1999-142-RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
RESOLUTION NO. qq_, 4?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
HOUSING ASSOCIATES, INC. TO SERVE AS DEVELOPER FOR A HOUSING
INFRASTRUCTURE FUND PROJECT TO PROVIDE FOR WATER/SEWER
IMPROVEMENTS, STREET PAVING, AND DRAINAGE IMPROVEMENTS, FUNDED
BY THE 1999 HOUSING INFRASTRUCTURE FUND PROGRAM GRANT, TCDP
CONTRACT NO. 719068; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE,
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May,
1999, in Resolution No. 99-053, which was amended on the 27th day ofJu]y, 1999, by Resolution
No. 99-095, authorize an application to be made to the Texas Department of Housing and
Community Affairs under the Texas Community Development Program (TCDP) for the ]999
Housing Infrastructure Fund Program grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of
November, 1999, in Resolution No, 99-129, accept the Grant Award entitled "1999 Housing
Infrastructure Fund Program" Grant, TCD P Contract No. 719068, in the amount of $399,500,00,
from the Texas Department of Housing and Community Affairs for participation in the] 999 Texas
Community Development Program; and,
WHEREAS, the City of Paris is in need of a developer for said project funded in the
Texas Community Development Programs grant; and,
WHEREAS, Dan Allgeier, President of Housing Associates, Inc., has made a Proposal
to develop the Housing Infrastructure Fund Grant project, and it is deemed appropriate that such
proposal be accepted; and,
WHEREAS, the form of the Agreement between City of Paris and Housing Associates,
Inc, for a Housing Infrastructure Fund Project, attached hereto as Exhibit A, should, in all things,
be approved, and the City Manager, Michael E, Malone, should be authorized to execute the
same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1.
That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2,
That the Proposal submitted by Housing Associates, Inc., as developer of the
water/sewer improvements, street paving, and drainage project under the Texas
Community Development Program, to be funded by the 1999 Housing
Infrastructure Fund Program" Grant TCDP Contract No. 719068, be, and the same
is hereby, accepted.
Section 3,
That the form of the Agreement between the City of Paris and Housing Associates,
Inc. for a Housing Infrastructure Fund Project, attached hereto as Exhibit A, be,
and the same is hereby, approved.
Section 4,
That the City Manager, Michael E, Malone, be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, said Agreement with Housing
Associates, Inc., under the terms and conditions and in the form shown in Exhibit
A, attached hereto,
Section 5,
That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 9th day of December, 1999.
a..~ // k< < ,L;
Charles H. Neeley, M yor '\
"'\
ATTEST:
Mattie Cmmingham, City Clerk
, ,
AGREEMENT BETWEEN
CITY OF PARIS AND
HOUSING ASSOCIATES, INC.
FOR HOUSING INFRASTRUCTURE FUND PROJECT
STATE OF TEXAS
COUNTY OF LAMAR
SECTION 1. DATES AND PARTIES
DATE: December 9. 1999
DEVELOPER: Housing Associates, Inc.
COMMUNITY: City of Paris
MAIN CONTACTS:
The main contact for the Developer is DAN ALLGEIER. whose address is 15400 Knoll Trail.
Suite 300. Dallas. Texas 75248.
The main contact for the Community is MIKE MALONE whose address is 135 1ST SE
STREET. PARIS. TEXAS.
SECTION 2.
OCCUPANCY
Sixty percent (60%) of the THffiTY EIGHT (38) housing units constructed by HOUSING
ASSOCIATES. INC. will initially be owned and occupied by persons with income at or below
80% of median for the area.
SECTION 3. RESPONSmILITIES
PROJECT DESCRIPTION
See attached map,
Page 1 of4
EXHIBIT A
AGREEMENT
HOUSING DEVELOPMENT
Developer shaU develop a THffiTY EIGHT (38) unit subdivision, of which TWENTY THREE
(23). OR SIXTY PERCENT (60%) of the homes will be initially purchased by low and
moderate income families.
SECTION 4. REPAYMENT OF GRANT FUNDS
Developer agrees to repay Community for contract funds expended in the event Developer does
not fulfiU its responsibility under this agreement and for aU budget items exceeding grant amount.
SECTION 5. OUARTERLY VISITS
Community shall make quarterly on-site visits to the project site to assess/monitor the progress
toward the project and Developer shall provide local officials at the time of on-site visits
information regarding the housing units and any other information deemed necessary by the
Community to administer the contract.
SECTION 6. RECORDS
Developer shaU keep records and make reports regarding the documentation oflow and moderate
income benefits and beneficiaries by race, ethnicity, gender and handicapped status in the same
manner and to the same extent as the Texas Department of Housing and Community Affairs
requires of the Community.
.'
"I
SECTION 7. GENERAL WAIVER BY DEVELOPER
Developer hereby waives and releases Community from aU claims for loss or damage caused by
any act or omission of the Community, its employees, or agents, except for willful misconduct and
except as otherwise provided by the Texas Uniform Commercial Code.
SECTION 8. DEFINITION OF TERMS
Unless the context otherwise indicates all terms used herein which are defined in the Texas
,
Uniform Commercial Code shall have the meaning herein stated.
Page 2 of 4
AGREEMENT
SECTION 9. SUCCESSORS
This agreement shall inure to the benefit of and bind the heirs, personal representatives,
successors and assigns of the parties.
SECTION 10. IF UNENFORCEABLE
If any provision of this agreement proves unlawful or unenforceable by a court having jurisdiction
over the parties of the subject matter, such provision shall be severable from the other provisions
of this agreement and all remaining provisions shall be enforceable.
SECTION 11. GOVERNING LAW AND VENUE
This agreement shall be goyemed by the laws of Texas, which state shall also be deemed the place
where this agreement was entered into and the place of performance and transaction of business
of the parties, In the event oflitigation pertaining to the agreement the exclusive forum, venue
and place of jurisdiction shall also be the CITY OF PARIS and the State of Texas unless
otherwise designated by the Community.
SECTION 12. SPECIAL CONDITIONS
Any other relevant details or special conditions placed on this agreement as outlined between the
Community and the Texas Department of Housing and Community Affairs, to include all
program related compliance responsibilities shall be incorporated into this agreement.
SECTION 13. AMENDMENT
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ff
This agreement may be amended by mutual agreement of the parties hereto and a writing to be
attached to and incorporated into this agreement.
SECTION 14. TERM OF AGREEMENT
The term of this agreement shall commence upon contract approval and shall be completed by
SEPTEMBER 9.2002 or upon completion and close out of the contract between the
Community and the Texas Department of Housing and Community Affairs,
Page 3 of 4
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AGREEMENT
IN WITNESS HEREOF the Developer and the Community have executed this Agreement as of '
the date indicated above.
CITY OF PARIS
HOUSING ASSOCIATES. INC.
<;1 c.. i\l
Michael E. Malone, City Manager
J
Page 4 of 4
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CITY OF PARIS: APPLICANT
HOUSING ASSOCIA TES, INC.: DEVELOPER
RIM ENTERPRISES, INC.: PREPARA TlON
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