Deeds - 7/31/2014 - Neighborhood Stabilization Reservation Program, 119 Avenue D - 7/31/2014 Contract • p • Form
Contract Name: fiT9 Avenue D NSP-P! Contract Date 07f 30 2/30 Q14
Council Action Taken (if any):
Council approved entering into the NSP-PI Reservation system contract on 11/19/2013 with
Resolution 2014-05 granting the City Manager authorization in dealing with this grant program.
Jc
i
Director anem
Name; Sherry McKibben 7j Date; 07/30/2014
Name: Date:
Name: Date:
Name: Date:
Required Ap. rovals•
Steve Ritter Date:
Finance Director
Leonard Schneider Date:
City Attorney y
Matt Benoit Date:
City ManagerV 1 3 1/7.
Lee Woodward IF Date: 2.
City Secretary
Return Approved Contract to: ISherry McKibben
All contracts must have an Approval/Signature cover sheet attached with appropriate signatures
prior to being submitted to the City Manager for his approval/signature.
Rev.Apr.,2014
City of
Contract c�+d
Approval •
Contract Name: 1119 Avenue D NSP-PI Contract Date07/30/2014
Council Action Taken (if any):
Council approved entering into the NSP-PI Reservation system contract on 11/19/2013 with
Resolution 2014-05 granting the City Manager authorization in dealing with this grant program.
Director and/or Division Heads:
Name: jSherry McKibben Date: 107/30/2014
Name: Date:
Name: Date:
Name: Date:
Required Approvals:
Steve Ritter Date:
Finance Director j' ,� 7 3J �y
Leonard Schneider Date:
City Attorney
Matt Benoit Date:
City Manager
Lee Woodward Date:
City Secretary
Return Approved Contract to: ISherry McKibben
All contracts must have an Approval/Signature cover sheet attached with appropriate signatures
prior to being submitted to the City Manager for his approval/signature.
Rev.Apr.,2014
r C?t
TEXAS DE,EPARTMENT OF MOUSING AND CONIMUNITY AFFAIRS
BOARD MRI.1813HS
3,Paul Ox'",C.fuir
Rick Perry 3ua11 S.Munoz,1'111), VZY(Alf'r
CiO�'fift\Ok
1_celie liinghstn-lacari•tio
Tom I I-Gxan
1.\favi;\1cAlattor.
Aabert 1).Thomas
July 24, 2014
Ilri•iter's dlrecl phone li S 12-47.5-3726
Email:r ern i.hollosvcwaiiitcflrcct.sfcrle.ts•tes
Matthew Benoit
City Manager
City of Huntsville
1212 Avenue M
Huntsville, '1'X 77340
RE: TEXAS NF,IGI-tBOR HOOD STA B1LI`LATION PROGRAM
NSPI-P1 RESERVATION SYSTE4t PARTICIPAI'!ON AGRFFkiFN'rNo.77099993126
PROJECT'COMMITMENT CONTRACT— 1 19 AVENUE D,HUNTSVILLE
I f
Dear Mr. Benoit:
"Thank you for your continued participation in the Texas Neighborhood Stabilization Program
(NSP). Enclosed is a new Project Commitment Contract for 119 Avenue D, under your NSPI — PI
Reservation System Participation Agreement No. 77099993126.
Your available amount to draw udder this contract is $722.17, in Activity Delivery funds, and
will be effective until August 31, 2014. Per Section 4.2 13. and Q "Disbursement of NSP bunds in
your P1 Reservation Agreement you may not request disbursement in an amount less than $1,000.00,
unless the request constitutes all available funds for the activity or contract. Subgrantee is limited to no
more than two disbursement requests."
Please execute, scan and return this Project Commitment Contract via email to Sue Nance at
sue.nalice@tdlica.state.tX.tls. We fools forward to working with you and the City of Huntsville staff to
successfully complete the NSPI projects. Please feel free to contact me or your assigned NSP Program
Specialist if you should have any questions or require further information.
Sincerely,
ff _
Marni IHolloway
Texas NSP Director i
In ll
221 Fust 11th Street 11.0. Rox 13941 Austin,Texas 78711-3911 (800) 525-0657 (512)475-3800
TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSPI-PI")
RESERVATION SYSTEM PAWFICIPATION AGREEMENT
477099993126
WITH
City of Huntsville, a political subdivision of the State of Texas
PROJECT-COMMITMENT CONTRACT FOR 119 Avenue D, Huntsville,Texas
PROJECT CO]VMI'I'ME-NT" CONTRACT" ("Contract") in connection with the
Neighborhood Stabilization Program ("i''SP") Reservation System Participation Agreement No.
77099993126 ("RSP A reetnent") and the previous NSPI Contract Number 77099999126 is
inade and entered into by and between City of Huntsville, a political subdivision of the State of
Texas ("Subgrantee") and TEXAS DEPARTMENT OF DOUSING AND COMMUNITY
AFFAIRS, a public and official agency of the State of Texas ("Department"), herein
collectively referred to as "Parties,"
RECITALS
WHEREAS, Subgrantee wislies to make a Commitment of NSP Funds to the Qualified
Project, as defined in Article 1, in accordance with and subject to all provisions of the RSP
Agreement and Program Requirements;
WH1`1'REAS, Subgrantee agrees and acknowledges that this Contract serves as a
supplement to the RSP Agreement and, by execution hereof, shall be subject to all terms and
conditions of RSP Agreement unless otherwise specified herein;
WHEREAS, the term Program Requit-cments as used herein shall have the meaning
proscribed to it in the RSP Agreement as may be amended from time to time; and
WHEREAS, Subgrantee agrees and acknowledges that this Contract serves as a
supplement to the RSP Agreement and, by execution hereof, shall be subject to all terms and
conditions of the RSP Agreement for the duration of this Contact, as may be amended from time
to time, unless otherwise specified herein.
NOW, THEREFORE:, in consideration of the nntitual covenants and conditions set forth
herein, including the Recitals, which are contractual in nature, and. other good and valuable
consideration, the rcccipt and sufficiency of which are hereby acknowledged, the Parties, each
intending to be legally bound, hereby agree as follows:
ARTICLE I
OUA f.,I.FIED PROJECT
Subgrantee shall complete the administration of the Redevelopment Program in
accordance with the terms and conditions of the NSP I Contract No 77099999126, the Notice,
NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for
the development of the property located at 119 Ave D in Huntsville, Texas (" ualified
Pr�oiect„).
Subgrantee has reviewed the proposed Qualified Project and verities that it meets the
Program Requirements and the requirements of the RSP Agreement.
ARTICLE II
COMMITMENT OF NSP FUNDS
Section 2.1 Term
A. This Contract sliall be effective upon the latter date of execution by the Parties and shall
remain in frill force and effect until August 31, 2014 ("Tee its"), unIess earlier terminated
or amended in accordance with the provisions herein or provisions of the RSP
Agreement,
B. Without limitation, this Contract shall be subject to the terns and conditions of the RSP
Agreement, as may be amended troin time to time, and Program Requirements for the
entire Term regardless of terns of the RSP Agreement.
Section 2.2 NSP Funds
A. The Department shall make a Commitment of NSP Funds to Subgrantee in an amount not
to exceed SEVEN HUNDRED TWENTY-TWO AND 17/100 DOLLARS ($722.17) in
Activity Delivery funds to complete the redevelopment of the Qualified Project which
has been purchased by Subgrantee and redeveloped in accordance with the Program
Requirements.
B. Subgrantee shall be allowed to incur costs prior to the effective date of this Contract as
specificed in Section 2.1. Such costs may only be incurred for activities directly related
to the redevelopment of the Qualified Project, provided that they meet the requirements
of 24 CFR Part 570, Subpart I and 24 CFR Part 58 and the Prograrn Requirements .
C. Notwithstanding any other provision of this Contract to the contrary, the total of all
payments and other obligations incurred by Department tinder this Contract shall not
exceed the amounts set forth in Subsection A of this Section 2.2.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Loan Documents
Subgrantee understands and hereby acknowledges that this Contract and the RSP
Agreement do not address all of the terms and condition of the loan and that additional
terms and conditions will be regtdred by the Loan Documents (as defined in the RSP
Agreement) to be executed at closing. All information, documents and reports required
must be satisfactory to Department in its sole discretion.
Section 3.2 Changes and Amendments
A. Except as specifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms of this Contract shall be in writing and executed by both Parties to
this Contract and shall comply with the extension and amendment requirements of
Section 20.14 of the Single Family Programs Umbrella Rule (10 TAC Chapter 20) and
Texas Single Family Neighborhood Stabilization Program Rule (10 TAC Chapter 29), as
applicable.
B. Any changes, additions, or deletions to the terms of this Contract which are required by
changes in federal or state law, or regulations, are automatically incorporated into this
Contract without the requirement of a written amendment hereto, and shall become
effective oil the date designated by such law or regulation.
Section 3.3 Facsimile Sipnatures
A facsimile or electronic copy executed by both Parties will be sufficient to evidence the
Parties agreement to any amendment, revision or change to this Contract. If any of the
Parties returns this copy by facsimile machine or electronically, the signing party intends
the copy of its authorized signature printed by the receiving machine, or the electronic
copy, to be its original signature.
Section 3.4 Cgpitalized Terms
Any capitalized term appearing in the Contract that has not been defined herein, shall
have the meaning prescribed to it in the RSP Agreement.
Section 3.5 Contract Expiration
This Contract and all Department's obligation hereunder shall expire if all conditions to
the closing and initial funding of the homebuyer transaction, are not satisfied by the
within 60 days after the effective slate of this Contract, unless the Department, in.its sole
discretion, chooses to extend the date in writing
i
IN WITNESS WHEREOI", each of the Parties has executed this Contract as of the dates
written below.
DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS, a public and official agency
of the State of Texas
I3y: a]�
Brooke Boston,
Its drily authorized officer or representative
Date: Q-114 _
SUBGRANTEE: City of Huntsville, a political subdivision of the State of
Texas
By: _ —
A attli v Ben it, Ci Manager
Date:
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