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File #: 24-2226    Version: 1 Name:
Type: Contract - Amendment Status: Passed
File created: 4/10/2024 In control: Commissioners Court
On agenda: 4/23/2024 Final action: 4/23/2024
Title: Request for approval of a second amendment to an agreement with National Housing Partnership Foundation (NHPF) Caroline Conduit, LLC, and Magnificat Permanent Affordable, LLC to extend the construction completion date to October 23, 2024 due to unanticipated rain/hurricane delays and unexpected infrastructure delays.
Attachments: 1. Backup 3300 Caroline Street Amendment#2_Final

Department: Housing and Community Development

Department Head/Elected Official: Thao Costis, Executive Director

 

Regular or Supplemental RCA: Regular RCA

Type of Request: Contract - Amendment

 

Project ID (if applicable): D2017-089

Vendor/Entity Legal Name (if applicable): Magnificat Permanent Affordable, LLC

 

MWDBE Contracted Goal (if applicable): The City of Houston, which is jointly funding the project, will set the

MWDBE contracted goal and monitor MWDBE compliance.

MWDBE Current Participation (if applicable): N/A

Justification for 0% MWDBE Participation Goal:  N/A - Goal is not 0% and is listed above

 

Request Summary (Agenda Caption):

title

Request for approval of a second amendment to an agreement with National Housing Partnership Foundation (NHPF) Caroline Conduit, LLC, and Magnificat Permanent Affordable, LLC to extend the construction completion date to October 23, 2024 due to unanticipated rain/hurricane delays and unexpected infrastructure delays.

end

 

Background and Discussion:

On April 5, 2022, the Commissioner’s Court approved an agreement between Harris County and National Housing Partnership Foundation (NHPF) Caroline Conduit, LLC, and Magnificat Permanent Affordable, LLC. Attached for Commissioner’s Court review and approval is the first amendment to the agreement between Harris County and National Housing Partnership Foundation (NHPF) Caroline Conduit, LLC, and Magnificat Permanent Affordable, LLC, for the above-described project. On August 2, 2022, the Commissioner’s Court approved the first amendment to amend said agreement to: (i) increase the Site Work line item by $1,282,132, (ii) increase the Direct Construction line by $224,164, and (iii) to increase the Other Construction line item by $122,171. The increases total $1,709,890 in additional funding, requested from the subrecipient due to the surge in construction materials cost. The revised amount of the CDBG-DR funding for this project will be $10,248,169.00 and the total amount of project funding will be $44,822,492. Further, at the request of Precinct 1, the agreement is being amended to provide certain minimum protections for residents of the Project (EXHIBIT E-1, “TENANT RIGHTS”). The parties now desire to amend said agreement to extend the 18-month construction completion requirement for an additional six (6) months to October 23, 2024, due to unanticipated weather delays and unexpected infrastructure delays.

 

Expected Impact:

The expected impact is to allow the 3300 Caroline Street project additional time to finish constructing the multifamily units. No fiscal impact on the County is anticipated.

 

Alternative Options:

The alternative option is that the project will not complete construction within the contracted timeframe.

 

Alignment with Goal(s):

_ Justice and Safety

_ Economic Opportunity

x_ Housing

_ Public Health

_ Transportation

_ Flooding

_ Environment

_ Governance and Customer Service

 

Prior Court Action (if any):

Date

Agenda Item #

Action Taken

07/10/18

III.1.2

Approval of and resolution to submit Harris County Supplemental Action Plan to the GLO

08/11/20

8.h.1

Approval of funding for the 3300 Caroline Street Project

04/05/22

108

Approval of the 3300 Caroline Street Loan Agreement

08/02/22

288

Approval of the Second Amendment to the 3300 Caroline Street Loan Agreement

 

Location:

Address (if applicable): 3300 Caroline Street, Houston, Texas, 77004

Precinct(s): Precinct 1

 

Fiscal and Personnel Summary

Service Name

 

 

 

Current Fiscal Year Cost

Annual Fiscal Cost

 

Labor

Non-Labor

Total

Recurring Expenses

Funding Sources

 

Existing Budget

 

 

 

 

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Total Current Budget

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Additional Budget Request (Requires Fiscal Review Request Form)

 

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Total Additional Budget Request

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Total Funding Request

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Personnel (Fill out section only if requesting new PCNs)

 

Current Position Count for Service

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-

Additional Positions Request

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Total Personnel

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-

 

Anticipated Court Date: 04/23/24

 

Anticipated Implementation Date (if different from Court date): N/A

 

Emergency/Disaster Recovery Note: Disaster Recovery related item

 

Contact(s) name, title, department: Sam Borders, Director, Multi-Family Housing Development, Harris County Housing and Community Development

 

Attachments (if applicable): Amendment #2