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HomeMy WebLinkAboutPR 20151: PROJECT COMMITMENT CONTRACTS , =-ter oill 1'1/l ll!' 1, ,. www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 5, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City ManagerL164.-- From: Beverly A. Freeman, Director of Housing &Neighborhood Revitalization RE: Proposed Resolution 20151 —Project Commitment Contracts for Budgeting and Reimbursements of eligible activities in 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 to authorize the City Manager to execute Project Commitment Contracts between the City of Port Arthur, Texas and Texas Department of Housing and Community Affairs (TDHCA), for budgeting and reimbursements of eligible expenses in the Neighborhood Stabilization Program 1 Program Income ("NSP 1-PI") Reservation System Participation Agreement Contract Number 77090003154 that were incurred after August 17, 2013 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 provides for the continuation of reimbursement of eligible expenses incurred after the August 17, 2013 under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154. The Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Project Commitment Contract will budget and reimburse eligible project expenses incurred after the August 17,2013 under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154 for: 1742 9`h Street - $11,324.79; 1947 9th Street - $12,889.88; 1601 9th Street - $11,540.16; 2024 9`h Street - $6,552.06; 1831 9`h Street - $5,154.96;2339 5th Street- $3,261.65. "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 n rt rth u r www.PortArthurTx.gov Bud!et Impact: The Texas Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") funds account numbers 129-1435-554.59-00 project NSP007 will be impacted. • Recommendation: It is recommended that City Council authorize the City Manager to execute Project Commitment Contracts between the City of Port Arthur, Texas and Texas Department of Housing and Community Affairs (TDHCA), for budgeting and reimbursements of eligible expenses in the Neighborhood Stabilization Program 1 Program Income("NSP1-PI")Reservation System Participation Agreement Contract Number 77090003154 that were incurred after August 17, 2013 under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154, 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. 20151 03/5/18 BAF HOUSING RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COMMITMENT CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR REIMBURSEMENT OF ELIGIBLE EXPENSES IN THE NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM INCOME, ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO. 77090003154 FOR 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, pursuant to Resolution 17-225, the Neighborhood Stabilization Program Income ("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment No. 4 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 Project Commitment Contract will budget and reimburse eligible project expenses incurred after the August 17, 2013 under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154 for: 1742 9th Street - $11,324.79; 1947 9th Street - $12,889.88; 1601 9th Street - $11,540.16; 2024 9th Street - $6,552.06; 1831 9th Street — $5,154.96; 2339 5th Street — $3,261.65; and, WHEREAS, the Project Commitment Contracts for eligible expenses incurred under the Program Income Reservation System Participation Agreement Number 77090003154 is attached hereto in substantially the same form as Exhibit "A", "B", "C", "D", "E", and "F". 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 City Council authorizes the City Manager to execute The Project Commitment Contract between the City of Port Arthur, Texas and the Texas Department of Housing and Community Affairs for reimbursement of eligible expenses incurred in the Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System Agreement Contract Number 77090003154 as attached hereto as Exhibit "A", "B", "C", "D", "E", and "F" in substantially the same form. Section 3 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 March A.D., 2018 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 A TO FORM: \ a ,V)— ----D V c ECIA TIZENO, C ATTORNEY APPROVED FOR ADMINISTRATION: HARVEY ROBINSON, INTERIM CITY MA AG R • i 1 / 0-- BEVERLY A.r'EEMAN, DIRECTOR OF HOUSIN • & NEIGHBORHOOD REVITALIZATION EXHIBIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 PROJECT COMMITMENT CONTRACTS TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT # 77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS PROJECT COMMITMENT CONTRACT FOR 1742 9th Street,Port Arthur, Texas PROJECT COMMITMENT CONTRACT ("Contract") in connection with the Neighborhood Stabilization Program ("NSP") Reservation System Participation Agreement No. 77090003154 ("RSP AEreement") and the previous NSP 1 Contract Number 77090000154 is made and entered into by and between City of Port Arthur, a political subdivision of the State of Texas ("Subgrantee") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), herein collectively referred to as "Parties." RECITALS WHEREAS, Subgrantee wishes to make a Commitment of NSP Funds to the Qualified Project, as defined in Article I, in accordance with and subject to all provisions of the RSP Agreement and Program Requirements; 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 RSP Agreement unless otherwise specified herein; WHEREAS, the term Program Requirements 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 mutual covenants and conditions set forth herein, including the Recitals, which are contractual in nature, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, each _ intending to be legally bound, hereby agree as follows: ARTICLE I QUALIFIED PROJECT Subgrantee shall complete the administration of the Redevelopment Program in accordance with the terms and conditions of the NSP1 Contract No. 77090000154, the Notice, Page 1 of 4 NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for the development of the property located at 1742 9th Street, in Port Arthur, Texas ("Qualified Proiect"). Subgrantee has reviewed the proposed Qualified Project and verifies that it meets the Program Requirements and the requirements of the RSP Agreement. ARTICLE H COMMITMENT OF NSP FUNDS Section 2.1 Term A. This Contract shall be effective upon the latter date of execution by the Parties and shall remain in full force and effect until December 31, 2018 ("Term"), unless 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 terms and conditions of the RSP Agreement, as may be amended from time to time, and Program Requirements for the entire Term regardless of term of the RSP Agreement. Section 2.2 NSP Funds A. The Department shall make a Commitment of Funds to RSP in an amount not to exceed ELEVEN THOUSAND THREE HUNDRED TWENTY-FOUR AND 79/100 ($11,324.79) in Activity Delivery, hard project and soft project costs for the Reconstruction of the housing unit located at 1742 9th Street, in Port Arthur, Texas, which will be purchased by a Qualified Household and occupied as their primary residence 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 Program Requirements. C. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the amounts set forth in Subsection A of this Section 2.2. ARTICLE HI 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 conditions of the loan and that additional Page 2 of 4 terms and conditions will be required 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 on the date designated by such law or regulation. Section 3.3 Facsimile Signatures 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 Capitalized 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 obligations hereunder shall expire if all conditions for the closing and initial funding of the homebuyer transaction are not satisfied within 60 days after the effective date of this Contract,unless the Department, in its sole discretion, chooses to extend the date in writing Page 3 of 4 IN WITNESS WHEREOF,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 By: Its duly authorized officer or representative Date: SUBGRANTEE: CITY OF PORT ARTHUR, a political subdivision of the State of Texas By: Mr. Harvey Robinson, Interim City Manager Date: Page 4 of 4 EXHIBIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 PROJECT COMMITMENT CONTRACTS TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT # 77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS PROJECT COMMITMENT CONTRACT FOR 1947 9th Street,Port Arthur, Texas PROJECT COMMITMENT CONTRACT ("Contract") in connection with the Neighborhood Stabilization Program ("NSP") Reservation System Participation Agreement No. 77090003154 ("RSP Agreement") and the previous NSP1 Contract Number 77090000154 is made and entered into by and between City of Port Arthur, a political subdivision of the State of Texas ("Subgrantee") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), herein collectively referred to as"Parties." RECITALS WHEREAS, Subgrantee wishes to make a Commitment of NSP Funds to the Qualified Project, as defined in Article I, in accordance with and subject to all provisions of the RSP Agreement and Program Requirements; 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 RSP Agreement unless otherwise specified herein; WHEREAS, the term Program Requirements 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 mutual covenants and conditions set forth herein, including the Recitals, which are contractual in nature, and othergood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, each intending to be legally bound, hereby agree as follows: ARTICLE I QUALIFIED PROJECT Subgrantee shall complete the administration of the Redevelopment Program in accordance with the terms and conditions of the NSP 1 Contract No. 77090000154, the Notice, Page 1 of 4 NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for the development of the property located at 1947 9th Street, in Port Arthur, Texas ("Oualified Project"). Subgrantee has reviewed the proposed Qualified Project and verifies 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 shall be effective upon the latter date of execution by the Parties and shall remain in full force and effect until December 31, 2018 ("Term"), unless 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 terms and conditions of the RSP Agreement, as may be amended from time to time, and Program Requirements for the entire Term regardless of term of the RSP Agreement. Section 2.2 NSP Funds A. The Department shall make a Commitment of Funds to RSP in an amount not to exceed TWELVE THOUSAND EIGHT HUNDRED EIGHTY-NINE AND 88/100 ($12,889.88) in Activity Delivery, hard project and soft project costs for the Reconstruction of the housing unit located at 1947 9th Street, in Port Arthur, Texas, which will be purchased by a Qualified Household and occupied as their primary residence 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 Program Requirements. C. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not .. exceed the amounts set forth in Subsection A of this Section 2.2. ARTICLE HI 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 conditions of the loan and that additional Page 2 of 4 terms and conditions will be required 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 on the date designated by such law or regulation. Section 3.3 Facsimile Signatures 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 Capitalized 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 obligations hereunder shall expire if all conditions for the closing and initial funding of the homebuyer transaction are not satisfied within 60 days after the effective date of this Contract, unless the Department, in its sole discretion, chooses to extend the date in writing Page 3 of 4 IN WITNESS WHEREOF, 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 By: Its duly authorized officer or representative Date: SUBGRANTEE: CITY OF PORT ARTHUR, a political subdivision of the State of Texas By: Mr. Harvey Robinson, Interim City Manager Date: Page 4 of 4. EXHIBIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME C"NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 PROJECT COMMITMENT CONTRACTS TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT #77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS PROJECT COMMITMENT CONTRACT FOR 1601 9th Street,Port Arthur,Texas PROJECT COMMITMENT CONTRACT ("Contract") in connection with the Neighborhood Stabilization Program ("NSP") Reservation System Participation Agreement No. 77090003154 ("RSP Agreement") and the previous NSP 1 Contract Number 77090000154 is made and entered into by and between City of Port Arthur, a political subdivision of the State of Texas ("Subgrantee") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), herein collectively referred to as"Parties." RECITALS WHEREAS, Subgrantee wishes to make a Commitment of NSP Funds to the Qualified Project, as defined in Article I, in accordance with and subject to all provisions of the RSP Agreement and Program Requirements; 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 RSP Agreement unless otherwise specified herein; WHEREAS, the term Program Requirements 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 mutual covenants and conditions set forth herein, including the Recitals, which are contractual in nature, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, each intending to be legally bound, hereby agree as follows: ARTICLE I QUALIFIED PROJECT Subgrantee shall complete the administration of the Redevelopment Program in accordance with the terms and conditions of the NSP1 Contract No. 77090000154, the Notice, Page 1 of 4 NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for the development of the property located at 1601 9th Street, in Port Arthur, Texas ("Oualified Project"). Subgrantee has reviewed the proposed Qualified Project and verifies 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 shall be effective upon the latter date of execution by the Parties and shall remain in full force and effect until December 31, 2018 ("Term"), unless 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 terms and conditions of the RSP Agreement, as may be amended from time to time, and Program Requirements for the entire Term regardless of term of the RSP Agreement. Section 2.2 NSP Funds A. The Department shall make a Commitment of Funds to RSP in an amount not to exceed ELEVEN THOUSAND FIVE HUNDRED FORTY AND 16/100 ($11,540.16) in Activity Delivery, hard project and soft project costs for the Reconstruction of the housing unit located at 1601 9th Street, in Port Arthur,Texas, which will be purchased by a Qualified Household and occupied as their primary residence 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 Program Requirements. C. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not • exceed the amounts set forth in Subsection A of this Section 2.2. . . ARTICLE HI 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 conditions of the loan and that additional Page 2 of 4 terms and conditions will be required 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 on the date designated by such law or regulation. Section 3.3 Facsimile Signatures 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 Capitalized 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 obligations hereunder shall expire if all conditions for the closing and initial funding of the homebuyer transaction are not satisfied within 60 days after the effective date of this Contract,unless the Department, in its sole discretion, chooses to extend the date in writing • Page 3 of 4 IN WITNESS WHEREOF, 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 By: Its duly authorized officer or representative Date: SUBGRANTEE: CITY OF PORT ARTHUR, a political subdivision of the State of Texas By: Mr. Harvey Robinson, Interim City Manager Date: Page 4 of 4 EXHIBIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 PROJECT COMMITMENT CONTRACTS TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PP") RESERVATION SYSTEM PARTICIPATION AGREEMENT #77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS PROJECT COMMITMENT CONTRACT FOR 2024 9th Street,Port Arthur,Texas PROJECT COMMITMENT CONTRACT ("Contract") in connection with the Neighborhood Stabilization Program ("NSP") Reservation System Participation Agreement No. 77090003154 ("RSP Agreement") and the previous NSP1 Contract Number 77090000154 is made and entered into by and between City of Port Arthur, a political subdivision of the State of Texas ("Subgrantee") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), herein collectively referred to as"Parties." RECITALS WHEREAS, Subgrantee wishes to make a Commitment of NSP Funds to the Qualified Project, as defined in Article I, in accordance with and subject to all provisions of the RSP Agreement and Program Requirements; 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 RSP Agreement unless otherwise specified herein; WHEREAS, the term Program Requirements 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 mutual covenants and conditions set forth herein, including the Recitals, which are contractual in nature, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, each intending to be legally bound, hereby agree as follows: ARTICLE I QUALIFIED PROJECT Subgrantee shall complete the administration of the Redevelopment Program in accordance with the terms and conditions of the NSP1 Contract No. 77090000154, the Notice, Page 1 of 4 NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for the development of the property located at 2024 9th Street, in Port Arthur, Texas ("Qualified Project"). Subgrantee has reviewed the proposed Qualified Project and verifies 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 shall be effective upon the latter date of execution by the Parties and shall remain in full force and effect until December 31, 2018 ("Term"), unless 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 terms and conditions of the RSP Agreement, as may be amended from time to time, and Program Requirements for the entire Term regardless of term of the RSP Agreement. Section 2.2 NSP Funds A. The Department shall make a Commitment of Funds to RSP in an amount not to exceed SIX THOUSAND FIVE HUNDRED FIFTY-TWO AND 06/100 ($6,552.06) in Activity Delivery, hard project and soft project costs for the Reconstruction of the housing unit located at 2024 9th Street, in Port Arthur,Texas, which will be purchased by a Qualified Household and occupied as their primary residence 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 Program Requirements. C. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under 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 conditions of the loan and that additional Page 2 of 4 terms and conditions will be required 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 on the date designated by such law or regulation. Section 3.3 Facsimile Signatures 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 Capitalized 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 obligations hereunder shall expire if all conditions for the closing and initial funding of the homebuyer transaction are not satisfied within 60 days after the effective date of this Contract, unless the Department, in its sole discretion, chooses to extend the date in writing • Page 3 of 4 IN WITNESS WHEREOF, 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 By: Its duly authorized officer or representative Date: SUBGRANTEE: CITY OF PORT ARTHUR, a political subdivision of the State of Texas By: Mr. Harvey Robinson, Interim City Manager Date: Page 4 of 4 EXH I BIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 PROJECT COMMITMENT CONTRACTS TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT # 77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS PROJECT COMMITMENT CONTRACT FOR 1831 9th Street,Port Arthur,Texas PROJECT COMMITMENT CONTRACT ("Contract") in connection with the Neighborhood Stabilization Program ("NSP") Reservation System Participation Agreement No. 77090003154 ("RSP Agreement") and the previous NSP1 Contract Number 77090000154 is made and entered into by and between City of Port Arthur, a political subdivision of the State of Texas ("Subgrantee") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), herein collectively referred to as"Parties." RECITALS WHEREAS, Subgrantee wishes to make a Commitment of NSP Funds to the Qualified Project, as defined in Article I, in accordance with and subject to all provisions of the RSP Agreement and Program Requirements; 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 RSP Agreement unless otherwise specified herein; WHEREAS, the term Program Requirements 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 mutual covenants and conditions set forth herein, including the Recitals, which are contractual in nature, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, each intending to be legally bound, hereby agree as follows: ARTICLE I QUALIFIED PROJECT Subgrantee shall complete the administration of the Redevelopment Program in accordance with the terms and conditions of the NSP1 Contract No. 77090000154, the Notice, Page 1 of 4 NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for the development of the property located at 1831 9th Street, in Port Arthur, Texas ("Qualified Project"). Subgrantee has reviewed the proposed Qualified Project and verifies 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 shall be effective upon the latter date of execution by the Parties and shall remain in full force and effect until December 31, 2018 ("Term"), unless 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 terms and conditions of the RSP Agreement, as may be amended from time to time, and Program Requirements for the entire Term regardless of term of the RSP Agreement. Section 2.2 NSP Funds A. The Department shall make a Commitment of Funds to RSP in an amount not to exceed FIVE THOUSAND ONE HUNDRED FIFTY-FOUR AND 96/100 ($5,154.96) in Activity Delivery, hard project and soft project costs for the Reconstruction of the housing unit located at 1831 9th Street, in Port Arthur,Texas, which will be purchased by a Qualified Household and occupied as their primary residence 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 Program Requirements. C. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the amounts set forth in Subsection A of this Section 2.2. ARTICLE HI GENERAL PROVISIONS Section 3.1 Loan Doc urncnts Subgrantee understands and hereby acknowledges that this Contract and the RSP Agreement do not address all of the terms and conditions of the loan and that additional Page 2 of 4 terms and conditions will be required 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 on the date designated by such law or regulation. Section 3.3 Facsimile Signatures 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 Capitalized 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 obligations hereunder shall expire if all conditions for the closing and initial funding of the homebuyer transaction are not satisfied within 60 days after the effective date of this Contract, unless the Department, in its sole discretion, chooses to extend the date in writing • Page 3 of 4 IN WITNESS WHEREOF, 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 By: Its duly authorized officer or representative Date: SUBGRANTEE: CITY OF PORT ARTHUR, a political subdivision of the State of Texas By: Mr. Harvey Robinson, Interim City Manager Date: Page 4 of 4 EXHIBIT " TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME ("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT NO 77090003154 PROJECT COMMITMENT CONTRACTS TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI") RESERVATION SYSTEM PARTICIPATION AGREEMENT #77090003154 WITH CITY OF PORT ARTHUR, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS PROJECT COMMITMENT CONTRACT FOR 2339 5th Street,Port Arthur,Texas PROJECT COMMITMENT CONTRACT ("Contract") in connection with the Neighborhood Stabilization Program ("NSP") Reservation System Participation Agreement No. 77090003154 ("RSP Agreement') and the previous NSP 1 Contract Number 77090000154 is made and entered into by and between City of Port Arthur, a political subdivision of the State of Texas ("Subgrantee") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), herein collectively referred to as"Parties." RECITALS WHEREAS, Subgrantee wishes to make a Commitment of NSP Funds to the Qualified Project, as defined in Article I, in accordance with and subject to all provisions of the RSP Agreement and Program Requirements; 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 RSP Agreement unless otherwise specified herein; WHEREAS, the term Program Requirements 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 mutual covenants and conditions set forth herein, including the Recitals, which are contractual in nature, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, each intending to be legally bound, hereby agree as follows: ARTICLE I OUALIFIED PROJECT Subgrantee shall complete the . administration of the Redevelopment Program in accordance with the terms and conditions of the NSP1 Contract No. 77090000154, the Notice, Page 1 of 4 NSP Rules, the NOFA, the Application and Program Requirements utilizing the NSP Funds for the development of the property located at 2339 5th Street, in Port Arthur, Texas ("Qualified Project"). Subgrantee has reviewed the proposed Qualified Project and verifies 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 shall be effective upon the latter date of execution by the Parties and shall remain in full force and effect until December 31, 2018 ("Term"), unless 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 terms and conditions of the RSP Agreement, as may be amended from time to time, and Program Requirements for the entire Term regardless of term of the RSP Agreement. Section 2.2 NSP Funds A. The Department shall make a Commitment of Funds to RSP in an amount not to exceed THREE THOUSAND TWO HUNDRED SIXTY-ONE AND 65/100 ($3,261.65) in Activity Delivery, hard project and soft project costs for the Reconstruction of the housing unit located at 2339 5th Street, in Port Arthur,Texas, which will be purchased by a Qualified Household and occupied as their primary residence 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 Program Requirements. C. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the amounts set forth in Subsection A of this Section 2.2. ARTICLE HI 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 conditions of the loan and that additional Page 2 of 4 terms and conditions will be required 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 on the date designated by such law or regulation. Section 3.3 Facsimile Signatures 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 Capitalized 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 obligations hereunder shall expire if all conditions for the closing and initial funding of the homebuyer transaction are not satisfied within 60 days after the effective date of this Contract, unless the Department, in its sole discretion, chooses to extend the date in writing Page 3 of 4 IN WITNESS WHEREOF,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 By: Its duly authorized officer or representative Date: SUBGRANTEE: CITY OF PORT ARTHUR, a political subdivision of the State of Texas By: Mr. Harvey Robinson, Interim City Manager Date: Page 4 of 4