Loading...
HomeMy WebLinkAboutPO 7052: TENDER LOVING CARE CENTER FOR CHILDREN DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION, CONSTRUCTING NEW AFFORDABLE HOUSING FOR QUALIFIED HOMEBUYERS City of nr1 rtlrrrr 7 INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Community Development DATE: April 29, 2022 TO: Ronald Burton, City Manager Mayor and City Council FROM: Beverly A. Freeman, Housing&Neighborhood Revitalization Manager RE: P.O. 7052 Nature of Request: The Housing Division recommends the City Council adopt P. O. 7052 for the conveyance of one(1)City owned property located at 1037 6th Street, Lot 11 Block 95, City of Port Arthur, to Tender Loving Care Center for Children (TLCCC), dba Legacy Community Development Corporation (Legacy CDC), a qualified developer for the redevelopment of a City owned property located in the targeted area by constructing new affordable housing for qualified homebuyers Staff Analysis/Considerations: The property shall be used as a part of the neighborhood revitalization collaboration between the City of Port Arthur, Port Arthur Economic Development Corporation, and TLCCC, dba Legacy CDC. The proposed project states that TLCCC,dba Legacy CDC will construct new homes in the downtown targeted area. The Port Arthur Economic Development Corporation will provide up to$30,000.00 per location to assist with construction subsidy for qualified buyers that meet the income requirements. The eligible homebuyer may also qualify to receive up to $40,000.00 from the Federal CDBG Program to assist with down payment and closing costs associated with the purchase of homes, on an as needed basis. Recommendation: The Housing Division recommends the City Council adopt P.O. 7052 for the conveyance of one(1)City owned property located at 1037 6th Street, Lot 11 Block 95, City of Port Arthur, to the (TLCCC), dba Legacy CDC,a qualified developer for the redevelopment of a City owned property located in the targeted area by constructing new affordable housing for qualified homebuyers Budget Consideration: N/A P. O. No . 7052 04/29/2022 647 ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF THE CITY OWNED PROPERTY LOCATED AT 1037 6TH STREET TO TENDER LOVING CARE CENTER FOR CHILDREN, DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION, A QUALIFIED DEVELOPER. WHEREAS, the City Council wishes to convey the City owned vacant lot located in the targeted area at 1037 6th Street in substantially the same form as delineated in Exhibit "A", to Tender Loving Care Center for Children (TLCCC) , dba Legacy Community Development Corporation (Legacy CDC) ; and WHEREAS, the conveyed City owned vacant lot will be used as a part of the neighborhood revitalization collaboration between the City of Port Arthur, Port Arthur Economic Development Corporation, and TLCCC, dba Legacy CDC for new construction of affordable housing; and WHEREAS, the Port Arthur Economic Development Corporation will provide up to $30, 000 . 00 per location to assist with construction subsidy for the qualified buyers . The eligible homebuyer may also qualify to receive up to $40, 000 . 00 from the Federal HOME Program to assist with the down payment and closing costs associated with the purchase of homes on an as needed basis; and WHEREAS, all affordable homes will be built, marketed, and sold at appraised value to eligible homebuyers whose income range between 60% up to 120% of the Area Median Income; and WHEREAS, the conveyance of this City owned lot will promote the public purposes of maintaining high quality safe housing that will promote the revitalization of the downtown area. NOW, THEREFORE, BE IT ORDAINED 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 herein authorizes the City Manager to convey the City owned real property in substantially the same form as delineated in the attached Exhibit "A" , to TLCCC, dba Legacy CDC. SECTION 3 . That, this conveyance is hereby authorized and shall be subject to the following conditions : 1 . The sale price for the lots shall be Ten and no/100 ($10 . 00) Dollars . 2 . TLCCC, DBA TLCCC, dba Legacy, CDC shall construct new affordable housing on conveyed vacant lots as agreed. 3 . Should the home not be constructed by May 31, 2023, the property shall revert back to the City. SECTION 4 . That, Vivian Ballou, Project Manager/Director of TLCCC, dba Legacy CDC agrees by signing the Ordinance accepts the City owned property located in targeted area in substantially the same form as delineated in the attached Exhibit A" . SECTION 5. That, if for any reason, TLCCC, dba Legacy CDC, does not construct the homes under the Port Arthur EDC Affordable Housing Program on these lots so transferred, the City shall have a right to void the transfer and recapture any improvements on the lots . SECTION 6. That, a copy of the caption of the Ordinance shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 2022 , at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES : Mayor: City Council : NOES : THURMAN "BILL" BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY jAPP VED AS TO FORM: 2aLzq 4 ,VAL TIZ EN CITY ATTORNEY APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER AGREED TO: TLCCC, dba LEGACY COMMUNITY DEVELOPMENT CORPORATION Printed Name: Vivian Ballou EXHIBIT " A " SPECIAL WARRANTY DEED Date: , 2022 Grantor: City of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. O. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641 Grantee: Tender Loving Care Center for Children, dba Legacy Community Development Corporation Grantee' s Mailing Address (including County) : 3025 Plaza Circle Port Arthur, Texas 77642 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Ronald Burton, for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and of this good and valuable consideration and under the terms as denoted in Ordinance No. 22- to the undersigned in hand paid by the Grantee herein named, that receipt and sufficiency of which are hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these present do GRANT, SELL and CONVEY unto TENDER LOVING CARE CENTER FOR CHILDREN, DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION. PROPERTY (INCLUDING ANY IMPROVEMENT) : LOT 11, BLK 95 , OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN 1037 6TH STREET) . RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, rights-of-way, restrictions, covenants, rights of reversion and conditions as denoted in Ordinance No. 22- , which requires the use of the property to be consistent with the stated use and Neighborhood Stabilization Program requirements, and all exceptions reservations, and conveyances of minerals and/or royalties oil and gas and/or mineral leases, affecting the above described property, and to all zoning laws, ordinances, rules and regulations of municipal and/or of this governmental authorities, but only to extent that same are in force and effect and relate to the above described property. This conveyance is also made subject to all state and federal laws and regulations, if any, affecting said property though they may be unrecorded. Grantor, for the consideration and subject to the reservation from any exceptions to conveyance and warranty, grants sells and conveys to Grantee the property, to get his with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to the Grantee' s Heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor' s Heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee' s heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part there except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise . Grantee acknowledges that Grantor has not made and does not make any representations as to the physical condition of the property, or any other matter affecting or related to the property (other than warranties of title, as provided and limited herein) . As a material part of the consideration for this deed, Grantee expressly agrees that to the maximum extent permitted by law, the property is conveyed "as is" and "with all faults", and Grantor expressly disclaims, and Grantee acknowledges and accepts that Grantor has disclaims, any and all representations, warranties, or guaranties of any kind, oral or written, express or implied (except as to title, as herein provided and limited) concerning the property, including, without limitation, the profitability, suitability, or fitness for a particular purpose of the property. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertions of the City with respect to the condition of the property, but is relying on Grantee' s examination of the property. Executed on the day of , A.D. , 2022 . GRANTOR, CITY OF PORT ARTHUR BY: RONALD BURTON, CITY MANAGER ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VAL TIZENO, CITY ATTORNEY ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Ronald Burton , City Manager of the City of Port Arthur, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur, for the purposes and consideration therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day of , 2022 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON the day of , 2022 . GRANTEE: BY: Vivian Ballou ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian Ballou, known to me to be the person whose name is subscribed to the foregoing instrument . GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day of , 2022 . Notary Public, State of Texas Return Original: Vivian Ballou 3025 Plaza Circle Port Arthur, Texas 77642 Return Copy: City of Port Arthur Attn: Beverly Freeman P.O. Box 1089 Port Arthur, Texas 77641-1089