HomeMy WebLinkAbout13337RESOLUTION NO. 13337
A RESOLUTION APPROVING AN AMENDMENT TO AN
AGREEMENT BETWEEN NEIGHBORWORKS OF PUEBLO. AND
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment No. 1 dated November 23, 2015 to the Affordable Housing Development
Agreement dated November 10, 2014 between NeighborWorks of Pueblo, and the City of Pueblo,
a Municipal Corporation, (the “Agreement”), for the rehabilitation of rental housing and the
construction of single-family for-sale housing a copy of which is attached and incorporated herein,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached Agreement to effectuate the
transactions described therein.
SECTION 3.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: November 23, 2015
BY: Ed Brown
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
CITY COUNCIL MEETING DATE: November 23, 2015
TO: President Stephen K. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Ada Rivera Clark, Director of Housing and Citizen Services
SUBJECT: A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT
BETWEEN NEIGHBORWORKS OF PUEBLO. AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a Resolution for City Council consideration approving an Amendment No. 1 to an
Agreement with NeighborWorks of Pueblo for the production and preservation of affordable
housing.
PREVIOUS COUNCIL ACTION:
The City Council has not taken any previous action on this matter.
BACKGROUND:
In November of 2014, the City of Pueblo entered into a developer agreement with NeighborWorks
of Pueblo for the construction of two single-family homes and the rehabilitation of an affordable
rental project. The Agreement expired and the project is still underway as there were delays in
the start-up dates based on environmental requirements. This Amendment No. 1 encompasses
the following changes:
1- Extends the contract period until November 10, 2016.
2- Makes these changes retroactive to July 28, 2015.
FINANCIAL IMPLICATIONS:
The funding was committed under the original Agreement of November 10, 2014.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The City could choose not to extend the contract date and the project would be in non-compliance.
RECOMMENDATION:
Approve the Resolution.
ATTACHMENTS:
Amendment No. 1
AMENDMENT NO. 1 TO
AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
(HOME-CDHO)
This Amendment No. 1 to Affordable Housing Development Agreement is made and entered
into this 23`d day of November 2015, by and between the City of Pueblo, a Municipal
Corporation(hereinafter referred to as"City")and NeighborWorks of Pueblo,a Colorado Non-
Profit Corporation (hereinafter referred to as "Developer").
WHEREAS, Developer and City have heretofore entered into an Agreement dated
November 10, 2014 (hereinafter "the Agreement") wherein Developer agreed to the
rehabilitation of rental housing and the construction of single-family for-sale housing to create
and maintain affordable housing in accordance with the terms of that Agreement, the City's
housing strategy and the requirements of law, including but not limited to the HOME
Investment Partnerships Act, 42 U.S.C. §12701 et sec., and implementing regulations,
including but not limited to those at 24 CFR Part 92; and the Housing and Community
Development Act, 42 U.S.C. §5301 et. seq., and implementing regulations; and
WHEREAS, the term of the Agreement has expired and the project is currently
underway; and
WHEREAS, it is necessary and desirable that the Agreement be amended,subject to all
terms and conditions of the Agreement;
NOW, THEREFORE, in consideration of the foregoing and the mutual terms and
conditions set forth herein, the parties agree as follows:
1. The Agreement is amended by revising Section 1(c) (iv) to state that, "Developer or
the Project Owner shall substantially complete all elements of the Scope of Service of
the Project not later than November 10, 2016".
2. The Agreement is amended by revising Section 4(a) to state that, "Unless sooner
terminated, the term of this Agreement, for purposes of making the grant and
undertaking the construction and completion of the Project, shall be from the date of
execution hereof until November 10, 2016."
3. Funding to be made available retroactive to July 28, 2015.
4. Except as expressly modified by this Amendment No. I,the Agreement shall remain in
full force and effect. Except as expressly modified, any obligations remaining to be
performed under the original Agreement by either party,are not waived or excused in
any manner,but shall be fully performed in accordance with the terms and conditions
of the Agreement as it existed prior to this Amendment No. 1.
IN WITNESS WHEREOF, Developer and City have executed this Amendment No. I to
Affordable Housing Development Agreement as of the date first above written.
NeighborW j • of ' -- . ,
Name: 1" 1.1-._ UP 1C‘n
Title: President of the Board
CITY OF PUEBLO,
ATTEST: A Mu•'•'.. I r1ii
• 4
,,,,,,_ Name: $1.e14.4µ 6. N� vi Rocws
Cit Jerk Title: President of City Council
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