all sixty (60) units improved
with funds provided under this Agreement for rehabilitation of affordable housing meet
the affordability requirements of the federal HOME regulations for a period of five (5)
years from the date of completion of the rehabilitation, -such date of completion
presently unknown but anticipated to be not later than 31, 2011. Under this
Agreement, a total of sixty (60) Project units must be designated by CHDO as HOME -
assisted floating units and be utilized by CHDO at all times in full compliance with
applicable federal HOME regulations. Furthermore, CHDO must ensure that at least
20% of the units rehabilitated with funds received under this Agreement meet federal
Section 8 Low Rent limits established by federal law, if applicable to this Project, and
that two (2) units will be fully compliant with the federal Americans with Disabilities Act
in terms of accessibility. CHDO agrees to repay all HOME funds governed by this
Agreement if the Project or any portion thereof fails to comply or ceases to comply with
the affordability requirements set forth in this Agreement, in the Covenant of
Affordability (discussed below), or under federal law. CHDO shall ensure that each
property on which housing is rehabilitated by CHDO under this Agreement is bound, by
a covenant running with the land, to secure repayment of funds provided through this
Agreement, as required by federal law. CHDO shall secure these affordability
requirement provisions, expressed in Exhibit "D," as a deed covenant filed of record for
each property rehabilitated with HOME funds provided under this Agreement
( "Covenant of Affordability "). CHDO shall ensure that the requirements of the Covenant
of Affordability continue to be met throughout the term of this Agreement, and such
obligation shall be binding upon the successors, assigns, and transferees of the CHDO
and the property, as required by 24 CFR 92.254, until such covenant is satisfied.
CHDO shall ensure that the executed Covenant of Affordability is recorded in the real
property records of Nueces County and that the original deed covenant, duly certified as
to recordation by the appropriate county official, is returned to the CCCIC within thirty
,c1t /a
1 ;V
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 13 of 18
days of Project completion. A sample Covenant of Affordability is attached to this
Agreement as Exhibit "D" and is incorporated in this Agreement by reference as if fully
executed, set out, and included in this Agreement. Once executed and recorded, such
completed Covenant of Affordability supersedes the sample Exhibit "D" attached, for all
intents and purposes under this Agreement.
C. Repayment. CHDO agrees that all repayments, including all interest and any other
return on the investment of HOME funds, will be made to the CCCIC based on the
provisions set out in subsection B of this section upon any sale (voluntary or
involuntary), foreclosure, or transfer in lieu of foreclosure that occurs during the
affordability period for each HOME - assisted property, unless otherwise disallowed by
the CCCIC and federal law.
D. Housing Quality Standards. CHDO shall ensure that all housing assisted with funds
provided under this Agreement meets the requirements of 24 CFR 92.251.
E. Affirmative Marketing. CHDO shall adopt and submit for the CCCIC's approval
affirmative marketing procedures and requirements not later than 30 days after the date
this Agreement is executed. The affirmative marketing procedures and requirements
shall include, but need not be limited to, those specified in 24 CFR 92.351. The CCCIC
will assess the efforts of the CHDO during marketing of the units by use of compliance
certification or personal monitoring visits to the Project at least annually. Where a
CHDO fails to follow the affirmative marketing requirements, corrective actions shall
include extensive outreach efforts to appropriate contacts to achieve the occupancy
goals, objectives, or other sanctions the CCCIC may deem necessary. CHDO must
provide the CCCIC with an annual assessment of the affirmative marketing program of
the housing development. The assessment must include:
Method used to inform the public and potential homebuyers about federal fair
housing laws and affirmative marketing policy. CHDO's advertising of vacant
units must include the equal housing opportunity logo or statement.
Advertising media may include newspaper, radio, television, brochures,
leaflets, or may involve simply a sign in a window. CHDO may wish to use
community organizations, places of worship, employment centers, fair
housing groups, housing counseling agencies, social service centers or
medical service centers as resources for this outreach.
2. Records describing actions taken by the CHDO to affirmatively market units
and records to assess the results of these actions. CHDO must maintain a
file containing all marketing efforts (i.e. copies of newspapers ads, memos of
phone calls, copies of letters) to be available for inspection at least annually
by the CCCIC.
3. Copies of completed applications for vacant units. CHDO shall solicit
applications for vacant units from persons in the housing market who are
least likely to apply for the constructed housing without benefit of special
outreach efforts. In general, persons who are not of the race/ethnicity of the
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 14 of 18
residents of the neighborhood in which the constructed unit is located shall
be considered those least likely to apply.
4. A list of assisted renters. CHDO shall maintain a listing of all renters residing
in each unit through the end of each applicable compliance or affordability
period.
F. Reversion of Assets. Upon termination or expiration of this Agreement, all funds
remaining on hand on the date of term inationlexp!ration and all accounts receivable
attributable to the use of funds received under this Agreement shall revert to the
CCCIC. CHDO shall return these assets to the CCCIC within seven (7) days after the
date of termination or expiration.
G. Flood Insurance. Funds provided under this Agreement may not be used in
connection with the acquisition or rehabilitation of a development located in an area
identified by the U. S. Federal Emergency Management Agency (FEMA) as having
special flood hazards, unless the locality in which the site is located is participating in
the National Flood Insurance Program.
H. Displacement, Relocation, and Acquisition. CHDO must ensure that it has taken all
reasonable steps to minimize the displacement of persons (families, business and
nonprofit organizations) as a result of a Project assisted with funds provided under this
Agreement. CHDO must comply with the applicable provisions of 24 CFR 92.353.
SECTION 24. Notices.
A. All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States Postal
Service as certified or registered mail, return receipt requested, postage prepaid; (3) by
prepaid telegram; (4) by deposit with an overnight express delivery service, for which
service has been prepaid; or (5) by fax transmission.
B. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will be
deemed effective one (1) business day after transmission to the telegraph com -pany or
overnight express carrier. Notice by fax transmission will be deemed effec -tive upon
transmission, with proof of confirmed delivery.
C. All such communications must only be made to the following:
If to the City
City of Corpus Christi
Attn: Administrator, Community Dev. Div
P. O. Box 9277
If to the CHDO
HCS 310, LLC
Attn: Executive Director
8610 N. New Braunfels, Suite 500
HCS310 CHDO Samuel Place Apts FY09 Agm# Page 15 of 18
Corpus Christi, TX 78469 -9277
(361) 826 -3045 Office
(361) 844 -1740 Fax
With a copy to
City of Corpus Christi
Attn: Director, Neighborhood Services Dept.
P. O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -3044 Office
(361) 826 -3011 Fax
San Antonio, TX 78217 -6397
(210) 821 -4300 Office
(210) 821 -4303 Fax
(888) 732 -3394 Toll Free
D. Either party may change the address to which notice is sent by using a method set
out above. The CHDO shall notify the City of an address change within 10 working
days after the address is changed.
SECTION 25. INSURANCE
A. Liability Insurance. CHDO shall have in force throughout the term of this
Agreement comprehensive general liability insurance coverage with a personal /bodily
injury endorsement in the minimum amount of $500,000 per person /$1,000,000 per
occurrence and $100,000 for property damage arising out of each occurrence. The
comprehensive general liability shall include a contractual liability endorsement. The
insurance policy must name the CCCIC as an additional insured. A certificate to that
effect must be provided to the CCCIC at least ten (10) days prior to the commencement
of rehabilitation of the Project.
B. Fire and Extended Coverage. CHDO shall have in force throughout the term of this
Agreement fire and extended coverage insurance in an amount sufficient to cover the
replacement cost of the Project. The insurance policy shall name the CCCIC as loss
payees using a standard loss payee clause. A certificate to that effect must be provided
to the CCCIC at least ten (10) days prior to r to the commencement of rehabilitation of
the Project.
C. Notice to CCCIC. CHDO shall require its insurance policies to provide that the
General Manager of the CCCIC shall be given thirty (30) days advance written notice by
the insurer prior to cancellation, nonrenewal, or material change of the insurance
policies required by this Section 25. The insurer utilized by CHDO is subject to approval
of the CCCIC. Failure to maintain such insurance will be cause for the CCCIC to take
control of the Project funds and will cancel any claim that CHDO may have to the use of
the Project or the Project funds.
D. CHDO shall provide the CCCIC with certificates of insurance reflecting all the stated
coverages as a condition to the receipt of funding under this Agreement and shall, upon
HCS310 CHDO Samuel Place Apts FY09 Agmt Page 16 of 18
request of the CCCIC, promptly provide the CCCIC with copies of all such insurance
policies.
E. Right to Re- evaluate and Adjust Limits. The CCCIC, through its General Manager
or his designee, retains the right to re- evaluate the insurance requirements and adjust
the coverage limits, up or down, upon thirty (30) days written notice to CHDO.
Insurance coverage limits may not be adjusted more frequently than once per year.
SECTION 26. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this Agreement relating to
the subject matter of this Agreement that were made prior to the execution of this
Agreement have been reduced to writing and are contained in this Agreement.
B. The attachments enumerated and denominated below are hereby made a part of
this Agreement by reference, as if fully set out in this document, and constitute
promised performances by CHDO in accordance with Section 4 of this Agreement
1 - Exhibit "A" -- Budget and Construction Schedule
2. Exhibit "B" Other Federal Requirements
3. Exhibit "C" -- Certification Regarding Lobbying
4. Exhibit "D" -- Sample Affordability Covenant
SECTION 27. JURISDICTION AND VENUE
The laws of the State of Texas apply to any dispute arising under this
Agreement. For purposes of litigation pursuant to this Agreement, venue lies in Corpus
Christi, Nueces County, Texas, where this Agreement is entered into and must be
performed.
SECTION 28. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
CHDO shall comply with all federal, State and local laws, statutes, ordinances,
rules, regulations, orders, and decrees of any government, court, administrative body,
or tribunal related to the activities and performances of CHDO under this Agreement.
Upon request of the CCCIC, CHDO shall furnish satisfactory written proof of its
compliance with this section of the Agreement.
SECTION 29. REMEDIES
It is expressly understood and agreed by the parties hereto that any right or
remedy provided for in this Section 29 or'in any other provision of this Agreement does
not preclude the exercise of any other right or remedy under this Agreement or under
any provision of law nor does any action taken in the exercise of any right or remedy be
deemed a waiver of any other rights or remedies. Failure to exercise any right or
remedy hereunder shall not constitute a waiver of the right to exercise that or any other
right or remedy at any time.
HCS310 CHDO Samuel Plaoe Apts FY09 Agmt Page 17 of 18
Executed in duplicate originals this R) St"' day of � - , 2010.
ATTEST:
Armando Chapa, Sec tary
Corpus Christi Community
Improvement Corporation
J40/1"Je O.-I
`A el . Escobar, General Manager
ey CW NCIL
3ECARY b` VC-1
HCS 310, LLC, a limited liability company organized under the laws of the State of
Texas and doing business as Samuel Place Apartments, by and through its sole
member, TG 110, Inc., a Texas corporation
Signature
Printed Name
Title
r
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS
This instrument was acknowledged before me on D e.Germb4et 1 2010
by t� he/� �,� �� L , as G1GN_f_��k�11� �Ir P.c.� � (title)
of TG 110, Inc., a Texas corporation and sole member of HCS 310, LLC, a limited
liability company organized under the laws of t�e State of Texas and doing business as
Gm'
Samuel Place Apartments, on behalf of the ed liability company and corporation.
E �°. DAWN 7 ub RLAND Notary NOTARY PUBLIC, State of Texas
My C Expires y' MA2E)� 4
EXHIBIT
Preliminary Budeet & Construction Schedule
FY and Funding:
Project Name:
FY2009 / HOME
Roofing Renovation
Organization: TG 110 Inc. Sole Member of HCS 310 LLC — Samuel Place A artments
Total Project Cost: $ 250,000 HOME award: $ 200,000
Preliminary Budget
Project Financial Resources: (list may be adjusted to meet your project)
(Funds available to complete project) Amount
«' Private Funding Source .................................... ...............................
..... $50 000
FY 2009 HOME Funding .................................... ...............................
Other. (Specify) ................................. ............................... • $ 200,000
Total Funds Available for Project ............................ ............................... $ 250,000
Estimated Expenses: (list may be adjusted to meet your project)
(L ist estimated expenses to com lete your ro'ect such as: Amount
0 Land Acquisition ................... .......... $
Advertising, Printing, Etc ................................ ............................... $
A/E Professional Fees .......................................... ............................... $ 16,623
ConstructionCost ......................... ............................... .......................$198 77
Construction Related Contingencies .................... ............................... $ 20,000
Other: (Specify) Housing Consultant/Closing Costs Legal ....... $ 15,000
TotalProiect Cost ..... ............................... .... ............................... $25_
ands needed for the projecO
NOTE: The "total funds available for the rooect " shall beequal to the "total 1proiect cost."
Preliminary Construction Schedule
(Project Dates for completion of key project phases)
• Land Acquisition .......................................... ................ Projected Dates
............... NA
• Platting/Soil Testing (other) ......................... ............................... NA
• Procurement of Architect/Engineer(A/E) services .................. :... JANUARY 2010
e Design/Bid Documents (specification packet)completed.......... JANUARY 2010
• Advertisement dates: MUST BE for 1 for 2 ........ ............ ...
APRIL 2010
Bid opening/award construction contract ........................... MAY 2010
Pre- construction Meeting ................ ........................... 2010
• Construction Start .......................... ........................... 2010
Construction 100% completion ........................ ........................... JUNE 2011
EXHIBIT B
OTHER FEDERAL REQUIREMENTS
The CHDO shall comply with all federal, state, and local laws and regulations
applicable to the activities and performances rendered by the CHDO under this
Agreement including, but not limited to, the laws and the regulations specified in Section
I through VI of this Exhibit D.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601 -20) and implementing regulations at 24 CFR Part 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958 -1963 Cornp.,
p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued
at 24 CFR Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063."
The failure or refusal of Charlie's Place to comply with the requirements of Executive
Order 11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 CFR 107.60;
The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975(42 U.S.C. 6101 -07) and implementing regulations at 24 CFR Part 146, and
the prohibitions against discrimination against handicapped individuals under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24
CFR Part 8;
The requirements of Executive Order 11246 (3 CFR 1964 -65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter
60;,
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to
encourage the use of minority and women's business enterprises in connection with
HOME funded activities. Charlie's Place must prescribe procedures acceptable to the
CCCIC to establish activities to ensure the inclusion, to the maximum extent possible, of
minorities and women, and entities owned by minorities and women. Charlie's Place will
be required to identify contracts which have been bid by minority owned, women owned,
and by small disadvantaged businesses;
EXHIBIT B
Page 2 of 3
The Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination
Based on Handicap in Federally- Assisted Programs and Activities of the Department of Housing
and Urban Development ", at 24 CFR Part 8. By signing this Agreement, Charlie's Place
understands and agrees that the activities funded herein shall be operated in accordance with 24
CFR Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 et. seq.),
including the use of a telecommunications device for deaf persons (TDDs) or equally
effective communication system.
II. LEAD -BASED PAINT
Title IV of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
III. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR
Parts 1500 -1508;
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended;
particularly Section 106(16 U.S.C. Sec. 470f);
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971(36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3
(16 U.S.C. Sec. 469a -1), as amended by the Archeological and Historic Preservation Act
of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended,
particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a));
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951),
particularly Section 2(a);
e 1 0
EXHIBIT B
Page 3 of 3
f 9 i
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) as amended,
particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d));
The Safe Drinking Water Act of 1974 (42 U.S.C. Sec. 201. 300(f) et seq.) and (21 U.S.C.
Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h- 303(e));
The Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. Sec. 1271 et seq.) as amended,
particularly Sections 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Sections 176(c)
and (d) (42 U.S.C.-Sec. 7506(c) and (d)):
Farmlands Protection and Policy Act of 1981 (7 U.S.C. Sec. 4201 et seq.); and
24 CFR Part 51, Environmental Criteria and Standards.
IV. ACQUISITIONIRELOCATION
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 C
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned
principal and entity to any person for influencing or attempting to influence an officer or an employee
of any agency, a member of congress, an officer or employee of congress, or an employee of a
member of congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
with this a Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Signature
Print Name of Authorized Individual
12121 LZQ10
Date
H C5 310 L LCG
Organization Name
EXHIBIT D
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 Cis Chri;
Improvement Corporation ( "CCCIC ") and ,HCS 310, LLC, a R: ed liabil
doing business as Samuel Place Apartments, acting by and tF h#
TG 110, Inc., a Texas corporation, as a Community Housing Dev
( "CHDO "), executed by CHDO on the date shown below, which agr�:
incorporated in this instrument by reference ( "Agree'' t "), CHDO acc
funds, in conjunction with the United States De rtm bf Housing and
Development's Home Investment Partnersh . g j , m (`MME Progr
by the CCCIC, for rehabilitation of the fold ib pro Y r„
munity
pany,
ember,
M O
ent u.
)an
administered
See Exhibit 1 attached-and i A oraW by reference into
this document, containito.the I W" b"scription and metes
and bounds of Block C,;,tartvllton ex -3, located in
Corpus Christi, '
Nueces Cou „Tex hereinafter referred
;:.
to as the "Pr ater „ �. j
Pursuant to the terms, dit� 666 covenants contained within the
Agreement, as ow [ of the Proj1 and�r�t ansideration of receiving HOME Program
funds, CHDO agr} .; td b n i the P rty with the affordability requirements specified in
Title 24, Part 92.25 of the Q d S a es Code of Federal Regulations, for a period of
not less than five (5)' ars, f oft ` to of completion of the rehabilitation of the
c.: pletion presently unknown but anticipated to be on or about
rty o
Prope - :date f ` >;'
Marc 1, 20 1. a”
�; :.
; a m&;;cortstitutes a covenant running with the land and binds all
'`' d transferees of the Property, p y g }
success0 assigns, t such Propert being subject to
this instrument. :>>> < #>
(EXECUTION PAGE FOLLOWS)
HCS 310, LLC, a limited liability company organized under the laws of the State of
Texas and doing business as Samuel Place Apartments, by and through its sole
member, TG 110, Inc., a Texas corporation
Signature
Printed Name
Till
Da
ST.
CC
by
Of
liar
Sai
AF
AT
0,
8)
as
PL
EXHIBIT Zoo
f
. II
A 4.162 -aoe tract of land and Uft Block C, CaniMon Annex 3, bang a replat of E
Bkck'A & B as ra coded in Volume 45, Page 158 of the Map Reeds of Nueces Com .
Tom, and baag =n particuMy d=ffiad to wit .
Beginning at as aoa pin. being ft Southeast corner of the tanct nd belug looted an the North
night - d-way liar of Carron L aar4
T NCE; N 61 0 40' - W, a total das uct of63OA fxt along tba South propnty Sin of
Block C to a km amw being the 5oi;thmt comer of ft t
T 10E; N 2r-20 A a tofial diatancc of 330:00 fad doug the West property Brae of Block
C to ankonpipe being ft Nit oomr offt trams
TJd WM S 61 0 40' -W % MOW distance of 440.00 feet alcaag tb� North pwpcdy Hne of Block
C to a fc we cower bang an iatea or career; � E
7ymm; S 2r-2(r -w W, a tiotal dim of 14Q.00 Sect to a comer bang an Wmiar
COMM
TTI�NCE: S 61 F, a total Man= of 190.00 fipKi o an im pia bang to Nmibicw
comer of this tract and being an dw North zW"f - -vmy liar o f Caarou'Law
TfMN S 2S°- 20'40" W, a total distaaoe of 190.00 Scat Alwg *e North right -of=m line of
C=OH Leave to the point of begging. .