HomeMy WebLinkAboutPR 22100: AMENDMENT NO. 7 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 AGREEMENT NUMBER 7709000154 4 ifr///
City of
nr7 rtltu
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: August 17, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Beverly A. Freeman, Housing &Neighborhood Revitalization Manager
RE: Proposed Resolution 22100—Amendment No. 7 to the Neighborhood
Stabilization Program 1 Agreement Number 7709000154
Nature of the Request:
The Housing Division recommends the City Council authorize the City Manager to execute
Amendment No. 7 to the Neighborhood Stabilization Program 1 ("NSP 1") Agreement Number
7709000154 between the City of Port Arthur and the Texas Department of Housing and Community
Affairs (TDHCA), to extend the contract expiration date from August 31, 2021, and shall terminate on
August 31, 2022, contingent on the TDHCA Board of Director's approval at their September 2,
2021 Board Meeting.
Staff Analysis/Considerations:
The NSP 1 Contract Number 77090000154 requires an amendment to provide time for the
TDHCA to submit a request to the U.S. Department of Housing and Urban Development(HUD)
for authorization to remove the remaining unsold lots from the City of Port Arthur's NSP 1 Land
Bank Program and requirements. This amendment will also allow time for the closeout of the
Land Bank Program under the existing NSP 1 Contract.
Budget Impact:
N/A
"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
4)City of i
I10
art r11ru
www.Po rtArth u rTx.gov
Recommendation:
The Housing Division recommends the City Council authorize the City Manager to execute
Amendment No. 7 to the NSP 1 Contract Number 7709000154 between the City of Port Arthur and the
TDHCA,to extend the contract expiration date from August 31, 2021 and shall terminate on August 31,
2022, contingent on the TDHCA Board of Director's approval at their September 2, 2021 Board
Meeting.
"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. 22100
08/17/21 BAF
HOUSING
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NUMBER 7 TO THE NEIGHBORHOOD
STABILIZATION PROGRAM 1 (NSP 1) AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR AND THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS (TDHCA) TO EXTEND THE
CONTRACT EXPIRATION DATE FROM AUGUST 31, 2021, TO A
NEW TERMINATION DATE OF AUGUST 31, 2022.
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 7709000154; and,
WHEREAS, pursuant to Resolutions 15-120, 16-181, 16-244, 17-225, 18-265 and 19-369,the
Neighborhood Stabilization Program Income (NSP1-PI) Reservation System Participation Agreement
Number 77090003154 Amendments supported the continuation of the activities started with
Neighborhood Stabilization Program 1 Contract Number 7709000154; and,
WHEREAS, the Neighborhood Stabilization Program 1 (NSP 1) Contract Number
77090000154 is being amended to extend the contract expiration date from August 31, 2021 and shall
terminate on August 31, 2022, contingent on the Texas Department of Housing and Community
Affairs (TDHCA) Board of Director's approval at their September 2, 2021 Board Meeting; and,
WHEREAS, the contract expiration date is being extended to provide time for the TDHCA to
submit a request for authorization to the U.S. Department of Housing and Urban Development (HUD)
to allow the remaining unsold NSP Land Bank lots in the City of Port Arthur to be removed from the
Neighborhood Stabilization Program and requirements. This amendment will also allow time for the
closeout of the Land Bank Program under the existing NSP 1 Contract Number 77090000154.
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 the City Council hereby authorizes the City Manager to execute Amendment
Number 7 to the NSP 1 Agreement Number 77090000154 in substantially the same form, attached
hereto as Exhibit"A", to extend the contract expiration date from August 31, 2021, and shall terminate
on August 31, 2022, contingent on the Texas Department of Housing and Community Affairs Board of
Director's approval at their September 2, 2021 Board Meeting.
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 A.D., 2021 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
MAYOR
COUNCILMEMBERS
NOES:
DONALD FRANK, SR.
MAYOR PRO TEM
ATTEST:
SHERRI BELLARD, TRMC, CITY SECRETARY
APPR VED AS TO FORM:
ALE A I
APPROVED FOR ADMINISTRATION:
RON BURTON, CITY MANAGER
tili\P-JCLA
• CIA_BEVERLY A. EMAN, HOUSING &
NEIGHBORHOOD REVITALIZATION
MANAGER
EXHIBIT " A "
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM (NSP1)
NO 7709000154 AMENDMENT NUMBER 7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM
CONTRACT
WITH
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
CONTRACT NO. 77090000154
AMENDMENT NO. 7
This Amendment No. 7 to the Neighborhood Stabilization Program ("NSP") Contract No. 77090000154
("Seventh Amendment") is made and entered into by and between the 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 ("Contractor") (hereinafter, collectively referred
to as "Parties"), to be effective on August 31, 2021.
RECITALS
WHEREAS, the Contractor and the Department executed that certain NSP Contract No. 77090000154
to be effective on September 1, 2009 ("Contract");
WHEREAS, the Contractor and Department executed that certain Amendment No. 1 to NSP Contract
No. 77090000154 ("First Amendment") to be effective on August 24, 2010;
WHEREAS, on May 17, 2011, and June 1, 2011, Contractor and Department, respectively, executed
that certain Amendment No. 2 to Contract No. 77090000154 ("Second Amendment")to be effective on June
1, 2011;
WHEREAS, on September 19, 2012, and October 17, 2012, Contractor and Department, respectively,
executed that certain Amendment No. 3 to Contract No. 77090000154 ("Third Amendment") to be effective
on October 17, 2012;
WHEREAS, the Contractor and Department executed that certain Amendment No. 4 to NSP Contract
No. 77090000154 ("Fourth Amendment") to be effective on August 28, 2014;
WHEREAS, on August 30, 2019, and September 10, 2019, Contractor and Department, respectively,
executed that certain Amendment No. 5 to Contract No. 77090000154 ("Fifth Amendment") to be effective
on September 10, 2019;
WHEREAS, on September 10, 2020, and September 17, 2020, Contractor and Department,
respectively, executed that certain Amendment No. 6 to Contract No. 77090000154("Sixth Amendment") to
be effective on August 31, 2020;
NSP Contract 77090000154,Amendment No. 7 Page 1 of 5
WHEREAS, the Parties desire to extend the term of the Contract and amend the activity-specific
timelines;
WHEREAS, in accordance with Section 16 of the Contract and 10 TAC§20.14, Department has authority
to amend the Contract accordingly; and
WHEREAS, the Parties desire to amend the Contract in the manner described below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 2, CONTRACT PERIOD, of the Contract is hereby amended to read as follows:
"This Contract shall commence on September 1st, 2009 (Start Date), and shall
terminate on August 31, 2022 (End Date), unless otherwise specifically provided
by the terms of this Contract."
2. The Project Implementation Schedule attached as Exhibit C to the Contract is hereby amended and
replaced in its entirety with the Project Implementation Schedule consisting of one page, attached as
Attachment#1 to this Seventh Amendment.
3. All of the remaining terms and provisions of the Contract shall be and remain in full force and effect.
If the terms of this Seventh Amendment and the terms of the Contract as amended by Seventh are in
conflict, then this Seventh Amendment shall control unless it would make the Contract void by law.
4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
original Contract.
5. This Seventh Amendment shall be binding upon the Parties hereto and their respective successors
and assigns.
6. This Seventh 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 contract binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
7. If any Party returns a copy of this Seventh Amendment 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.
8. By the signing of this Seventh Amendment,the Parties expressly understand and agree that the terms
under this Seventh Amendment shall become a part of the Contract as if they were set forth word for
word therein.
NSP Contract 77090000154,Amendment No. 7 Page 2 of 5
WITNESS OUR HANDS TO BE EFFECTIVE ON AUGUST 31, 2021:
CONTRACTOR:
CITY OF PORT ARTHUR,
a political subdivision of the State of Texas
By:
Name: Ronald Burton
Title: City Manager
Date:
NSP Contract 77090000154,Amendment No.7 Page 3 of 5
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Name:
Title: Its duly authorized officer or representative
Date:
NSP Contract 77090000154,Amendment No.7 Page 4 of 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM
CONTRACT 77090000154
AMENDMENT NO. 7
ATTACHMENT#1
EXHIBIT C
PROJECT IMPLEMENTATION SCHEDULE
NSP CONTRACT NO. 77090000154
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
All contract funds 100% Obligated September 3, 2010
All contract funds 100% Expended August 31, 2021
All properties in Final Eligible Use August 31, 2022
NSP Contract 77090000154,Amendment No. 7 Page 5 of 5