Subject:
Second Amendment to the Specific Performance and Land Use Restriction Agreement with Directions for Mental Health, Inc. d/b/a Directions for Living for Community Development Block Grant funded facility improvements.
Recommended Action:
Approval and execution by the County Administrator of the Second Amendment to the Specific Performance and Land Use Restriction Agreement (Amendment) with Directions for Living for Community Development Block Grant (CDBG) funded facility improvements.
• This Second Amendment extends the term of the Agreement to September 30, 2021, providing additional time for the purchase and installation of an industrial grade back-up generator at Direction for Living’s Clearwater Center due to the pandemic, substantial delays in the purchase of material, and obtaining the permits for this project.
• The Second Amendment extends the term of the Restricted Period six (6) months, restricting the use of the property through October 1, 2031.
• On November 13, 2019, the County provided $104,204.00 in CDBG funding for facility renovations including the purchase and installation of an industrial grade back-up generator at Direction’s Clearwater Center through Agreement CD19DMH.
• On September 10, 2020, the First Amendment provided an additional $42,041.00, for a total CDBG investment of $146,245.00 and extended the term of the Agreement six (6) months to March 31, 2021 to provide additional time for completion of improvements at the facility.
• Directions for Living provides services to approximately 21,083 individuals at-risk of, or diagnosed with behavioral health, substance misuse, or co-occurring disorders or persons or families at-risk of, or currently experiencing homelessness.
Strategic Plan:
Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community
Foster Continual Economic Growth and Vitality
4.2 Invest in communities that need the most
Deliver First Class Services to the Public and Our Customers
5.1 Maximize partner relationships and public outreach
Summary:
The Second Amendment to Specific Performance and Land Use Restriction Agreement CD19DMH will provide additional time for the completion of the project, by extending the term an additional six (6) months from September 30, 2020 to September 30, 2021; and will extend the term of the land use restriction to October 1, 2031.
The original Agreement requires that performance under the Agreement be completed by September 30, 2020. Due to the recent pandemic, project commencement was delayed, and permitting delays were experienced due to additional levels of review being required due to the type of project, Directions is unable to complete the project on or before the expiration date. It is necessary to extend the term of the Agreement an additional six (6) months, to September 30, 2021.
Background/Explanation
On July 23, 2019, the Board of County Commissioners (Board) executed Resolution 19-48, which approved the 2019-2020 Action Plan. One of the projects to be carried out under the 2019-2020 Action Plan is the Directions for Living Facility Improvement Project, benefitting individuals at-risk of, or diagnosed with behavioral health, substance misuse, or co-occurring disorders or persons or families at-risk of, or currently experiencing homelessness.
On November 13, 2019, the County Administrator executed Specific Performance and Land Use Restriction Agreement CD19DMH, effective October 1, 2019 through September 30, 2020, with the land use restriction expiring on October 1, 2028.
On September 10, 2020, the First Amendment provided an additional $42,041.00, for a total CDBG investment of $146,245.00 and extended the term of the Agreement six (6) months to March 31, 2021, with the land use restriction expiring on April 1, 2031, to provide additional time for completion of improvements at the facility.
Fiscal Impact:
This amended Agreement provides additional time for the project to be completed. The total amount of funding for this agreement is not to exceed $146,245.00 during the term of the Agreement. Funding for this Agreement is included in the County’s FY20 Adopted Budget and FY21 Proposed Budget for CDBG funds.
Staff Member Responsible:
Carol L. Stricklin, Director, Housing and Community Development
Partners:
Directions for Mental Health, Inc. d/b/a Directions for Living
U.S. Department of Housing and Urban Development
Attachments:
Second Amendment to Specific Performance and Land Use Restriction Agreement
Specific Performance and Land Use Restriction Agreement, November 13, 2019
First Amendment to Specific Performance and Land Use Restriction Agreement, September 10, 2020
Second Amendment Request Form
Project Location Map
Resolution 19-48