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Home My WebLink AboutPR 19873: AMENDMENT NO 4 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM INCOME ("NSP1-P1"0 RESERVATION SYSTEM PARTICIPATION AGREEMENT -J City of :._:: 4 ort rthu�r`�- Tetas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 15, 2017 To: The Honorable Mayor and City Council Through: Brian McDougal, City Manager From: Beverly A. Freeman, Director of Housing&Neighborhood Revitalization RE: Proposed Resolution 19873 —Amendment No. 4 to the Neighborhood Stabilization Program 1 Program Income("NSP 1-PI") Reservation System Participation Agreement Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute Amendment No. 4 to the Neighborhood Stabilization Program 1 Program Income("NSP1-PI") Reservation System Participation Agreement between the City of Port Arthur and Texas Department of Housing and Community Affairs (TDHCA), Contract Number 77090003154 to provide for reimbursements of eligible expenses incurred after August 17, 2013 and close on remaining Land Bank properties under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154. Background: The Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 is being amended to provide for the continuation of reimbursement of eligible expenses incurred after the August 17, 2013 and to close on remaining Land Bank properties under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154. Budget Impact: The Texas Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") funds account numbers 129-1435-554.59-00 projects NSP001, NSP004, NSP005, NSP006 and NSP007 will be amended. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas'77641-1089 X 409.983.8101 X FAX 409.982.6743 City of ort rthu�r1"^ Texas www.PortArthurTx.gov Recommendation: It is recommended that City Council approve the City Manager to execute Amendment No. 4 to the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Participation Agreement between the City of Port Arthur and Texas Department of Housing and Community Affairs(TDHCA), Contract Number 77090003154, as discussed and/or outline above. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. 19873 08/8/17 BAF HOUSING RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM INCOME, ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO. 77090003154 TO PROVIDE FOR THE CONTINUATION OF REIMBURSEMENTS OF ELIGIBLE EXPENSES AND CLOSE ON REMAINING LAND BANK PROPERTIES UNDER THE EXISTING NEIGHBORHOOD STABILIZATION PROGRAM 1 CONTRACT NUMBER 77090000154. WHEREAS, pursuant to Resolution 13-542, the City of Port Arthur entered into a contract with Texas Department of Housing and Community Affairs, (TDHCA) to implement the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Program Income Reservation System Participation Agreement that provided for the continuation of reimbursements of eligible expenses and close on remaining Land Bank Properties under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154; and WHEREAS, pursuant to Resolution 15-120, the Neighborhood Stabilization Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment No. 1 supported the continuation of the activities started with Neighborhood Stabilization Program 1 contract Number 77090000154; and WHEREAS, pursuant to Resolution 16-181, the Neighborhood Stabilization Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment No. 2 supported the continuation of the activities started with Neighborhood Stabilization Program 1 contract Number 77090000154; and WHEREAS, pursuant to Resolution 16-244, the Neighborhood Stabilization Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment No. 3 supported the continuation of the activities started with Neighborhood Stabilization Program 1 contract Number 77090000154; and WHEREAS, the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 is being amended to provide for the continuation of reimbursement of eligible expenses incurred after the August 17, 2013 and to close on remaining Land Bank properties under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154; and, WHEREAS, the amended Program Income Reservation System Participation Agreement Number 77090003154 is attached hereto in substantially the same form as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That pursuant to Resolution 13-542, the City of Port Arthur entered into a contract with Texas Department of Housing and Community Affairs, (TDHCA) to implement the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Participation Agreement. Section 3. That pursuant to Resolution 15-120, the Neighborhood Stabilization Program 1 Program Income Reservation System Participation Agreement Number 77090003154 Amendment No. 1 supported the continuation of the activities started with Neighborhood Stabilization Program 1 contract Number 77090000154. Section 4. That pursuant to Resolution 16-181, the Neighborhood Stabilization Program 1 Program Income Reservation System Participation Agreement Number 77090003154 Amendment No. 2 supported the continuation of the activities started with Neighborhood Stabilization Program 1 contract Number 77090000154. Section 5. That pursuant to Resolution 16-244, the Neighborhood Stabilization Program 1 Program Income Reservation System Participation Agreement Number 77090003154 Amendment No. 3 Stabilization Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment No. 3 supported the continuation of the activities started with Neighborhood Stabilization Program 1 contract Number 77090000154. Section 6. That the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment No. 4 will provide for the continuation of reimbursement of eligible expenses incurred after August 17, 2013 and to close on remaining Land Bank properties under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154. Section 7. That City Council authorizes the City Manager to execute Amendment No. 4 to the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Agreement Contract Number 77090003154 as attached hereto as Exhibit "A" in substantially the same form. Section 8. That a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of August A.D., 2017 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VALEC ATIZENO, ITY ATTORNEY APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL, CITY MANAGER BEVERLY A. FREE AN, DIR CTOR OF HOUSING & 'IGHBORHOOD REVITALIZATION EXH I BIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 AMENDMENT NO. 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT AGREEMENT#77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AMENDMENT NO.4 This AMENDMENT NO. 4 ("Fourth Amendment") by and between TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department") and CITY OF PORT ARTHUR, a political subdivision of the State of Texas ("Subgrantee"), hereinafter collectively referred to as"Parties",is executed by the Parties to be effective August 31,2017. RECITALS The Parties do hereby agree to amend the NSP,-PI Reservation System Participation Agreement No. 77090003154 ("RSP Agreement"), executed by the Parties to be effective on November 14, 2013, as amended by Amendment No. 1 ("First Amendment")executed by Parties on or about August 31, 2014,Amendment No. 2 ("Second Amendment") executed by Parties on or about August 31, 2015, and Amendment No. 3 ("Third Amendment")executed by parties on or about September 19,2016. AGREEMENTS Under the authority described in Article 5 of the RSP Agreement, and Title 10, Chapter 20 of the Texas Administrative Code, and for valuable consideration, the receipt and sufficiency which are hereby acknowledged,the Parties hereby agree as follows: 1. Section 2.1, Term, of Article 2, RESERVATION SYSTEM PARTICIPATION, of the RSP Agreement is hereby amended to read as follows: "This RSP Agreement shall be effective as of August 31, 2017, and shall terminate on August 31, 2018 (the "Term"), unless earlier terminated or amended in accordance with the provisions herein." 2. Except as amended hereby, the terms of the RSP Agreement as amended by this Fourth Amendment, shall remain in effect as therein set forth and will continue to govern except to the extent that said terms conflict with the terms of this Fourth Amendment, and the Subgrantee hereby acknowledges and reaffirms its liability there under. In the event of an inconsistency between this Fourth Amendment and the terms of the RSP Agreement,this Fourth Amendment shall govern. 3. This Fourth Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all Parties hereto, notwithstanding that all the Parties shall not have signed the same counterpart. 4. If either of the Parties returns this copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or electronic transmission to be its original signature. Page 1 of 2 5. By signing this Fourth Amendment, the Parties hereto expressly understand and agree that this Fourth Amendment shall become a part of the RSP Agreement as though it were set forth word for word therein. WITNESS OUR HANDS TO BE EFFECTIVE ON AUGUST 31,2017: SUBGRANTEE: CITY OF PORT ARTHUR,a political subdivision of the State of Texas By: Name: Brian McDougal Title: City Manager Date: THIS FOURTH AMENDMENT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. APPROVED AND ACCEPTED ON BEHALF OF: DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,a public and official agency of the State of Texas By: Name: Its duly authorized officer or representative Date: Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT AGREEMENT#77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AMENDMENT NO.4 This AMENDMENT NO. 4 ("Fourth Amendment") by and between TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department") and CITY OF PORT ARTHUR, a political subdivision of the State of Texas ("Subgrantee"), hereinafter collectively referred to as"Parties", is executed by the Parties to be effective August 31,2017. RECITALS The Parties do hereby agree to amend the NSP1-PI Reservation System Participation Agreement No. 77090003154 ("RSP Agreement"), executed by the Parties to be effective on November 14, 2013, as amended by Amendment No. 1 ("First Amendment")executed by Parties on or about August 31,2014,Amendment No. 2 ("Second Amendment") executed by Parties on or about August 31, 2015, and Amendment No. 3 ("Third Amendment")executed by parties on or about September 19,2016. AGREEMENTS Under the authority described in Article 5 of the RSP Agreement, and Title 10, Chapter 20 of the Texas Administrative Code, and for valuable consideration, the receipt and sufficiency which are hereby acknowledged,the Parties hereby agree as follows: 1. Section 2.1, Term, of Article 2, RESERVATION SYSTEM PARTICIPATION,of the RSP Agreement is hereby amended to read as follows: "This RSP Agreement shall be effective as of August 31, 2017, and shall terminate on August 31, 2018 (the "Term"), unless earlier terminated or amended in accordance with the provisions herein." 2. Except as amended hereby, the terms of the RSP Agreement as amended by this Fourth Amendment, shall remain in effect as therein set forth and will continue to govern except to the extent that said terms conflict with the terms of this Fourth Amendment, and the Subgrantee hereby acknowledges and reaffirms its liability there under. In the event of an inconsistency between this Fourth Amendment and the terms of the RSP Agreement,this Fourth Amendment shall govern. 3. This Fourth Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all Parties hereto, notwithstanding that all the Parties shall not have signed the same counterpart. 4. If either of the Parties returns this copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or electronic transmission to be its original signature. Page 1 of 2 5. By signing this Fourth Amendment, the Parties hereto expressly understand and agree that this Fourth Amendment shall become a part of the RSP Agreement as though it were set forth word for word therein. WITNESS OUR HANDS TO BE EFFECTIVE ON AUGUST 31,2017: SUBGRANTEE: CITY OF PORT ARTHUR,a political subdivision of the State of Texas By: Name: Brian McDougal Title: City Manager Date: THIS FOURTH AMENDMENT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. APPROVED AND ACCEPTED ON BEHALF OF: DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,a public and official agency of the State of Texas By: Name: Its duly authorized officer or representative Date: Page 2 of 2