HomeMy WebLinkAboutPR 20322: AMENDMENT NO. 5 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1, AGREEMENT City of
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Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 25, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Beverly A. Freeman, Director of Housing&Neighborhood Revitalization
RE: Proposed Resolution 20322—Amendment No. 5 to the Neighborhood
Stabilization Program 1 - Program Income ("NSP1 - 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. 5 to the Neighborhood Stabilization Program 1 - Program Income ("NSP 1 -
PI") Reservation System Participation Agreement, that is being amended to provide for the
continuation of reimbursement of eligible expenses incurred after the August 17,2013.
Background:
The Neighborhood Stabilization Program 1 - Program Income Reservation System Participation
Agreement Number 77090003154 Amendment No. 4 supported the continuation of the activities
started with Neighborhood Stabilization Program 1 contract Number 77090000154.
Budget Impact:
The Texas Neighborhood Stabilization Program 1 funds account numbers 129-1435-554.59-00
projects NSP006 and NSP007 will be amended.
Recommendation:
It is recommended that City Council authorize the City Manager to execute Amendment No. 5
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).
"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. 20322
06/25/18 BAF
HOUSING
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 5 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 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 is being
amended to provide for the continuation of reimbursement of eligible expenses incurred after
the August 17, 2013 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 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.
Section 7. That the Neighborhood Stabilization Program 1 Program Income
("NSP1-PI") Reservation System Participation Agreement Number 77090003154 Amendment
No. 5 will provide for the continuation of reimbursement of eligible expenses incurred after
August 17, 2013 under the existing Neighborhood Stabilization Program 1 Contract Number
77090000154.
Section 8. That City Council authorizes the City Manager to execute
Amendment No. 5 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 9. 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 July
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 AS TO FORM:
\(-a
VALECIA TIZE , CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
HARVEY ROBINSON,
INTERIM CITY MANAGER
BEVERLY A. F EMAN, DIRECTOR
OF HOUSING & NEIGHBORHOOD
REVITALIZATION
EXHIBIT "
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME
("NSP1-PI")
RESERVATION SYSTEM PARTICIPATION AGREEMENT
NO 77090003154 AMENDMENT NO. 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PP")
RESERVATION SYSTEM PARTICIPATION AGREEMENT
AGREEMENT#77090003154
WITH
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
AMENDMENT NO.5
This AMENDMENT NO. 5 ("Fifth 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 31,2018.
RECITALS
The Parties do hereby agree to amend the NSPI-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, Amendment No. 3 ("Third
Amendment") executed by parties on or about September 19, 2016, and Amendment No. 4 ("Fourth
Amendment")executed by parties on or about September 26,2017.
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, 2018, and shall terminate
on August 31, 2019 (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 Fifth 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 Fifth Amendment,and the Subgrantee hereby acknowledges and reaffirms
its liability there under. In the event of an inconsistency between this Fifth Amendment and the terms of
the RSP Agreement,this Fifth Amendment shall govern.
3. This Fifth 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 Fifth Amendment, the Parties hereto expressly understand and agree that this Fifth
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 31,2018:
SUBGRANTEE:
CITY OF PORT ARTHUR, a political subdivision of the State of
Texas
By:
Name: Harvey Robinson
Title: Interim City Manager
Date:
THIS FIFTH 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:
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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.5
This AMENDMENT NO. 5 ("Fifth 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, 2018.
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, Amendment No. 3 ("Third
Amendment") executed by parties on or about September 19, 2016, and Amendment No. 4 ("Fourth
Amendment")executed by parties on or about September 26,2017.
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, 2018, and shall terminate
on August 31, 2019 (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 Fifth 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 Fifth Amendment, and the Subgrantee hereby acknowledges and reaffirms
its liability there under. In the event of an inconsistency between this Fifth Amendment and the terms of
the RSP Agreement,this Fifth Amendment shall govern.
3. This Fifth 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 Fifth Amendment, the Parties hereto expressly understand and agree that this Fifth
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 31,2018:
SUBGRANTEE:
CITY OF PORT ARTHUR,a political subdivision of the State of
Texas
By:
Name: Harvey Robinson
Title: Interim City Manager
Date:
THIS FIFTH 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:
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