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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 ,J 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 ~ 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 EASTGA TE sUBDIVISION PARIS, TEXAS TO RENO TO PARIS DOlOtlltlYoN . R._ for: commercfal d.....,opment: j ..... b ~ .1"1'" '" l' - ffl :5 ... ... I . "".. .... I , . I I I I I --' ...-P- I .-- I --~..-.... I d-"- ........ . '" ... C8 .. . .. .. Ii S '" '" n t ~ . , i. I, ! I !II . ~ '" '" .. 1" . ,I .", i~ .. " .. ~i " . w r , , : i J .. , : .. , , " , w , , , ~~.... , -.---...jl Oft C8 H_d..QlI kr.tornl .. .. .. " .. ... .tGtIowl , , -,4.~ ~htoat '- " .. -- EASTC'" TE SUBDIVISION PARIS, TEXAS 31r'..c.~_".. at,,,,,...... R.eq'm o.n r1fi1 on 41th st. s-_ s.- ...... s....... ........ CITY OF PARIS: APPLICANT HOUSING ASSOCIA TES, INC.: DEVELOPER RIM ENTERPRISES, INC.: PREPARA TlON . " (