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HomeMy WebLinkAbout3-13-08-2c - Resolution - 03/13/2008RESOLUTION NO. 3- 1 -08 -2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE REAL ESTATE CONTRACT WITH THE BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC. WHEREAS, the City of College Station, Texas ( "City" hereinafter) has adopted the strategy of promoting revitalization andr edevelopment of challengeda real through the promotiona nd development of low -to- moderate income housing; WHEREAS, Bryan/College Station Habitat for Humanity, Inc., through its Methods of Operation as set forth in its Affiliate Covenant agreement between the local affiliate and Habitat for Humanity International, shares this common goal with the City; WHEREAS, the Cityh as previouslya cquiredr eal property, Lot 2, Blockl0 , McCulloch's Subdivision (1119 Georgia), College Station, Brazos County, Texas ( "Land" hereinafter) by means other than condemnation; WHEREAS, Bryan/College Station Habitat for Humanity, Inc., a non - profit corporation, has requestedt hat the City convey this propertyt o facilitate eache ntity's mutual objective of providing for the development of adequate, decent, safe, and sanitary low -to- moderate income housing for the City's citizens; WHEREAS, the City has determined that transfer of theL and to the Bryan/College Station Habitat for Humanity, Inc., will facilitate development of the Land into low -to- moderate income housing and thereby serves a valid public purpose; and WHEREAS, the City has determined that the Bryan/College Station Habitat for Humanity, Inc., is qualified to receive real property conveyances pursuant to LOCAL GOVERNMENT CODE H 272.001(g), 253.011 and applicable Department of Housing and Urban Development Regulations, 24 CFR 570.201 (a) & (b); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that the City is authorized to convey land to Bryan/College Station Habitat for Humanity, Inc., a non - profit corporation, for the development of low to moderate income housing. PART 2: That the City Council hereby approves the Real Estate contract with Bryan/College Station Habitat for Humanity, Inc. to convey Lot 2, Block 10, McCulloch's Subdivision (1119 Georgia). 30 RESOLUTION NO. 3- 13 -08 -2c Page 2 PART 3: That the City Manageri s hereby authorized to execute the Real Estate contract upon passage. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 13th day of March , A.D. 2008, ATTEST: APPROVED: City Secretary MAYOR APPROVED: 1�5jzv�� City Attorn 31 City Of College Station Real Estate Contract with Bryan/College Station Habitat for Humanity, Inc. This contract is made and entered into on this the 14''' day of March, 2008, by and between the CITY OF COLLEGE STATION ( "City" and/or "Grantor" hereinafter), a Home Rule Municipal Corporation incorporated under the laws of the State of Texas, and BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC. ( "Agency" and/or "Grantee" hereinafter), a Texas non -profit corporation. WHEREAS, the City has the objective of providing for the development of low-to- moderate- income housing for citizens of the City through its Economic and Community Development Department; WHEREAS, the Agency, through its Methods of Operation set forth in a separate agreement ( "Affiliate Covenant ") between the Agency and Habitat for Humanity International, shares this common goal with the City; WHEREAS, the City has previously acquired certain real property ( "Land" hereinafter, further identified herein below) by means other than condemnation; WHEREAS, the Agency has requested that the City convey said Land to the Agency to facilitate their mutual objective of providing for the development of adequate, decent, safe, and sanitary low - to-moderate- income housing for the City's citizens; WHEREAS, the City has determined that transfer of the Land to the Agency will facilitate development of the Land into low -to- moderate - income housing and thereby serves a valid public purpose; WHEREAS, the City has determined that the Agency is qualified to receive real property conveyance(s) pursuant to Local Government Code §272,001(g), Local Government Code §253.011, and applicable Department of Housing and Urban Development regulations; and WHEREAS, the City has determined that it is appropriate to convey title of the Land to the Agency to facilitate the development of adequate, decent, safe, and sanitary low-to- moderate- income housing for the City's citizens; NOW, THEREFORE, the City and the Agency for and in consideration of the covenants and promises as set forth herein, do agree as follows: Page 1 of 7 Contract No.: TERMS AND CONDITIONS: Article I — Conveyance(s) 1. For the consideration of ten dollars ($10) and the further covenants and promises contained herein, the City shall provide to the Agency a Special Warranty Deed conveying the following real property for the purposes described herein: 1.1. 1119 Georgia Street, College Station, Texas, herein referred to as the "Land ", being more particularly described by its legal description as follows: Lot Two (2), Block Ten (10), McCULLOCH ADDITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 362, Page 827, Deed Records, Brazos County, Texas. 2. The Agency acknowledges and agrees that said Special Warranty Deed shall contain the following reservations and/or exceptions, among others as may be deemed appropriate in the sole discretion of the City, from and to conveyance and warranty of the particular tract listed above: 2.1. This conveyance is conditioned on the construction of a dwelling meeting the specifications in paragraph 4.3 of this agreement, and HUD approved requirements on the property within eighteen (18) months from date of this deed. If GRANTEE does not complete construction of such dwelling in the time period allotted, GRANTOR shall have an automatic reversion of GRANTOR's interest. It is further conditioned on and Agency agrees that such dwelling shall provide low -to- moderate - income housing and thereby serves a valid public purpose. 2.2 The Agency shall facilitate development of the land into low -to- moderate - income housing. If the Agency at any time fails to use the property for development of low -to- moderate - income housing, ownership of the property automatically reverts to the City. 3. The Agency agrees that any subsequent conveyance of the Land or any portion thereof by the Agency shall be by Special Warranty Deed, to provide housing for a low-to- moderate- income family. Article H — Construction of Dwelling Unit(s) 4. The Agency agrees to the following terms and conditions regarding construction of dwelling unit(s) on each tract of land described herein: 4.1. The Agency, having previously inspected the property to determine the feasibility of low -to- moderate - income dwelling development, will accept the conveyance of Page 2 of 7 Contract No.: the property and shall complete the construction of the dwelling unit not later than June 14, 2009 Failure to complete construction by the stated date shall constitute grounds, pursuant to this Contract, for the City to exercise its reversionary interest in the tract of land. 4.2 At Closing, the Agency shall dedicate, at no cost, a Blanket Utility Easement in the form attached hereto as Exhibit A. 4.3 The City's Economic and Community Development Department shall have final approval of design for the project. Exterior construction shall consist of a minimum of 25% brick veneer, with the remainder being fiber - cement siding. The brick portion will be applied in wainscot fashion around the complete exterior, with the brick extending from the slab up to a reasonable and aesthetically appropriate height. Agency shall submit final plans and specifications to the City's Economic and Community Development Department, and shall comply with all other applicable City of College Station ordinances prior to commencement of construction, or the City may terminate this agreement. Article III — Property Maintenance 5. As part of the consideration for the conveyance described above, the Agency agrees to comply with all of the following terms in reference to the Land and the contemplated dwelling (the Property) for so long as the Agency holds title to the Land: 5.1. The Property must be constructed and maintained to meet all applicable City code requirements; 5.2. All debris on the Property, both during and after construction, must be regularly collected in a neat and orderly manner and properly disposed; 5.3. All vegetation on the Property, including any lawn, turf, shrubs, bushes, and trees, must be maintained and trimmed on a regular basis; 5.4. The interior of the dwelling shall be kept in a clean and sanitary living condition; Article IV — Records and Reports 6. The Agency shall submit activity reports during construction to the City as may be required in writing by the City. The format of such reports shall, at a minimum, consist of a narrative summary of activities and an activity report that describes the client(s) served by the Agency through the Land conveyance under this Contract. The Agency will maintain supporting back -up documentation regarding all reports and make such available to the City upon request. Final activity report(s) and reimbursement request(s), including documentation, shall be Page 3 of 7 Contract No.: submitted to the City within thirty (30) days following the sale of the property. Such final report(s) shall include information on the following: racial and ethnic identification; household income information as to whether low or moderate income (as stipulated by HUD regulations); head of household status; and city of residence status. Article V — Administrative Requirements 7. The Agency further agrees to comply with all the terms and conditions contained in the City's Community Development Administrative Guidelines and the Deed referenced in paragraph 1, et seq., herein. 8. The Agency further agrees to comply with all applicable local, State, and Federal laws, ordinances, and regulations, including but not limited to HUD requirements and the following: 8.1. For any property rehabilitated under this Contract that lies within the 100 year flood plain, the Agency agrees to purchase Federal Flood Insurance as required under the Flood Disaster Protection Act of 1973, 42 U.S.C. 4001 et. Seq. 8.2, The Agency agrees to comply with the policies and procedures relating to removal and non -use of lead -based paints in accordance with the Lead -Based Paint Poisoning Prevention Act, 42 U.S.C. § 4822, and the implementing regulations at 24 C.F.R. § 35. Article VI — General Provisions 9. The City and the Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of this Contract, has any personal interest, direct or indirect, in this Contract. 10, The Agency certifies that it will not limit services or give preference to any person assisted through this Contract on the basis of race, color, religion, sex, national origin or disability. 11. The parties to this Contract agree and understand that the Agency is an independent contractor and not an agent or representative of the City, that the obligation to compensate Agency's employees and personnel furnished or used by the Agency to provide the services specified herein shall be the sole responsibility of the Agency, and that said employees and personnel shall not be deemed employees of the City for any purpose. 12. No amendment to this Contract shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. Page 4 of 7 Contract No.: 13. This Contract has been made under and shall be governed by the laws of the State of Texas. 14. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 15. Each party has the full power and authority to enter into and perform this Contract, and the person signing this Contract on behalf of each party has been properly authorized and empowered to enter into this Contract. The persons executing this Contract hereby represent that they have authorization to sign on behalf of their respective organizations. 16. Failure of any party, at any time, to enforce a provision of this Contract, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Contract, any part hereof; or the right of either party thereafter to enforce each and every provision hereof. No term of this Contract shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 17. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Contract. 18. This Contract and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Contract. 19. It is understood and agreed that this Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 20. If any provision of this Contract shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 21. It is understood that this Contract contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Contract exist. This Contract cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Contract shall affect or modify any of the terms or obligations hereunder. 22. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each Page 5 of 7 Contract No.: party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. Written notices shall be delivered as follows unless otherwise notified by either party: Agency: City: Attn: Attn: David Gwin Bryan/College Station Habitat for Humanity, Inc. Economic & Community Development 119 Lake Street City of College Station Bryan, Texas 77801 1207 Texas Avenue P.O. Box 9960 College Station, Texas 77842 23. Headings provided herein are for convenience only and in no manner limit or effect the provisions contained herein. EXECUTED this of , 2008. CITY OF COLLEGE STATION BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC. By: By: �o� C .� Glenn Brown, City Manager Printed Name: RAe, 6cL G. $orK Title: 17ireckor Page 6 of 7 Contract No.: APPROVED: City Dated Jeff Kersten, Chief Financial Officer Dated David Gwin, Director of Economic & Community Development. Dated STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2008, by Glenn Brown, as City Manager of the City of College Station, Texas, Texas Home Rule Municipality, on behalf of said municipality. Notary Public in and for the State of Texas STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § his instrument was acknowledged before me on the 3 day of i <' 2008, by i « «G eerk , as f Qc r �� of BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC., a Texas non - profit organization, on behalf of said organization. 9 oWW L a UWWF W camn* Not Public in and for the State of T xa J* 5,2010 Page 7 of 7 Contract No.: EXHIBIT "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. BLANKET UTILITY EASEMENT DATE: 2008 GRANTOR: BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC. a Texas non - profit corporation GRANTOR'S MAILING ADDRESS: 119 Lake Street Brazos County . Bryan, TX 77801 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: I 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($ 0.00) and other good and valuable consideration. PROPERTY: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot Two (2), Block Ten (10), McCULLOCH ADDITION, an addition to the City of College Station, Texas, according to resubdivision plat recorded in Volume 362, Page 827 of the Deed Records of Brazos County, Texas. Being the same property described in General Warranty Deed dated March 22, 2006, from Hossein Eklili and Zahra Eklili to City of College Station, Texas, recorded in Volume 7211, Page 149, Official Records of Brazos County, Texas. ESTATE GRANTED: GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as -built area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above- described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above - described property. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use and to grant to others the right to use the easement area for any purpose which will not unreasonably interfere witl'_ the safe and reasonable maintenance and operation of installations to be made by GRANTEE therein. 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedestrian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance. 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTOR, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built' survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built' survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built' area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC. BY: DO NOT SIGN AT THIS TIME Printed Name: Title: APPROVED: City Attorney 0. Deparbmnt F.IeslCommunity DevelopmentlPurcbases andConveyancesV 119 Georgia • 9CS Habliat for Humanlrylblanket utility easemeadccrs THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2008, by as of BRYAN /COLLEGE STATION HABITAT FOR HUMANITY, INC., a Texas non - profit corporation, on behalf of said corporation. PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 Notary Public in and for the State of Texas AFTER RECORDING RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 o.'Deparhnen! FileslCommuniry DevelopmentTurchases and Conveyancelll119 Georgia - BCS Habiiai for Humanitylblanka utility easemencdoc Bryan/College Station Habitat for Humanity � March 2, 2007 Mr. David Gwin Director of Economic and Community Development City of College Station 1207 Texas Ave. Collge Station, TX 77840 Dear Mr. Gwin: I write on behalf of the Board of Directors of Bryan/College Station Habitat for Humanity to request the donation of a lot at 1119 Georgia Street in College Station, for the construction of a simple, affordable home for a local family in need. The donation of this lot will allow local volunteers to build a home for a low - income family that currently lives in substandard housing. Funds and labor for construction have been committed by the members of Christ United Methodist Church, who are ready to begin. We appreciate all that the City of College Station has done for its citizens, especially for the low - income families we serve, and look forward to partnering with you again in the New Year. Thank you very much. Sincerely, Patricia G. Burk Executive Director 119 Lake Street — Bryan, Texas 77801 * Phone: (979)823 -7200 * Fax: (979)775 -7412