FIRST AMENDMENT TO THE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT
HFI - CHDO - Amend - 09.25.06
FIRST AMENDMENT
TO THE
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT
BETWEEN
CITY OJ? CLEARWATER, FLORIDA
AND
HOMES FOR INDEPENDENCE, INC.
THIS FIRST AMENDMENT ("Amendment") dated on this /IU- day of ~, 2006, to the
ORIGINAL AGREEMENT ("Agreement"), made and entered into on the 1 st day of June 2004, by and
between the City of Clearwater, Florida, a municipal corporation existing by and under the laws of the
State of Florida, herein after referred to as the "City", and Homes for Independence, Inc., a not-for-
profit corporation organized under the laws of the State of Florida, herein after referred to as the "HFI":
WHEREAS, the City is the recipient of a HOME Investment Partnership Program (HOME)
Grant from the U.S. Department of Housing and Urban Development (RUD) pursuant to Title II of the
Cranston-Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq.
(HOME Program), codified and implemented by 24 CFR Part 92; and
WHEREAS, under the provisions of the Act, the City is required to set-aside at least 15% of its
HOME Investment Partnership Program entitlement allocation to organizations that meet the
requirement for Community Housing Development Organizations (CHDOs), as specified by the HOME
Program, for the CHDO to own, develop or sponsor housing for families at or below 80% of the area
median income; and
WHEREAS, the HFI has met the requirements established by the federal government and has
been certified as a CHDO by the City, pursuant to the National Affordable Housing Act of 1990, as
amended; and
WHEREAS, the City and the HFI desire to amend their Original Agreement which sets forth
terms and conditions for the use and acceptance of the City's FY2002-03 HOME Program CHDO Set
Aside funds; and
WHEREAS, the City desires to provide HFI with additional HOME Program CHDO funds in
the amount of $87,994, from the City's FY04-05 HOME CHDO Set-Aside, to assist with the
rehabilitation and retrofitting of homes of persons who have special needs; and
WHEREAS, it has become necessary to amend the budget and project implementation schedule,
attached as Appendix A, to include the additional HOME CHDO funds associated with this amendment;
and
WHEREAS, the original Agreement dated June 1,2004, with the exception of the Sections A, C
and G, below, remains in full force in effect:
HFI - CHDO - Amend - 09.25.06
NOW THEREFORE, in consideration of the promises and covenants contained herein, the
parties hereto agree as follows:
A. Source of Funds
1. Sources of Funds: The sole source of funding from the City for payment of services performed
under this Agreement is the HOME Investment Partnership Program entitlement provided to the
City by HUD. HFI agrees that in the event that the HOME Investment Partnership Program
entitlement is reduced or withheld by HUD, the City shall not be liable for payment of contracted
services from any City fund other than the HOME Investment Partnership Program entitlement,
in which case HFI further agrees that the maximum sum payable under this Agreement may be
reduced by the City. In the event the HUD determines that the City or HFI have not fulfilled
their obligation under the HOME Investment Partnership entitlement requirements, or the City
determines that HFI has not fulfilled its obligation under the HOME Investment Partnership
Program requirements, and/or HUD or the City demands reimbursement of expenses paid under
this Agreement, HFI shall provide said reimbursement from non-federal sources within ten day
of said notice form City.
Funding in this agreement include $76.650 from the FY02-03 and $87.994 from the FY04-05
HOME Program CHDO Set-asides.
HFI further acknowledges that this Agreement is necessary to comply with the requirements of
24 CFR Part 92 - HOME Investment Partnership Program and incorporated herein by reference,
which is the source of funds provided under this Agreement; and agrees that it will comply with;
and will require all subcontractors, subgrantees and assigns to comply with all terms and
conditions of said 24 CFR Part 92 and this Agreement, as amended. It shall be HFI's
responsibility to insure that it has the latest version of all applicable laws and regulations in its
possession so as to be able to comply with their provisions
2. Use of Funds: In consideration of HOME Investment Partnership Program entitlement funding
allocated by the City, HFI shall operate the programs and specific activities described in HFI's
Proposal (Budget & Work Program), attached hereto as Exhibit A & B and incorporated herein by
reference. HFI shall utilize its HOME allocation as an owner-developer to provide housing for
families at or below 80% of the area median income in accordance with policies established by
HUD and therefore shall:
a. HOME funds provided in this agreement will be used for housing rehabilitation, with an
emphasis on disabled retrofits for persons/households who have Special Needs, as identified
in Exhibit A of this agreement.
b. All activities shall be implemented in accordance with this Agreement and Declaration of
Restrictive Covenants; and
2
HFl- CHDO - Amend - 09.14.06
C. Method of Pavment
Funding Allocation: Both parties agrees that the total compensation to be paid hereunder for
actual expenses incurred shall be ONE HUNDRED SIXTY FOUR THOUSAND - SIX
HUNDRED FORTY FOUR ------------no/l00 DOLLARS ($164.644). The City hereby
acknowledges that the funds provided shall be derived from the 15% CHDO set-aside through the
FY2002-03 and FY2004-05 HOME Program allocations (FY02-03 - $76,650 & FY04-05
$87,994).
The funds will be expended in accordance with the terms and conditions of the agreement. Funds
reserved for HFI may increase or decrease, subject to production standards. Any remaining funds
shall revert to the City or other City approved agency. Such compensation shall be paid in
accordance with the projected accomplishments and budget descriptions attached hereto and made
a part hereof as Exhibit A.
G. Time of Performance
1. Annual CHDO Recertification. The CHDO Recertification documentation shall clearly
demonstrate that the CHDO continues to meet the definition of a CHDO, and shall be submitted
to the City by November 1, 2006, or the City may decline to recertify and decline to renew this
Agreement.
1. Commencement and Term. Services described in this Agreement shall commence on June 1,2004
and shall continue in effect through September 30, 2007. This Agreement may be subject to
renewal, through September 30, 2007, only if Homes has been recertified according to Part I,
Section H, Paragraph 1, and has made significant progress toward the performance of the goals
stipulated in the Work Program
2. Reallocation of Funding. Upon consideration of renewal of this Agreement, the City shall evaluate
the performance of Homes in comparison to the goals defmed in the Work Program. In the event
that there is no activity toward these goals, the City has the right to divide the funding stipulated
in this Agreement among other qualified CRDOs.
3
HFI - CHDO -Amend - 09.14.06
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date fIrst above indicated.
L/"
Countersigned:
::ME~~~l
V ,'e. e. President
9 -/ g - bto
Date
A TIEST:
Date
CITY OF CLEARWATER, FLORIDA
By:
~1I
William B. Home, II
City Manager
-t~..,< t/ ~
Mank V. Hibbard
Mayor
Approved as to form:
~- ~472C\.0-~
Carlos F. Colon
Assistant City Attorney
Attest:
4
HF/- CHDO - Amend - 09./4.06
EXHIBIT B
Provider's Program Implementation Schedule
Planned Oct Nov Dee .' Feb Mar 'Apr '.' " Jun Jul Aug Sep
Jan May
Implementation Steps 2006
", " ,:
Housing Rehabilitation
& Special Needs X X X X X X X X X X X X
Retrofitting
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