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HomeMy WebLinkAboutR-2006-055 Investment into the Next Step Housing Pear Tree Place Housing Project ($200,000)RESOLUTION NO. R-2006 — 55 A RESOLUTION A resolution authorizing the investment of $200,000 in City of Yakima federal HOME CHDO funds in the Next Step Housing Pear Tree Place Housing Project WHEREAS, the City of Yakima is an annual recipient of Home grant funds from the U.S. Department of HUD that are intended to provide affordable housing assistance to low and moderate income persons; and WHEREAS, at least 15 percent of these HOME funds is required to be made available to local Community Housing Development Organizations (CHDO); and WHEREAS, there are low-income individuals living in Yakima who are in need of safe, decent, affordable housing where supportive services are provided to help them maintain assistance in order to be able to live in safe, decent, affordable housing; and WHEREAS, it is the desire of the Yakima City Council, whenever possible, to assist in meeting these needs; and WHEREAS, Next Step Housing is a highly respected provider of housing assistance for low income persons and is a long time City CHDO; and WHEREAS, Next Step Housing has planned and designed a 40 unit affordable housing project to be located at Powerhouse and Englewood in Yakima, and has previously secured the majority of the funding that will be required to complete the project; and WHEREAS, Next Step Housing has requested a grant of $200,000 from HOME CHDO funds to be used for their Pear Tree Place Housing project; and WHEREAS, this request is in keeping with the goals of the Yakima City Council, the intent of the federal HOME legislation, and is also within the budget capacity of the City's HOME funds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Next Step Housing is awarded a grant of HOME CHDO funds in the amount of $200,000 for use m the development of their Pear Tree Place Housing Project; and 2. The City manager is hereby directed and authorized to execute all necessary contracts for this grant. ADOPTED BY THE CITY COUNCIL this 4th day of April, 2006 >41 Attest: City Clerk David Edler, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Next Step Housing (hereinafter 'Contractor) 2. Address: 216 — 30th 'Ave. Seattle, WA. 98122 3. Phone: (206) 720-1744 4. Contact Person: John Mifsud, Executive Director, 5. Tdle of Service or Program being Funded: Development of 26 Unit Affordable Alcohol and Drug Free Housing for Special Needs Citizens , Proiect name Pear Tree Place. 6. Amount of Contract Award: $ 200;000.00 Grant (HOME) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight, August 31,2007 , unless sooner terminated by either party in accordance with Section X(11 of incorporated Exhibit 'A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and govemed by the following: 1) `Terms and conditions" attached hereto as Exhibit °A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No. g-gccyy-S a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. Final Contract payment shall be subject to satisfactory completion of project described in Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A' and Exhibit `C". This written document and incorporated exhibits constitutes the entire Contract between the parties. IN WITNE . S THEREOF e • . rties have executed this Contract as of the day and year indicated below. R.A. Zais, Jr., City Dto �a� D e apager Date Contractor 0 Date Title: - Xecz r/1/E P4eC /L - ATTEST: 4<eut-t-‘,, City Clerk City Contract No.: Pi 41 -y5- EXHIBIT "A" TERMS AND CONDITIONS DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates Contractor to undertake, and the Contractor hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II SUB -GRANT A. NOTICE TO PROCEED No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (ONDS). ONDS shall furnish the Contractor with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. AMOUNT OF GRANT The City hereby sub -grants to the Contractor $ $200,000.00 for said project. ID GENERAL BUDGET PROVISIONS The Contractor agrees to the following provisions in satisfying the terms and conditions of this contract: A. PAYMENT AND DISBURSEMENTS Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contractor or obligation of the Contractor currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima ONDS of a written reimbursement request on forms provided by the City of Yakima ONDS supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima ONDS that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 "eligible costs under the HOME Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contractor except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. 2 of 13 8/30/05 C. 1. The Contractor shall submit to the City of Yakima ONDS a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget subject category. Written budget revision approval must be received by the Contractor prior to the Contractor incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget sub -object category, the Contractor must submit a revised budget to the City of Yakima ONDS prior to the submittal of claims against the budget. IV COMMENCEMENT OF WORK The City of Yakima ONDS shall furnish the Contractor with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima ONDS. V BILLING PROCEDURES A. The Contractor shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the end of the project within the budget of this Contract will be subject to cancellation by the City of Yakima ONDS and may be negotiated if they are to be included in future Contracts. VIII COMPLIANCE WITH LAWS A. GENERAL The Contractor, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including, but not limited to, Federal HOME Regulations and other policies and guidelines established by the City of Yakima ONDS. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this Contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3 of 13 8/30/05 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, and Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Age Discrimination Act of 1975 (24 CFR 146). 13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE (24 CFR 85.36 (e)). 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's 4 of 13 8/30/05 review and assessment in determining whether the City must prepare an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contractor under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. IX NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contractor agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contractor specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. X NON-DISCRIMINATION IN CLIENT SERVICES A. The Contractor agrees to affirmatively market units made available through this contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of services) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contractor shall abide by alt provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each Contractor or Subcontractor. The Contractor shall take 5 of 13 8/30/05 such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XI LICENSING AND PROGRAM STANDARDS The Contractor agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XII MONITORING AND ACCESS TO RECORDS A. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contractor with this Contractor agreement, with the HOME Compliance Documents, and with alt other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. At any reasonable time and as often as City may deem necessary, Contractor shall make all of its records available to City, HUD, the Comptroller General of the United States, or any of their authorized representatives, and shall permit City, HUD, the Comptroller General of the United States, or any of their authorized representatives to audit, examine, and make excerpts and/or copies of same. Contractor records shall include, but shall not be limited to, the following: payroll, personnel and employment records; procurement bidding documents; contracts; sales closing statements; and invoices. C. The Contractor shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor agrees to provide project line item draw requests, annual verification of rents, annual audited financial statement to compare income and expenses, records, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State 6 of 13 8/30/05 Auditor, State of Washington. The Contractor further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contractor shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contractor agrees that the City of Yakima, the U.S. Department of Housing and urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. B. The Contractor agrees that any contributions or payments made for services furnished under this Contract shall be used for the sole benefit of this program. XVI PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contractor shalt be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME funds used in the purchase of property; Location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contractor under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person, partnership, corporation, association or organization without the prior express approval of the City of Yakima ONDS. 7. Any nonexpendable personal property furnished to, or purchased by, the Contractor, title to which is vested in the City of Yakima ONDS or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the Contractor agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal government to perfect its interest in such property in accordance with the "Uniform Commercial 7 of 13 8/30/05 Code -Secured Transactions" as codified in Article 9A of RCW Chapter 62A. 9. The Contractor shall be responsible for any loss or damage to the property of the City of Yakima ONDS or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contractor to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima ONDS or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVII RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima ONDS is interested only in the results to be achieved, the implementation of services will lie solely with the Contractor. No agent, employee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, Subcontractors, or otherwise during the performance of this Contract. XVIII TAXES AND ASSESSMENTS Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, sales tax, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. NO INSURANCE It is understood that the City does not maintain liability insurance for the Contractor and/or its employees, agents, officers, and subcontractors. B. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, the Contractor shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -Vii or higher in Best's Guide and admitted in the State of Washington. 8 of 13 8/30/05 C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE On or before the date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured/s, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. D. WORKERS' COMPENSATION The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the contractor's workers' compensation coverage will be furnished to the City. The contractor holds the City harmless for any injury or death to the contractor's employees while performing this Contract. E. INSURANCE PROVIDED BY SUBCONTRACTORS The Contractor shall ensure that all subcontractors it utilizes for work/services rendered under this Contract shall comply with all of the above insurance requirements. XXI INDEMNIFICATION AND HOLD HARMLESS All services to rendered or performed under this Contract will be performed or rendered entirely to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. Nothing in this section of the Contract shall be construed to create a liability or a right of indemnification in any third party. XXII CONTRACT, TERMINATION AND CLOSE OUT If the Contractor fails to comply with the terms and conditions of this Contract, the City of Yakima ONDS may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. TERMINATION FOR CAUSE If the Contractor fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope 9 of 13 8/30/05 and nature that the City of Yakima ONDS deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contractor has failed to take satisfactory corrective action as directed by the City of Yakima ONDS or its authorized representative within the time specified by same; 3. The Contractor has failed within the time specified by the City of Yakima ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima ONDS may terminate this Contract in whole or in part, and thereupon shall notify the Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. After this effective date, no charges incurred under any terminated portions are allowable. B. TERMINATIONS ON OTHER GROUNDS This Contract may also be terminated in whole or in part by mutual agreement of the parties. C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF FUNDING In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no Longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This Contract may further be terminated by the City of Yakima upon written demand by the City of Yakima ONDS for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. CLOSE-OUT In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contractor, the City of Yakima shall make or arrange for payment to the Contractor of allowable reimbursable costs not covered by previous payments. 2. The Contractor shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 10 of 13 . 8/30105 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima ONDS shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXIV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. XXV RIGHTS IN DATA The City of Yakima ONDS may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this Contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima ONDS, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXVI RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD 11 of 13 8/30/05 Home Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, (Exhibit B), 4. City of Yakima Resolution No. a,,.ao*6 "5-5. (Exhibit C), and 5. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXVII GOVERNING LAW This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. XXVIII VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, and shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII RETURN OF HOME FUNDS The Contractor shall retum to the City all monies provided hereunder by the City to the Contractor if any of the following occur: 1. The Contractor materially changes the primary purpose and scope of the HOME Project as described on Exhibit "B" to the Contract; or 2. The Department of Housing and Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the 12 of 13 8/30/05 subject of the HOME Project described on Exhibit "B" to the Contract is sold or transferred in any way by the Contractor. XXXIII PROJECT PROCEEDS HOME funds provided by the City of Yakima to the Contractor shall be repaid to the City at no interest from project cash flow if and to the extent that annual net operating income to the Contractor (after project operating expense and first lien debt service) exceeds ten (10) percent of the Contractors investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. 13 of 13 8130/05 RESOLUTION NO. R-2006— 55 A RESOLUTION A resolution authorizing the investment of $200,000 in City of Yakima federal HOME CHDO funds in the Next Step Housing Pear Tree Place Housing Project WHEREAS, the City of Yakima is an annual recipient of Home grant funds from the U.S. Department of HUD that are intended to provide affordable housing assistance to low and moderate income persons; and WHEREAS, at least 15 percent of these HOME funds is required to be made available to local Community Housing Development Organizations (CHDO); and WHEREAS, there are low-income individuals living in Yakima who are in need of safe, decent, affordable housing where supportive services are provided to help them maintain assistance in order to be able to live in safe, decent, affordable housing and WHEREAS, it is the desire of the Yakima City Council, whenever possible, to assist in meeting these needs; and WHEREAS, Next Step Housing is a hi. hly respected providerof housing assistance for low income persons and is a long time City CHDO; and WHEREAS, Next Step Housing has planned and designed a 40 unit affordable housing project to be located at Powerhouse and Englewood in Yakima, and has previously secured the majority of the funding that will be required to complete the project; and WHEREAS, Next Step Housing has requested a grant of $200,000 from HOME CHDO funds to be used for their Pear Tree Place Housing project; and WHEREAS, this request is in keeping with the goals of the Yakima City Council, the intent of the federal HOME legislation, and is also within the budget capacity of the City's HOME funds; now, therefore, BE IT RESOLVED BY TH1H, CITY COUNCIL OF THE CITY OF YAK MA: 1. Next Step Housing is awarded a grant of HOME CHDO funds in the amount of $200,000 for use in the development of their Pear Tree Place Housing Project; and 2. The City manager is hereby directed: and authorized to execute all necessary contracts for this grant. ADOPTED BY THE CITY COUNCIL this 4th day of April, 2006 /s/ DAVID EDLER David Edler, Mayor /s/ KAREN S. ROBERTS Attest: City Clerk BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO: * l O FOR MEETING OF: June 6, 2006 ITEM TITLE: Update of the City of Yakima federal HOME CHDO funding authorization for the Next Step Housing Pear Tree Place Affordable Housing Project SUBMITTED BY: (dam Cook, CED Director CONTACT PERSON/TELEPHONE: Bill Cobabe, Neighborhood Development Manager, (509)'575-6101 SUMMARY EXPLANATION: The City of Yakima is an annual recipient of federal HOME grant funds. These funds are used to provide a variety of affordable housing services to low/moderateincome persons. The City Council has chosen to invest these funds inservicesprovided directly through the Office of Neighborhood Development Services, and through various community partners. Some of these partners have completed the necessary steps to become a Community Housing Development Organization (CHDO). This means they are eligible to apply for the required CHDO set-aside of HOME funds (at least. 15%) that are only available to these organizations. One of our HOME CHDO partners is Next Step Housing. This organization has an excellent record of providing affordable housing using a Clean and Sober model. They have also achieved a remarkable success combining services to recovering substance abuse residents with services to developmentally disabled residents. Their most recent development, which won national recognition, is the Somerset Apartments here in Yakima. Their newest development, Pear Tree Place, will build a new 26 -unit apartment complex. With a total project budget of $4.39 million, the complex will provide housing that will be affordable to persons earning at or below 50% of the area median income. For a single person, this figure is $1,454 per month. Such persons fmd it extremely difficult to locate market rate housing they canafford, and may be forced to live in substandard conditions. In addition,supportive services will also be available to the residents of this complex. Nearly all of the financing for the project is in place. On March 23, 2006 Next Step Housing made a presentation to the City Council's Neighborhood Development Committee. They requested $200,000 in HOME funds. After carefully considering the application and the project, the committee recommended the City maintain its currentapproved level of funding assistance ($200,000) even though the project has been reduced in size. This report is submitted to you as an update only, and no Council action is required. Resolution Ordinance_ Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: y Manager STAFF RECOMMENDATION: Accept report BOARD RECOMMENDATION: COUNCIL ACTION: Report was approved. ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. " For Meeting Of April 4, 2006 A resolution authorizing the investment of $200,000 in City of Yakima federal HOME CHDO funds in the Next Step Housing Pear Tree Place Affordable H•, sing Project Cook, CED Director CONTACT PERSON/TELEPHONE: Bill Cobabe, Neighborhood Development Manager (509) 575-6101 SUMMARY EXPLANATION: The City of Yakima is an annual recipient of federal HOME grant funds. These funds are used to provide a variety of affordable housing services to low/moderate income persons. The City Council has chosen to invest these funds in services provided directly through the Office of Neighborhood Development Services, and through various community partners. Some of these partners have completed the necessary steps to become a Community Housing Development Organization (CHDO). This means they are eligible to apply for the required CHDO set-aside of HOME funds (at least 15%) that is only available to these organizations. One our HOME CHDO partners is Next Step Housing. This organization has an excellent record of providing affordable housing using a Clean and Sober model. They have also achieved a remarkable success combining services to recovering substance abuse residents with services to developmentally disabled residents. Their most recent development, which won national recognition, is the Somerset Apartments here in Yakima. Their newest development, Pear Tree Place, will build a new 40 unit apartment complex. With a total project budget of $4.5 million, the complex will provide housing that will be affordable to persons earning at or below 50% of the area median income. For a single person, this figure is $1,454 per month. Such persons find it extremely difficult to locate market rate housing they can afford, and may be forced to live in substandard conditions. In addition, supportive services will also be available to the residents of this complex. Nearly all of the financing for the project is in place. On March 23, 2006 Next Step Housing made a presentation to the City Council's Neighborhood Development Committee. They requested $200,000 in HOME funds. After carefully considering the application and the project, the committee recommended the submission of the request for City funds to the full Council for consideration. There is enough money in the current City of Yakima HOME program budget to fund this project, and also continue to fund our other housing programs. Attached for approval is a resolution authorizing this investment, and directing the City Manager to execute the contracts necessary to complete the transfer of funds. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source ONDS: 2006 HOME CHDO Funds APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approval BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-55 Addendum to City of Yakima Grant Award Contract This Addendum is intended to document an assignment of certain obligations under an award of $200,000 from the City of Yakima, Office of Neighborhood Development Services ("Grantor") to Next Step Housing, a Washington nonprofit corporation ("Next Step"). Recitals A. The Grantor previously awarded $200,000 ("Award Funds") to Next Step, as documented in the contract between Next Step and Grantor, dated June 19, 2006, together with exhibits A, B and C (the "Contract"); B. Per the Contract, the award funds were used to purchase land used to build new affordable housing units for persons living at 50% of the area median income. The project is located at 2900 Powerhouse Road in Yakima (the "Project"); C. In order to accommodate the use of low income housing tax credits to complete this Project, the project is owned by Pear Tree Place, LLC , a Washington limited liability company (the "LLC") in which Next Step serves as the managing member and an affiliate of Enterprise Social Investment Corporation serves as the tax credit investor member; and D. This Addendum is needed to comply with Section XIV of the Contract, related to assignment. Now, therefore, the parties hereby agree as follows: 1. The parties hereby acknowledge that Next Step has established the LLC under Washington law, that the LLC entity is the owner of the Project, that Next Step is the sole managing member of the LLC and Next Step was the developer of the Project. 2. To facilitate the use of low income housing tax credits for the financing of the Project, Next Step loaned the Award Funds to the LLC for purposes of purchasing the land for the Project. The loan is evidenced by a promissory note with a term of 40 years, bearing interest at 5% annually, a loan agreement and secured by a deed of trust recorded under Yakima County recording number 7544389. .The LLC, as borrower, acknowledges that it assumes all of the obligations stated in the Contract and shall operate the Project in accordance with the terms and conditions of the Contract.. This Addendum is effective as of August 6, 2008. Next Step Housing • By: Name: John Mifs Title: Executive Director Pear Tree Place, LLC By: Next Step s g, its mana Signature g member Name: John Mifsud Title: Executive Directo of Next Step Housing SEA_DOCS 829585.2 [09601-00500] 12/20/06 12.43 PM City of Yakima By: Name: R.A. Zais, Jr. Title: City Manager May 11 06 09:46a Benton City Beaton CityRthab rryill Villas Det Rase Terrace Brewster Vista Park Hams Burlington RaTberr Ridge East Wenatchee Heit ae Glom Grandview Hargett Hcvnes Juan Pablo II Granger Ham& Plaza LowerYakiana Valley Horn Ouner Mab Mabton The Fo t ills MaLronRehab Manson Morning Sun Park Mattawa Matta=Honis Wahluke Slope Moses Lake Lemon! Rehab Larson IIRehab Mount Vernon Mr. Baker Mezdr- Oroville Siarilkann Park Othello Herron Pasc o Highland Park Roosevelt Pueblo del Rio Royal City Frrrrhnrrn Hills Jardlin de Rosas Royd SlopeRexab Sunnyside Part 4 Sol ROa Park Sunshine Plaza Tieton/C.awiche Valley West Toppenish HorizonApz. Lilt& Vista Sage int Wapato Inaba PralirreFarrrx Wenatchee The Appkl Washington Squaw Wenatchee ll Yakima Mariposa Park. Pioneer Plaza Smut Tanta R ) 0 Office of Rural and Farmworker Homing ' Nonprofit Affordable Housing Dev ior3)z May 11, 2006 Archie Mathews Office of Neighborhood Development Servics City of Yakima 112 S. Eighth Street Yakima WA, 98901 RE: Next Step Housing development update fir Pear Tr. Dear Archie: 2C::: I am wasting to you on behalf of Next Step Hous_ g to Toro\ . o •. Update on the Pear Tree Place development located on the corner of Englewood Avenue and Powerhouse Road in the City of Yakima. As you may imov , iiireaghout the ci ve:o"arne: process from conceptualization to construction, _projects o1*er: change in respons information regarding the scope, size, design, site layout, tad .:;, e -'t on occas.^ } Pear Tree Place has undergone similar changes = :is Due to lirnitatio:ns on award amounts fror7c t? i.e hurricane season, and increasing construction costa due. ✓.i u::d' ?de dernanc..i.01" materials, Next Step Housing has reduced the origina] deve! ;pr:_'n: s:ze firs' n. <e~ . the City from 40 units down to 26 units. Pear Tree Place wt it std i serve the same demographic population and income targeting. The total develof, nem cost is na million including the City's generous 8200,000 contribute ,.d : 7,'. SE funds. !"_,:° represents a significant leveraging of local resoakima 895 ! of local support. It also gives me great pleasure to tell you that we have been awarded 51.55 rn.JiJ o .un the Washington State Housing Trust Fund and have executed these contracts, :in adeht:r)'i we have received an allocation of Low Income Housing Fax Credits and have a Tette-- c commitment from the WCIR. for the remaining funding gap . , `,i .;. e ha, <. a.., funding sources in place to purchase the prop-n We appreciate your continued support of this ii i;)urtani.'C t'l%:'da;: o housing c.t: ve„a:i:i; l'i't for the Yakima Community. Please feel free to call with an_, cue,;ions you n_a•,- 1:i-- regarding :_regarding the Pear Tree Place development unda..e Very truly yours Bryan Ketcham Housing Development Specialist cc: John Mifsud 1400 Summitview Avenue, #203 You:: is:, : _ .l r (509) 248-7014 • Fax (509) 575-3845 P.\Pear Tree Place.Correspondence\PTP letter to Archie Math,ws May 11 08 09:47a NEXT SFFfl IOUSING 5LRVICIE-ENRICHED • rRANSIFIONAL. & PERMANEN'l Project Description Pear Tree Place will be a 25 unit multi -family rental housing deveopmer servino ver; and extremely low-income individuals as well as small and large families l.ving with disabilities i3t. 30% to 50% of the Yakima AMI, Pear Tree Place will be an Alcohol and Drug Free Community ,417,,Fir,‘,) successfully blending two target populations: those in recovery from substance abuse and, Dr those living with Developmental Disabilities (DD). Five units also nameless families. Of the total 25 rental apartments, 8 will be set -a -side for households living Will- DD resident households be enrolled with and referred from Region 2 Division DD Nitn assoc i:±s Case Management Services and assigned Independent Living Speolalisi.:.; The rerrain; serve households where at least one member has experienced 3.3 to UO days of Carti";ied outpatient substance abuse treatment with no less than one yea o4 sobriety. Mos', participants in a 12- Step Recovery program with sponsors. Some will have aftercare prioiidied the facility where they first reached sobriety. Next Step Housing will own andi manage the oropshi, Zero Tolerance for Substance Abuse ensured by random monthly t, nne-analysis and brea,.i. 2.er checks. The development will also include one additional unit or an on --s ie manager, The crer \Nil! be Pear Tree Place Limited Liability Company of which Next Stec ho.,rsing che Managirci .1"1 L., 1" Pear Tree Place will be constructed on a property in Yakima located or th c.crner of Englevhi 7,:nve and Powerhouse Road. The site is currently owned by Enterprise Progress in the Commun ty EP 0) a non-profit social service agency with a 35 -year history of specialized services fo- trua aindior homeless youth and their families. This neighborhood is close to co‘Aintovin with public. n'anscontation and a bus stop located right across the street. It is zoned R3 and lriterstz-ve 82 and intersta'e i2 are within 2 miles. The EPIC Place Campus is owned by the seer oh,:, a half block Sway ifl array of social services operated by Casey Family Services, Children s Hospital, Triumph 7 eatment Services and EPIC. Other amenities nearby include a grocery store, a gas station al' .Ci as.0cO restaurants. Children's Village, Central Washington Family Medicine. 'i'aikima Memorial Hos n tai and the Farm Workers' Clinic all have medical facilities within a mh Store Church Assembly ancl Trinity Church of the Nazarene are both located within walking distance of the site and l',i.obertson Elementary School with their large baseball diamond, playflolo and dl?\.gi-id h street. Water and sewer needs to be extended to the properti tne ME' nn Engiewci .)+1. phone and cable are readily available. Construction of Pear Tree Place will be conventional site built 'four-plexes ar six-plexes 1.w its be built to meet or exceed current code, and will be safe, saniIary and secure. All units ne conditioned. Front and back yards will be fully landscaped with dencnes, play strucuresnuooen space. Approximately two parking spaces per unit will be provided; on site. in addition to pa:I=:ing lots and play areas, on-site developments shall also include pedestrian vidalkways, adequate drainage, security lighting, underground sprinkler systems, Pomegranate Center, our non-profit clesignEic, will design and implement community gathering spaces integrating resident and community stFkencider input into the design and hands-on involvement in the implementation Our architectural firM Zeck Butler Architects, is very experienced and knowledgeable '0 'n':orioorating sustariable, high performance design strategies in affordable housing. Pear Tree Place \yin integrate an array in design and construction in accordance with Green Communities Criten;:.-3 as cleveloder, it-, The Enterprise Foundation and the Natural Resource Defense Cou-b', Ma 11 06 09:47a 3:54E" Pear Tree Place will meet the health needs of the communit,),b reducifg the .:;hances 0 behavor (relapse), offering access to health services and providing a safe, affordable atmosphere tor re.idovenng substance abusers with an array of social services across the street. Similarly, Pear Thte Place accomplishes community development goals in increasing the capacty of oc.anonprofit organ;zations. accomplishing neighborhood development and improving the ecdnomicicivid conditions in Ya'(, -1F Maj 11 06 08:47a SUPPORT SERVICE Next Step Housing's Director of Case Management off lead SE.-n,riCe elivery cDorci,-IaLiT3i-: -31 residents as well as linkage to other community services. n'iura.-h Treatment Ser4ce,,. available to provide case management for residents in recovery. Region 2 DSHS DD wi refe, en ()lie() clients living with DO to Pear Tree Place with Case Managers :2.3 -g Specialists (caregivers). The Yakima Coalition for the Homeless H Edsc, be ave ac E,,uppor: homeless households with case management services. Next Step Hous no (NSH) wilico: r:aes and needs assessment and keep a file on all residents redeivirlp servoes. As pa,' c' sence coordination, NSH will also refer clients to support agencies accordiro teir special needs end ow up to ensure services were accessed and delivered appropriately individuals and families impacted by substance abuse may self refer and also be referred from he reor treatm-.1:' in Yakima including Triumph Treatment Services, James Oldham Treatment Center, Sundown M Ranch and Merit Resources. Homeless households will be referred from the Yakima Goaiitiorn for the Homeless as well as the Union Gospel Mission. Types of Services Committed Service Provider Referrals to other service providers Next Step Housing Case Management Next Step Housing Triumph Treatment Services DSHS DDD Coalition for the Homeless Child care Triumph Treatment Services Life skills (outside of case management) Next Step Housing if Popuiatiom ed ce Side rits rE,,,siderits R'esdents .n 'Recoery -Jot 1-• Homeless 'Resident:, AP Residents Triumph Treatment Services , Residents in Recovery zi0L-1 DSHS DDD Alcohol and drug abuse services Triumph Treatment Servces Resider in Recove Annual Medical Screenings: DSHS DDD 0 I L.; Employment/job readiness training Next Step Housing Triumph Treatment Servce ReSOer0 Recove,n, DSHS DDD Learning Center Computer Lab EPIC Transportation Next Step Housing Weekly 12 Step Meetings Next Step Housing As needed Residens in Recover Triumph Treatment Services Alcohol/Drug Information School (ADIS) Triumph Treatment Service, AfterCare Triumph Treatment Services Residens n Recover', R.esic en .3 ,n Recovery Si ft e esKTierts n Recovery ie Ma 11 06 09:47a DEVELOPMENT COSTS AND ASSUMPTIO?4, Land acquisition costs were determined by the option agreemen., Co: Cie ./eioornent OOSi. 2 to tax credit developments were estimated in January 2005 ty The Office c- Rural and Frinorker Housing (ORFH) based an similar projects. The construction estimates were completed by 7.fitnik Architects and based on recent construction bids that were received Lr °trier projects C nis size. Construction costs have risen noticeably in the past 12 months ode. o seieraI significar atural, national disasters. Zeck Butler Architects have been in dose contact with contractors end acienc.--ies to insure that the costs that were estimated for this project refiec. The r ost c-,,nt costs in the r act a.s of January 2006. Of the twenty-six total units, eight (8) units will be one-bedroon u,- its, seven t7) bedrooms and ten (10) units will be three-bedroom units. -rihere one (1) three- necrcom manager's unit. 40% of the units will be 3 -bedrooms, the de-veicipmenii: provides adequa.e large households we anticipate serving. These larger units require more maters th3.1 flakier units. As construction costs have risen over the past year, our ::earn has triec to find was ii_ostis and still preserve quality -built housing. Having fewer buildings and incorporating more inits per building saves both in materials and labor. Davis Bacon were reciu,rei-nnts and puiciic assumed. They also increase development costs. Life cycle costs for everything are carefully considered to ricrease usei. Ufa and reciut:i: ei citing costs. This includes roofing, floor coverings, windows, insulation and energy star appliances hot water tanks, stoves and refrigerators), and other energy saving measures in addition to miii,etinici or exceeding energy codes, the landscaping plan includes shading southern (..,,xposures Forr eriirai Washington summer sun. Underground irrigation is also essentie in tis area, ever with drought - resistant plantings. OPERATING COSTS Operating costs were based on actual costs of similar sized pi-ojects Thsi. Next Step Ficicsi.ng and operates in Yakima. While the unit count may not be exactly he same, costs for eac', bedrii:itin size were used in developing the operating budget. These units W be similar in cost savings an:: niargy efficiency design. All water/sewer/garbage and electric charges Were undated to reflect the n those expenses as of January 2006. Replacement reserves will be funded at an annual rate of $300 a unit per year and could ,-icraiase depending on cash flow. An initial operating reserve of $30,00u will he estatiiished at star May 11 06 09:48a Form 9A Residential Per Unit Cost Data Bridge and Permanent Financing Det Pear Tree Place ,Summary of Development Costs Total Development Cost Less Non -Residential Cost Total Residential Cost Residential Unit Costs A. Total residential development cost B. Number of residential units (pads for mobile home parks, bedrooms for shelters, group homes, and other forms of shared housing) C Maximum number of individuals to be served D. Number of households to be housed E. Number of residential square feet Bridge and Permanent Financing Detail Bridge Financing 8 4 5 '�4 g7 ,s°C Repea4 a'°: Interest ' c 4. Rate Rapaymeni: Permanent Financing Source Amount Interev: T:1, -we n, :+_;", Rate, of:excr'e:.;r, ncica:e 9,,J i.:1 ,9% credit LIHTC Tax Credit Equity $2,547,745 Housing Trust Fund $1,550,000 ' r' WCRA Loan $100,135 7 51 30 City of Yakima HOME $200,000 C = "Total Development most l Project ..urnma v —v,.m--.a., ---- Total of Permanent Financing $4,397,880 Form 9A -Residential Per Unit Cost Data/Bridge and Permanent Financing De:a l May 11 06 09:48a NEXT STFP I IOUSING SERV ICC -ENR IC-.€ TEDD • -TRANSITIONAL & PERM. \K 'P.1 PEAR TREE PLACE TIMELINE TASK Identify Site Hire Office of Rural and Farmworker Housing Cost Estimating Partner with Yakima Federal Savings Apply to Seattle FHLB Challenge Fund 2/0' Make offer on EPIC property ! 0 0 Confirm site control 3 00 Attend Seattle FHLB AHP Seminar i 3 05 Order Market Study r r)_ Land configuration: site plan and City requirements Apply to Impact Capital Pre -development Funding ; 4 t? Apply to McKinney Funding 4/05 Select Project Architect 5/;) Order Appraisal of Land Confirm Impact Capital Funding Complete McKinney App with Network c,;' C Order Phase 1 Environmental h,/ 05 Schematic Design Phase 6/05 Early project meeting, City of Yakima 6,1 Preliminary Drawings 8/ Apply to City of Yakima HOME Funds 10/0:5 Apply to WA CTED HTF (with DD set-aside) in Award Date McKinney Application 10 Award Date WA CTED HTF Funding Apply to WSHFC LIHTC Program Apply for Operating Support to WFF Award Date WSHFC LIHTC allocation Contract with WA CTED HTF Contract Yakima ONDS CHDO Funding Award Date Operating Support from WFF 54 r� 10, 2006 STATUS i-? /n4, Complete 11/ Complete ._...-.... :ompl.ete Complete c^mplete ._.^.._. Complete ' Complete _..._.. Complete 'ornplete Complete Complete .:.i;rrpiete Cornpiete Complete Complete .._ _.. _: omplete omplete ,omplete .^mplete --- ---- ,Lornplete Site Survey 1/06 1/C .) 4/06 L 5/a6 0076 la- L;.successfL_1 Complete ornplete - Complete C.:omplete... ._. Complete Pending Pend �'1{r Purchase Land flii_�... Construction Documents ' F,'O6 ;' _ndi:'!g_ LIHTC Credit Reservation Contract / ':;,: r',, idinr Site plan approval 8,100 P ding Organize Ground Breaking Ceremony 9/ 04, , fending Apply to Seattle FHLB AHP 9� 0E Pending Contractor Selection 9,'0J� I'ending Obtain MUP/Building Permit 9/04 ending; Construction Period 9/ 0e 'o 8 ' timate Award Date Seattle FHLB AHP Funding 12/34 1 ' e.ndu' g Pre -leasing 15 / 07 1 Hstimate Obtain Certificate of Occupancy 8/ 0,Ost:n.7ate Lease Up 8,' 07 f.:,-.)3/ 08 i ;'.4h ate Grand Opening x/ `'` sntmate