Subject:
First Amendment to the Specific Performance and Land Use Restriction Agreement with Homeless Emergency Project, Inc., d/b/a Homeless Empowerment Program for homeless emergency shelter facility improvements.
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Recommended Action:
Approval and execution by the County Administrator of the First Amendment to the Specific Performance and Land Use Restriction Agreement (Amendment) with Homeless Empowerment Program (HEP) for homeless emergency shelter facility improvements.
• This Amendment extends the term of the Agreement nine (9) months to June 30, 2021, providing additional time for completion of improvements at the facility.
• The Amendment extends the term of the Restricted Period nine (9) months, restricting the use of the property through July 1, 2028.
• Project commencement was delayed until early June 2020, due to the COVID-19 pandemic coinciding with contractual negotiations.
• On October 24, 2019, the County provided $79,774.00 in Community Development Block Grant (CDBG) funding for facility renovations including upgrading windows, doors, lighting, flooring, plumbing, smoke detectors, and A/C vents; exterior improvements including painting, stucco, masonry work and replacing drainage gutters and awnings; and remodeling existing and constructing additional new bathrooms at HEP’s Adult Emergency Shelter through Agreement CD19HEP.
• HEP provides emergency shelter and wrap-around services to approximately 800 homeless men and women.
• Body
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 First Amendment to the Specific Performance and Land Use Restriction Agreement CD19HEP will provide additional time for completion of the project by extending the term nine (9) months from September 30, 2020 to June 30, 2021 and will extend the term of the land use restriction nine (9) months from October 1, 2027 to July 1, 2028.
The original Agreement requires that the performance under the Agreement be completed by September 30, 2020. The project has undergone considerable commencement delays due to the COVID-19 Pandemic coinciding with contractual negotiations. It is necessary to extend the term of the Agreement to June 30, 2021, to allow for project completion.
The CDBG investment of $79,774.00 requires a land use restriction to be placed on the property for seven (7) years. Extending the term of the performance requires that the term of the land use restriction on the property be extended to July 1, 2028.
Background/Explanation
On July 23, 2019, the Board executed Resolution 19-48, which approved the 2019-2020 Action Plan. One of the projects to be carried out under the County’s 2019-2020 Action Plan is the Homeless Empowerment Program Emergency Shelter Rehabilitation Project, benefitting homeless individuals.
On October 24, 2019, the County Administrator, executed Specific Performance and Land Use Restriction Agreement CD19HEP, effective October 1, 2019 through September 30, 2020, with the land use restriction expiring on October 1, 2027.
Fiscal Impact:
The total amount of funding for this agreement is not to exceed $79,774.00 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.
Delegated Authority:
Authority for the County Administrator to sign this Agreement is granted under Code Section 2-62 (a) (1) and Resolution No. 19-48.
Staff Member Responsible:
Brian Lowack, Interim Director, Housing and Community Development
Partners:
Homeless Emergency Project, Inc. d/b/a Homeless Empowerment Program
U.S. Department of Housing and Urban Development
Attachments:
First Amendment to Specific Performance and Land Use Restriction Agreement
Specific Performance and Land Use Restriction Agreement, October 24, 2019
Additional Time Request from Agency
Property Location Map
Resolution 19-48