HomeMy WebLinkAboutR-2004-139 Yakima Valley Partners Habitat for Humanity Grant RequestA RESOLUTION
RESOLUTION NO. R-2004-139
approving a $67,000 grant request from 2004 federal HOME funds to
Yakima Valley Partners Habitat for Humanity to construct two (2)
single-family homes located within the target area and authorizing and
directing the City Manager and the City Clerk to execute all necessary
grant documents, including a grant agreement, between the City of
Yakima and Yakima Valley Partners Habitat for Humanity.
WHEREAS, the City of Yakima is a recipient of 2004 federal HOME funds which
may be used, among other things, for Community Housing Development Organization
Programs; and
WHEREAS, the City of Yakima is required by the HOME program regulations to
make at least 15% of its annual HOME allocation available to local CHDOs; and
WHEREAS, Yakima Valley Partners Habitat for Humanity is requesting a grant of
$67,000 in HOME funds to construct two (2) new single-family homes located in the target
area; and
WHEREAS, at August 19, 2004, City Council Neighborhood Development Sub-
committee meeting, the sub -committee recommended to forward the proposal to full
council; and
WHEREAS, the City Council has determined that it is in the best interest of
the City to approve the $67,000 grant request from Yakima Valley Partners Habitat for
Humanity for the construction of two (2) new homes, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. A grant of $67,000 in HOME funds to Yakima Valley Partners Habitat for
Humanity to construct two (2) new single-family homes is hereby approved
with the following conditions:
• Execution of a formal grant agreement between the City of Yakima and
Yakima Valley Partners Habitat for Humanity.
• Yakima Valley Partners Habitat for Humanity will inform Neighborhood
businesses and residents about their plans for the project, and invite
public comment.
2. The City Manager is hereby authorized and directed to execute all necessary
grant documents with Yakima Valley Partners Habitat for Humanity. The final
form of these documents shall be reviewed and approved by the City
Attorney.
ADOPTED BY THE CITY COUNCIL this 7th day of September, 2004.
ATTEST:
Paul George, Mayor
City Clerk
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Yakima Valley Partners Habitat for Humanity
(hereinafter "Contractor")
2. Address: P 0 Box 9007, Yakima, WA 98909
3. Phone: (509) 453-8077
4. Contact Person: Michael R. Nixon
5. Title of Service or Program being Funded: Construction of Two 3 or 4 -bedroom houses
6. Amount of Contract Award: $ 67,000 (HOME)
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight December 31, 2004unless sooner terminated by either party in accordance with
Section XXII of incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed 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.R-2004-139, 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 WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
Date
9/ S/ C.)14C ntractor L - L ate
Title:
ATTEST: jalts
City Clerk
City Contract No.: o?ao,y ioy
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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 $ 67.000 for said project.
III 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.
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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.
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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
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Contractor to furnish data, information and assistance for the City's
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 service(s) 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 all provisions of Section 504 of the HEW Rehabilitation
Act of 1973 prohibiting discrimination against handicapped individuals either through
purpose or intent.
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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
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 all 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,
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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
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 shall 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
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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
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'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 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.
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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 contractors 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:
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1. The lack of compliance with the provisions of this Contract are of such scope
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
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Contract, and in addition, will cooperate in a program audit by the City of
Yakima or its designee.
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:
11 of 13 09-08-04
1. Appropriate provisions of state and federal statutes and regulations including HUD
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. R-2004-139 (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 return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
12 of 13 09-08-04
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
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 09-08-04
EXHIBIT "B"
PROJECT DESCRIPTION
1. APPLICANT
Name of Applicant Organization: Yakima Valley Partners Habitat for Humanity
Address: PO Box 9007
Yakima, WA 98909-0007
Telephone Number:
Contact Person:
Position with Organization:
509-453-8077
Michael R. Nixon
Executive Director
2. LOCATION OF PROPOSED PROJECT: (Provide Map Identifying Location)
Address: 814 S 8th Street, Yakima, WA 98901
City Target Neighborhood: Southeast Yakima
3. SITE CONTROL: (Provide Copies of Site Control Documents)
Owned Under Option X No Site Control
4. SITE OCCUPANCY:
Are there currently buildings on the site:
Are the buildings occupied?
Yes
X
No
Yes No
# of occupied apartments # of commercial tenants
# of tenants to be displaced by project implementation:
Families 0 Commercial Tenants 0
X
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
2
5. DESCRIPTION OF PROPOSED PROJECT:
a. Multi -Family
b. Rental
c. Efficiency
Single -Family
Sales
1 Bedroom (12 Bedroom
2
2
Single Room Occupancy n
Lease/Purchase
X
3 Bedroom or X 4 Bedroom
6. ZONING:
Current zoning of site: R-1 (Single Families)
Does current zoning permit proposed use? Yes X No
7. NATURE OF PROPOSED PROJECT:
Rehabilitation
8. NUMBER OF HOUSING UNITS:
Total number of apartments 0 Total number of Single -Family Homes 2
New Construction
X
Total number of SRO Rooms 0
Number of units reserved for
HOME families at 60% to 80% of median income
Number of units reserved for
HOME families at 50% to 60% of median income
Number of units reserved for
HOME families at 50% of median income
0
0
0
(at least 20% of HOME assisted units)
Number of units reserved for
HOME families at 25%-50% of median income 2
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
3
9. PROGRAM NARRATIVE DESCRIPTION AND TARGET NEIGHBORHOOD
RESIDENT INVOLVEMENT [(describe in detail) use additional sheets if necessary]
The project involves acquisition of a double size lot suitable for division to provide for two 3 or
4 bedroom houses to be constructed by Yakima Valley Partners Habitat for Humanity. The
targeted property is at 814 S 8th Street and consisted of a double lot with one concrete block two-
bedroom house on one half of the property and a second half of the property that is vacant and
suitable for separation into a second lot. Actual construction of the homes will take place in the
spring of 2005. Currently we are negotiating with a Yakima area service club to be the primary
sponsors for the two -house development.
The specific project that this application refers to is typical of the normal Yakima Valley
Partners Habitat for Humanity process detailed below.
Volunteers account for a majority of all labor needed on a Habitat job site. Volunteers for these
projects will be comprised of people from local churches and civic organizations as well as
individuals from the immediate neighborhood. Their involvement will be in all areas of the
organization including: committee work, job site volunteers and office assistants.
Yakima Valley Partners - Habitat for Humanity is a non-profit, non -denominational, Christian
housing organization that builds homes in partnership with qualified low-income families in the
Yakima Valley. Our families' income is within 25-50% of the median income for families in
Yakima County. We charge no profit for construction, and no interest on the mortgage. This
approach makes decent, affordable housing a reality for many families.
Yakima Valley Partners Affiliate is comprised of an Affiliate Board of Directors that governs the
board.
Millard and Linda Fuller founded Habitat for Humanity International in 1976. In the past 28
years, HFHI has completed over 150,000 homes in 93 different countries around the world.
Founded in 1986, Yakima Valley Partners Habitat for Humanity has completed 100 new homes
during its first 19 year. Those 100 homes represent nearly 600 individual family members whose
lives have been changed through this partnership. Also, nearly 1,000 volunteers, both locally and
from all over the nation, work on YVP-HFH home each year.
Those 100 homes also represent over $7,500,000 of additional property value added to the local
tax rolls. This is yet another way Habitat for Humanity has aided in stimulating the local
economy.
How It Works
Each year our Board of Directors determines where and how many homes we will be able to
build the following year. This is based on budget and land availability in the different
communities.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
4
We then advertise an application meeting for those who would like to apply for a Habitat for
Humanity home. At this meeting we explain the process and the Family Selection Criterion. It is
as follows:
1. Ability to Repay:
Although YVP-HFH charges no profit in the construction of the home, and no interest on
the mortgage we hold, the families are responsible for repayment of the actual cost of material,
supervision, land and overhead of the project. The mortgage payment, which includes the
principal, taxes and insurance, is often less than the family is currently paying in rent. The
mortgage money that is repaid revolves into the construction of additional homes. This makes
Habitat for Humanity a self-perpetuating home ownership program. Qualified families earn
between 25% and 50% of the median area income.
2. Willingness to Partner:
The chosen family must be willing to invest at least 500 hours of "sweat equity" into their
home, or other Habitat homes. They must also attend home ownership classes that are sponsored
by YVP-HFH. These classes cover topics such as, home ownership responsibilities, home
maintenance, financial planning, etc.
3. Current Living Conditions:
The current living conditions of a family must create a burden in at least one of the
following areas:
Health and Safety
Over Crowding
Financial Hardship
A follow-up meeting is held two weeks later at the same time and location. At this meeting the
applications are returned and reviewed for completeness. The applications then go to the Family
Nominating Committee for verification of the family selection criteria. When this is complete
the families are presented to the Affiliate Board of Directors for approval.
Funding
The majority of funding for YVP-HFH projects is from foundations, local businesses, churches
and individuals. Government grants, when available, are used for land acquisition, infrastructure
(sewer, water, etc.), and administration.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Applicauon
5
PROJECT FINANCIAL INFORMATION
10. PROJECT FINANCING:
Total Cost:
$ 242,010
CHDO request:
$ 67,000
Other financing:
$ 175,010
CHDO request as % of total cost 27.7
%
Total Cost/Unit
$ 121,005 (including finance costs)
Source of Loan: Yakima Federal Savings and Loan
Banner Bank
Commitment Status:
CHDO Cost/Unit
$ 33,500
CHDO request from the City: Loan:$
Grant Amount:
$
Grant:$ 67,000
Funds to be returned to the City: Yes
❑
No X
If yes, amount to be
returned to the City: $
or $ per unit
11. NON-CHDO FINANCING TERMS:
Total Amount:
$175,010
Cash by Applicant: (provide signed
commitment of funds, with statement of
source)
$ 85,010
Loan Amount:
$ 45,000 Yakima Federal
$ 45,000 Banner Bank
Interest Rate:
$ 5.00%
$ 5.00%
Term:
15 Years — Yakima Federal
20 Years — Banner Bank
$ 90,000 Total
Source of Loan: Yakima Federal Savings and Loan
Banner Bank
Commitment Status:
Source of Funds Contact Person: Yakima Federal — Buddy Cluck
Banner Bank — Loren Dixon
Telephone Number: Buddy Cluck — (509) 248-2648
Loren Dixon — (503) 684-2309
Grant Amount:
$
Source of Grant:
Commitment Status:
Source of Funds Contact Person:
t �ry or Yakuna
Office of Neighborhood Development Services
2004 CHDO Application
6
PROJECT COSTS (1)
ACQUISITION:
TOTAL COST:
COST/UNIT:
Land
Land and Existing Building
67,000
33,500
Title and Recording
3,000
1,500
Other: (specify)
HARD COST:
Demolition
4,000
2,000
Site Work
3,000
1,500
Rehabilitation
Construction
114,000
57,000
Other (specify) Building
Permits, Water/Sewer Hookup
4,720
2,360
RELOCATION:
0
SOFT COSTS:
Legal Fees
0
Survey
0
Architect Design Fee
0
Architect Inspection Fee
0
Engineering Fees
0
Appraiser
300
150
Accounting
0
Other Professional Fees
Insurance
Marketing
FINANCING COSTS:
Credit Report
Loan Origination Fee
Points
Legal
Other: Prepaid Interest
46,000
23,000
RESERVES:
Rent Up Reserve
Operation Reserve
Maintenance Reserve
Replacement Reserve
DEVELOPER FEES:
TOTAL PROJECT COST:
242,020
121,010
(1) Please note: The above analysis does not include operating funds.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
7
Income:
Sales price per unit
# of Units: 2
Gross Income:
CASH FLOW
SALES PROJECTS
$ 80,000
$ 160,000
Expenses:
Marketing $
Financing $
Other (specify) $
0
0
0
Total Expenses: $ 242,010
Net Income for Sales: $ (82,010)
Proposed Terms of Sale to First -Time Homebuyers: (loan, grant, forgivable loan,
combination, interest rate loan, term of loan)
Yakima Valley Partners Habitat for Humanity charges no profit in the construction of the home
and charges zero interest on the mortgage we hold, but the home owner is responsible for the full
repayment of the actual cost of the project. Actual cost is defined as subsidized land cost,
infrastructure, supervision, administration and overhead. The mortgage is secured with two
Promissory Notes. The First Promissory Note secures the actual sale price to the family that
includes the items stated above. The Second Promissory Note secures the difference between the
sale price and the appraised value of the home at the time of sale. The Second Promissory Note
is a forgivable loan that is reduced by five percent per year for the twenty-year term of the
mortgage. If the homeowner should sell, convey or refinance, the Second Promissory Note
becomes due. Yakima Valley Partners Habitat for Humanity has the Right of First Refusal
should the homeowner decide to sell.
If CHDO funding will be transferred to First -Time Homebuyer as a loan:
Annual Income from CHDO Loans: $ 8,000
(include both interest and principal)
Proposed use of Annual Income from Loans: (add extra pages if needed)
All funds returned to Yakima Valley Partners Habitat for Humanity in the form of
mortgage payments revolve into the construction of other low-income housing.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
8
Services in Addition to Housing: (add extra pages if needed)
Describe the services in addition to housing, to be provided to project residents by the CHDO:
Zero Profit on the Sale
Zero Interest on the Mortgage
Self -Help Opportunity (500 hours of "sweat equity")
Home Owner Classes
Home Maintenance
Legal Aspects of Home Ownership
Budgeting
Assimilation into the Community
Bi -annual Homeowner Meetings
Monthly Furniture Sales of donated home furnishings
After sales Home Owner Consultations
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
9
PROJECT SCHEDULE
ACTION: Target Date in Months from Project Approval:
Site:
Option
Acquisition
NON-CHDO Financing:
Application
Conditional Commitment
Firm Commitment
Design:
Selection of Architect
Preliminary Designs
Final Designs
Bidding:
Advertise
Open Bids
Award Bids
Construction:
Begin Construction
Complete Construction
Rent Up/Sell
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
Completed
September 30, 2004
Pre -approved Loan Funding
December 10, 2004
Completed
Completed
All Designs are on file in our office
N/A
N/A
No bids awarded. All work is done by staff and volunteers
12/15/04
05/31/05
05/31/06
10
PROJECT DEVELOPMENT TEAM
The following companies or individuals constitute the development team. Where individual
members have not yet been identified, the City must be notified as they are selected.
Staff Contact Person: Michael R. Nixon
Consultant:
Attorney: Bryan Myre
Architect:
Engineer:
Appraiser:
Other Financial Sources: Yakima Federal Savings and Loan, Buddy Cluck, CRO;
Banner Bank, Loren Dixon, CRA
Other (specify): Building Committee: Eric Miller, Chairman; David Picatti, Engineer; Scott
Gust, Contractor; Ben Greco; John Wind; Ron Anderson, Realtor
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
11
CERTIFICATION
I hereby certify that the above statements are true; that I am authorized to sign this application
and to make these statements, on behalf of the applicant organization; and that the organization
understands that misrepresentation of any facts which leads to the improper allocation and
expenditure of public funds may result in legal action against the organization for retrieval or any
such funds and appropriate penalties
Signed:
August 11, 2004
Signature Date
Michael R. Nixon
Name
Executive Director
Title
Yakima Valley Partners Habitat for Humanity
Organization
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
12
EXHIBIT "C"
CERTIFICATION
I hereby certify that the above statements are true; that I am authorized to sign this application
and to make these statements, on behalf of the applicant organization; and that the organization
understands that misrepresentation of any facts which leads to the improper allocation and
expenditure of public funds may result in legal action against the organization for retrieval or any
such funds and appropriate penalties
Signed:
August 11, 2004
Signature Date
Michael R. Nixon
Name
Executive Director
Title
Yakima Valley Partners Habitat for Humanity
Organization
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
12
City of Yakima
Office of Neighborhood Development Services
(ONDS)
Community Housing Development
Organizations
(CHDO)
Project Application
PROJECT DESCRIPTION
1. APPLICANT
Name of Applicant Organization: Yakima Valley Partners Habitat for Humanity
Address: PO Box 9007
Yakima, WA 98909-0007
Telephone Number:
Contact Person:
Position with Organization:
509-453-8077
Michael R. Nixon
Executive Director
2. LOCATION OF PROPOSED PROJECT: (Provide Map Identifying Location)
Address: 814 S 8th Street, Yakima, WA 98901
City Target Neighborhood: Southeast Yakima
3. SITE CONTROL: (Provide Copies of Site Control Documents)
Owned I I Under Option X No Site Control
4. SITE OCCUPANCY:
Are there currently buildings on the site:
Yes l l No
Are the buildings occupied? Yes No
# of occupied apartments # of commercial tenants
# of tenants to be displaced by project implementation:
Families 0
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
2
X
Commercial Tenants 0
5. DESCRIPTION OF PROPOSED PROJECT:
a. Multi -Family
Single -Family
b. Rental n Sales
2
2
c. Efficiency Ll Bedroom (T2 Bedroom
6. ZONING:
Current zoning of site: R-1 (Single Families)
Does current zoning permit proposed use?
7. NATURE OF PROPOSED PROJECT:
Rehabilitation
• Single Room Occupancy [j
Lease/Purchase
X
3 Bedroom or
Yes
X
New Construction
n
X
No
X
4 Bedroom
8. NUMBER OF HOUSING UNITS:
Total number of apartments 0 Total number of Single -Family Homes 2
Total number of SRO Rooms 0
Number of units reserved for
HOME families at 60% to 80% of median income 0
Number of units reserved for
HOME families at 50% to 60% of median income
Number of units reserved for
HOME families at 50% of median income
0
0
(at least 20% of HOME assisted units)
Number of units reserved for
HOME families at 25%-50% of median income 2
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
3
9. PROGRAM NARRATIVE DESCRIPTION AND TARGET NEIGHBORHOOD
RESIDENT INVOLVEMENT [(describe in detail) use additional sheets if necessary]
The project involves acquisition of a double size lot suitable for division to provide for two 3 or
4 bedroom houses to be constructed by Yakima Valley Partners Habitat for Humanity. The
targeted property is at 814 S 8th Street and consisted of a double lot with one concrete block two-
bedroom house on one half of the property and a second half of the property that is vacant and
suitable for separation into a second lot. Actual construction of the homes will take place in the
spring of 2005. Currently we are negotiating with a Yakima area service club to be the primary
sponsors for the two -house development.
The specific project that this application refers to is typical of the normal Yakima Valley
Partners Habitat for Humanity process detailed below.
Volunteers account for a majority of all labor needed on a Habitat job site. Volunteers for these
projects will be comprised of people from local churches and civic organizations as well as
individuals from the immediate neighborhood. Their involvement will be in all areas of the
organization including: committee work, job site volunteers and office assistants.
Yakima Valley Partners - Habitat for Humanity is a non-profit, non -denominational, Christian
housing organization that builds homes in partnership with qualified low-income families in the
Yakima Valley. Our families' income is within 25-50% of the median income for families in
Yakima County. We charge no profit for construction, and no interest on the mortgage. This
approach makes decent, affordable housing a reality for many families.
Yakima Valley Partners Affiliate is comprised of an Affiliate Board of Directors that governs the
board.
Millard and Linda Fuller founded Habitat for Humanity International in 1976. In the past 28
years, HFHI has completed over 150,000 homes in 93 different countries around the world.
Founded in 1986, Yakima Valley Partners Habitat for Humanity has completed 100 new homes
during its first 19 year. Those 100 homes represent nearly 600 individual family members whose
lives have been changed through this partnership. Also, nearly 1,000 volunteers, both locally and
from all over the nation, work on YVP-HFH home each year.
Those 100 homes also represent over $7,500,000 of additional property value added to the local
tax rolls. This is yet another way Habitat for Humanity has aided in stimulating the local
economy.
How It Works
Each year our Board of Directors determines where and how many homes we will be able to
build the following year. This is based on budget and land availability in the different
communities.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
4
We then advertise an application meeting for those who would like to apply for a Habitat for
Humanity home. At this meeting we explain the process and the Family Selection Criterion. It is
as follows:
1. Ability to Repay:
Although YVP-HFH charges no profit in the construction of the home, and no interest on
the mortgage we hold, the families are responsible for repayment of the actual cost of material,
supervision, land and overhead of the project. The mortgage payment, which includes the
principal, taxes and insurance, is often less than the family is currently paying in rent. The
mortgage money that is repaid revolves into the construction of additional homes. This makes
Habitat for Humanity a self-perpetuating home ownership program. Qualified families earn
between 25% and 50% of the median area income.
2. Willingness to Partner:
The chosen family must be willing to invest at least 500 hours of "sweat equity" into their
home, or other Habitat homes. They must also attend home ownership classes that are sponsored
by YVP-HFH. These classes cover topics such as, home ownership responsibilities, home
maintenance, financial planning, etc.
3. Current Living Conditions:
The current living conditions of a family must create a burden in at least one of the
following areas:
Health and Safety
Over Crowding
Financial Hardship
A follow-up meeting is held two weeks later at the same time and location. At this meeting the
applications are returned and reviewed for completeness. The applications then go to the Family
Nominating Committee for verification of the family selection criteria. When this is complete
the families are presented to the Affiliate Board of Directors for approval.
Funding
The majority of funding for YVP-HFH projects is from foundations, local businesses, churches
and individuals. Government grants, when available, are used for land acquisition, infrastructure
(sewer, water, etc.), and administration.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
5
PROJECT FINANCIAL INFORMATION
10. PROJECT FINANCING:
Total Cost:
$ 242,010
CHDO request:
$ 67,000
Other financing:
$ 175,010
CHDO request as % of total cost 27.7 %
Total Cost/Unit
$ 121,005 (including finance costs)
CHDO Cost/Unit
$ 33,500
CHDO request from the City: Loan:$ Grant:$ 67,000
Funds to be returned to the City: Yes ❑
Source of Funds Contact Person: Yakima Federal — Buddy Cluck
Banner Bank — Loren Dixon
Telephone Number: Buddy Cluck — (509) 248-2648
Loren Dixon — (503) 684-2309
No x
If yes, amount to be
returned to the City: $ or $ per unit
11. NON-CHDO FINANCING TERMS:
Total Amount:
$175,010
Cash by Applicant: (provide signed
commitment of funds, with statement of
source)
$ 85,010
Loan Amount:
$ 45,000 Yakima Federal
$ 45,000 Banner Bank
Interest Rate:
$ 5.00%
$ 5.00%
Term:
15 Years — Yakima Federal
20 Years — Banner Bank
$ 90,000 Total
Source of Loan: Yakima Federal Savings and Loan
Banner Bank
Commitment Status:
Source of Funds Contact Person: Yakima Federal — Buddy Cluck
Banner Bank — Loren Dixon
Telephone Number: Buddy Cluck — (509) 248-2648
Loren Dixon — (503) 684-2309
Grant Amount:
$
Source of Grant:
Commitment Status:
Source of Funds Contact Person:
n:._. _cv''-:--
Office of Neighborhood Development Services
2004 CHDO Application
6
PROJECT COSTS (1)
ACQUISTITON:
TOTAL COST:
, COST/UNIT:
Land
Land and Existing Building
67,000
33,500
Title and Recording
3,000
1,500
Other: (specify)
HARD COST:
Demolition
4,000
2,000
Site Work
3,000
1,500
Rehabilitation
Construction
114,000
57,000
Other (specify) Building
Permits, Water/Sewer Hookup
4,720
2,360
RELOCATION:
0
SOFT COSTS:
Legal Fees
0
Survey
0
Architect Design Fee
0
Architect Inspection Fee
0
Engineering Fees
0
Appraiser
300
150
Accounting
0
Other Professional Fees
Insurance
Marketing
FINANCING COSTS:
Credit Report
Loan Origination Fee
Points
Legal
Other: Prepaid Interest
46,000
23,000
RESERVES:
Rent Up Reserve
Operation Reserve
Maintenance Reserve
Replacement Reserve
DEVELOPER FEES:
TOTAL PROJECT COST:
242,020
121,010
(1) Please note: The above analysis does not include operating funds.
City of Yalama
Office of Neighborhood Development Services
2004 CHDO Application
7
Income:
Sales price per unit
# of Units: 2
Gross Income:
CASH FLOW
SALES PROJECTS
$ 80,000 •
$ 160,000
Expenses: -
Marketing $
Financing $
Other (specify) $
0
0
0
Total Expenses: $ 242,010
Net Income for Sales: $ (82,010)
Proposed Terms of Sale to First -Time Homebuyers: (loan, grant, forgivable loan,
combination, interest rate loan, term of loan)
Yakima Valley Partners Habitat for Humanity charges no profit in the construction of the home
and charges zero interest on the mortgage we hold, but the home owner is responsible for the full
repayment of the actual cost of the project. Actual cost is defined as subsidized land cost,
infrastructure, supervision, administration and overhead. The mortgage is secured with two
Promissory Notes. The First Promissory Note secures the actual sale price to the family that
includes the items stated above. The Second Promissory Note secures the difference between the
sale price and the appraised value of the home at the time of sale. The Second Promissory Note
is a forgivable loan that is reduced by five percent per year for the twenty-year term of the
mortgage. If the homeowner should sell, convey or refinance, the Second Promissory Note
becomes due. Yakima Valley Partners Habitat for Humanity has the Right of First Refusal
should the homeowner decide to sell.
If CHDO funding will be transferred to First -Time Homebuyer as a loan:
Annual Income from CHDO Loans: $ 8,000
(include both interest and principal)
Proposed use of Annual Income from Loans: (add extra pages if needed)
All funds retumed to Yakima Valley Partners Habitat for Humanity in the form of
mortgage payments revolve into the construction of other low-income housing.
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
8
Services in Addition to Housing: (add extra pages if needed)
Describe the services in addition to housing, to be provided to project residents by the CHDO:
Zero Profit on the Sale
Zero Interest on the Mortgage
Self -Help Opportunity (500 hours of "sweat equity")
Home Owner Classes
Home Maintenance
Legal Aspects of Home Ownership
Budgeting
Assimilation into the Community
Bi -annual Homeowner Meetings
Monthly Furniture Sales of donated home furnishings
After sales Home Owner Consultations
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
9
PROJECT SCHEDULE
ACTION: Target Date in .Months from Project Approval:
Site:
Option
Acquisition
NON-CHDO Financing:
Application
Conditional Commitment
Firm Commitment
Design:
Selection of Architect
Preliminary Designs
Final Designs
Bidding:
Advertise
Open Bids
Award Bids
Construction:
Begin Construction
Complete Construction
Rent Up/Sell
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
Completed
September 30, 2004
Pre -approved Loan Funding
December 10, 2004
Completed
Completed
All Designs are on file in our office
N/A
N/A
No bids awarded. All work is done by staff and volunteers
12/15/04
05/31/05
05/31/06
10
PROJECT DEVELOPMENT TEAM
The following companies or individuals constitute the development team. Where individual
members have not yet been identified, the City must be notified as they are selected.
Staff Contact Person: Michael R. Nixon
Consultant:
Attorney: Bryan Myre
Architect:
Engineer:
Appraiser:
Other Financial Sources: Yakima Federal Savings and Loan, Buddy Cluck, CRO;
Banner Bank, Loren Dixon, CRA
Other (specify): Building Committee: Eric Miller, Chairman; David Picatti, Engineer; Scott
Gust, Contractor; Ben Greco; John Wind; Ron Anderson, Realtor
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
11
CERTIFICATION
I hereby certify that the above statements are true; that I am authorized to sign this application
and to make these statements, on behalf of the applicant organization; and that the organization
understands that misrepresentation of any facts which leads to the improper allocation and
expenditure of public funds may result in legal action against the organization for retrieval or any
such funds and appropriate penalties
Signed:
2
August 11, 2004
Signature Date
Michael R. Nixon
Name
Executive Director
Title
Yakima Valley Partners Habitat for Humanity
Organization
City of Yakima
Office of Neighborhood Development Services
2004 CHDO Application
12
YAKJMA, WA Map
Themes
F City Limits
E Contours
r Critical Areas
f Floodplains
E Parcel Text
1- Plan 2015
F Relief Map
I— Urban Areas ME
E Zoning
None
a 4 f10` 1410e44 •
Choose Location to:
r Zoom in r Zoom Out r Pan r Identify
Grandview Granger Harrah Moxee Naches Selah Sunnvside Tieton Toppenish UnionGap Wapalo Yakima Zill
Refresh 1
Parcel Number: 19131944425
Situs Address: 814 S 8th St
Owner Name: Carl & Arizona Falls
Misc Codes: 333-TCA/Levy
Assessed Values: 36400 -improvement value 15000 -land
Parcel Size:
Characteristics: FAIR -quality 1967 -year effective 1 -stories
824sqft-Main floor
UAZO Zoning: R-1 - Single -Family Residential
Plan 2015: Urban (City Limits)
Urban Growth Area: Urban Growth Area Plan
Jurisdiction: Yakima
Floodplain: Floodplain data not available
Critical Areas:
http: //www. pan. co. yakima. wa. us/scripts/esrimap. dl l?name=YakgisH&THM=CL &THM=R... 08/11/04
REAL ESTATE PURCHASE AND SALE AGREEMENT (Residential)
(WITH EARNEST MONEY PROVISION)
THIS ISA LEGALLY BINDING CONTRACT, READ BOTH FRONT AND BACK CAREFULLY BEFORE SIGNING.
�/ sotto of �IA6i,k, A%w rDl..l
The undersigned Purchaser r •�4't M -A t"t'L£ y t��a�r ti S t; om. r �: �U y ,},LL.t : . T./ agrees to purchase
and the undersigned Seller agrees to sell. on the following terms. the real estate commonly known asV""‘t
v , / S v t -+t•
Street in the City of l County, State of L (L J I%.
legal description must be inserted prior to execution by parties):
legally described as (full and complete
_J
,7-104 : '-or "7 f ISL L . 159
5e tt�a-c{ `
1. PURCHASE PRICE. ThetotalPPurcS t Jew-. -i�.a�,^4hase price is c.-r.� ,^4V,
Dollars (S (GS 7 VO U ) payable as follows:
4 o' lora- rt- ca,s-b a r. ed b2&w c--
2. FINANCING. The offer 1 is 'Js is not. conditioned upon Purchaser obtaining a purchase loan. 0 it is. this agreement shall he null and void unless on or before
Purchaser obtains Lender's approval Fora. conventional " FHA !'i VA loan of not less than 5 payable over
not less than years. (IF FHA OR VA ARE CHECKED, THE FHANA PROVISIONS ON THE REVERSE SIDE HEREOF ARE PART OF THIS AGREEMENT.) Purchaser agrees
to pay the credit report and appraisal charges.
2t3len-a3•��f
3. CONTINGENCIES. This agreement is conditioned on: ! sale of Purchaser's present bora at St.
4c other. sot e- a. � cd
an or before
4. CONDm0NOFTITLE.Titletotheproperyistobefreeofallencunbrancesordefects,exceptasnotedinparagraph8below,andexceptfor
Rights reserved in federal patents or state deeds: building or use
restrictions general to the area. other than platting and subdivision requirements utility easements; other easements not inconsistent with Purchaser's intended use: and reserved
oil and/or mineral rights; shall not be deemed encumbrances or defects. Encumbrances to be discharged by Seller shall be paid from the purchase money at the date of closing,
including any Venable association or condominium dues. charges or assessments.
5. UTELTTIES, Seller warrants that the property is connected to a: 1"' public water main well yt public sewer main L septic tank ' None of the foregoing.
(IF WELL OR SEPTIC TANK ARE CHECIOED. THE WELL OR SEPTIC TANK PROVISIONS ON THE REVERSE SIDE HEREOF ARE PART OF THIS AGREEMENT.)'
G. LEASED FIXTURES AND CONSTRUCTION. THE FOLLOWING FIXTURES ARE LEASED: _I! furnace i gas conversion burner hot water heater
These leased fixtures are included it the sale and the SELLER AGREES TO ACQUIRE TITLE
TO THE SAME PRIOR TO CLOSING. If this sale involves new construction. F.T.C. regulations require disclosure of the following:
Wall insulation type thickness R -value
Ceiling insulation: type thickness R -value
Other insulation:
_' Nat yet selected but Seller shall furnish Purchaser with this information in writing promptly.
7. CLOSING OF SALE. This sale shall be dosed on or before Sa9l"'t ^"-6'^ 0 , Z:A`4 Notwithstanding the foregoing date. if paragraph 3 above ('Contingencies") is
applicable, and is met or waived riLoi
or to the fpregoing date. then s sale shall„be closed within 90 days after itis met or waived.
This sale shall be dosed by I -u r 7'r M M2J r c I , k L- ' .,y -,w.,, or such other Closing Agent
as Purchaser shall designate. Purchaser and Seller will. immediately on demand. deposit t4ith Closing Agent all instruments and monies required to complete the purchase in
accordance with this Agreement.
a. CLOSING COSTS & PRO -RATION. Seller and Purchaser shall each pay one-half of escrow fee unless this sale is FHA or VA financed, in which case the appropriate party according
to FHAIVA regulations shall pay the same. Seller shall pay real estate excise tax and revenue stamps. Taxes for the current year. insurance acceptable to the Purchaser, rents. interest.
mortgage reserves. and water and other utilities constituting liens. shall be pro -rated as of dosing. Purchaser agrees to pay for remaining oil in fuel tank provided that. prior to dosing,
Seller obtains a written statement as to the quantity and price thereof from the supplier.
Seller isxis not a "foreign person" subject to tax withholding pursuant to Foreign Investment In Real Property Tax Act.
9. POSSESSION. Purchaser shall be entitled to possession on dosing:
"Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller.
10. DEFAULTANDREFUND.Ifeither party defaults (that is. failure to perform the acts required of him) in his contractual performance herein. thenon-defaulting party may seek specific
performance pursuant to the terms of this agreement, damages, or rescission. lithe non -defaulting patty is the Purchaser and elects rescission only the earnest money deposit shall
be refunded upon demand less any charges required as initial loan fees attributable to Purchaser's financing. if the non -defaulting party is the Seller and the Purchaser has failed,
without legal excuse, to complete the purchase of the property. the Seller may elect forfeiture of the earnest money deposit as the sole and exclusive remedy available to the Seller
for such failure, and the earnest money deposit shall be paid to Seller in such event, upon demand. provided that the total earnest money forfeited shall not exceed five percent
of the purchase price.
Seller's initials Purchaser's initials
In the event of litigation or this agreement is otherwise placed with an attorney for action, then the prevailing patty shall be awarded all reasonable attorney's fees. litigation costs
and expenses. title report fees and other expenses incident to enforcement of rights hereunder. If financing is required. the parties agree to refund earnest money (less credit report
fee. appraisal fee, and other loan charges, if any) in the event financing contemplated by the Purchaser is not obtainable.
if financing is required, the parties agree to refund earnest money (less credit report fee. appraisal fee. and other loan charges. if any) in the event financing contemplated by the
purchaser is not obtainable
11. SPECIAL PROVISIONS. In addition to FHA/VA or CONTINGENCY Provisions, if called for above, THE FOLLOWING PROVISIONS ON THE REVERSE SIDE HEREOF ARE PART
OF THIS AGREEMENT: INSPECTIONS: INCLUDED ITEMS; TITLE INSURANCE; CONVEYANCING: GENERAL PROVISIONS: CASUALTY; UNDERLYING FINANCING.
12. AGENCY DISCLOSURE At the signing of this agreement. the selling agent » (Hama of agent).
represented
(name of party): and the listing agent
(name of agent). represented
(name of party). Each party signing this document confirms that. pursuant to R.C.W.16.86.03o(1)(g), prior oral and/or written disclosure of agency was provided to him/her itt this
transaction.
13. MONEY RE . Undersigned acknowledges receipt from Purchaser of 5 I C 00 in the form of t� cash C personal check cashier's check
+10 0' rt% (j tirrk Z. ,.2.co 1- as earnest money in partial payment of the purchase price to be held in selling
agent'spooledtrustaccountwithout mtetesttaPurchaser_Iother
Agent Company By
14. AGREEMENT TO PURCHASE - AND TIME LIMIT FOR ACCEPTANCE. Purchaser offers to purchase the property on the terms and conditions noted herein and acknowledges
that he has read all terms and conditions above and on the reverse side hereof. Seller shall have until midnight of to accept this offer by
delivering a si '1 copy hereof to the Purchaser or Agent If this offer is not so accepted, it shall lapse and the Seller or Agent shall refund the earnest money to the Purchaser.
ZSOO s ?� Are- -.(6..)G.-tu. LuPt QR03
PUR %..`l 4,..:,_+-\ ‘JAL -1..i7 1'41' s b�2 Es PURCHASER's ADDRESS
f ' 1 3 •-• g+07 7
HOME
PURCHASEROFFICE "��
PURCHASER'S PHONE
15. SELLER'S ACCEPTANCE AND AGENT'S AGREEMENT. Seller agrees to sell the property on the terms and conditions specified herein and further agrees to pay a commission of
N
Dollars
(5 ) to the agent for services rendered. Seller ackpowledges a receipt of a copy of this agreement. signed by both parties. having read the terms and
conditions above and on the reverse side hereof. Dated: '51 -/ 0 * C'
-
SELLER n / \. n SELLER'S ADDRESS
'IY r /—'J lC/�/ /� HOME q OctS n 6e 1.t cE
SELLER SELLER'S PHONE
''. .. ... 7..5.37
16. PURCHASER «ah• . P r ackn es receipt of a Seller signed copy of this agreement on OsE fin
11PURCHASER 1 PURCHASER
Date: August 10, 2004
Addendum to Purchase and Sale Agreement
814 S 8th Street
Contingencies:
1. This offer is contingent upon funding approval from the City of Yakima's Office
of Neighborhood Development for site acquisition and site improvements.
chael R Nixon, Executive Director Date
Yakima Valley Partners Habitat for Humanity
Carl Falls Date
(4a,e,(,a)
Arizona Falls Date
Property Address:
814 S. 8TH ST.
YAKIMA, WA 98901
Appraisal Prepared For:
CITY OF YAKJKA/ONDS
112 S. 8TH ST., YAKIMA, WA 98901
Prepared As Of:
05/26/04
Prepared By:
JOHN F. TIMM, IFAS
1024 S. 2ND AVE., YAKIMA, WA 98902
(509) 248-2609
This form was reproduced by United Systems Software Company (800) 969-8727
File No. 2004277 Page #2
File No. 2004277 Page #3
06-04-04
Western Appraisers, Inc.
1024 S. 2nd Avenue
Yakima, WA 98902
Attention: CITY OF YAKIMA/ONDS
112 S. 8TH ST.
YAKIMA, WA 98901
Dear CITY OF YAKIMA/ONDS:
In accordance with your request, I have personally inspected and appraised the real property located at:
814 S. 8TH ST.
YAKIMA, WA 98901
The purpose of the appraisal was to estimate the market value of the property, as improved, in fee simple,
unencumbered by liens. A legal description of the property will be found herein.
In my opinion, the estimated market value of the property, as of 05-26-04, is: $71,500.
The attached report contains the description, analysis and supportive data for the conclusions and final
estimate of value together with descriptive photographs.
as been a pleasur- to assist you; if I may be of further service to you in the future, please let me know.
OHN F. TIMM, IFAS
State Certification #1700335
Filename: 2004277
Designed by United Systems Software Company (800) 969-8727
PLAT MAP
File No, ?001277 _fagg 13
File No. 2004277
Borrower/Client _CARLFALLS-----'--- ----- — Address 814.S. 814.SL8TH_ST.--_—__-_—___---- --- -
State WA
Zip Code 98901
Designed by United Systems Software Company (800) 969-8727
BUSINESS OF THE CITY COUNCIL
YAKEVIA, WASHINGTON
AGENDA STATEMENT
Item No. if" 14
For Meeting of September 7, 2004
ITEM TUJ F: 2004 Community Housing Development Organization (CHDO) Request
SUBMITTED BY: Bill Cobabe, Office of Neighborhood Development Services Manager
CONTACT PERSON/TELEPHONE: Bill Cobabe, Neighborhood Development Manager
(575-6101)
SUMMARY EKPLANAIION: The City of Yakirna receives an annual allocation of HOME
Investment Partnership funds from the Federal goverrunent. HOME funds may only be used for
housing activities. This program requires that the City fowl partnerships with local housing
developers and providers. These organizations are known as Community Housing Development
Organizations (CHDO's). CHDO' s are entitled to receive at least 15% of a jurisdiction's allocated
federal HOME monies. HOME Program funds may be used by the CHDOs for housing
development, which is sponsored and/or owned by the CHDO. Eligible activities include
predevelopment costs and the acquisition, rehabilitation and new construction of rental housing,
homeownership, and rental assistance.
Yakima Valley Partners Habitat for Humanity is requesting a grant of $67,000 of HOME CHDO
funds from the 2004 Federal allocations to construct two (2) new single-family homes located in the
target area at 814 & 816 So. 8th Street, Yakima, Washington. The homes will be sold to qualified
low -to -moderate income families using sound and prudent underwriting criteria. This proposal was
discussed at a meeting of the City Council's Neighborhood Development Committee on August 19,
2004, and the committee recommended that this proposal be forwarded to the full Council for
approval. Approval of this resolution will authorize and direct the City Manager to execute a grant
agreement with Yakima Valley Partners Habitat for Humanity, which will include a project
description and a work plan with identification of funding sources.
Resolution X Ordinance Contract Other (Specify)
Funding Source 2004 HOME CHDO Funds
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends approval
BOARD/COIVMSSION RECOMMENDATION: Recommended for approval by the Council's
Neighborhood Development Committee.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO.2004-139