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Home My WebLink About2021-07-14-Agenda MeetingSpecial Called Meeting Commission Chamber- 7/14/2021- 11:00 AM 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Attachments 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act.Attachments 3. Motion to approve the Runway 17/35 Cleaning and Centerline Repainting to ensure compliance with FAA Standards. Attachments 4. Motion to approve submission of the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans and authority for the Mayor, as Augusta, Georgia’s Certifying Official, to execute the documents, including but not limited to, the SF-424s and Certifications and Assurances required to be included with this submission and a pproval of the submission for the acceptance of the award for Augusta, Georgia under the CDBG – CV 3 allocation from the CARES Act, as previously approved by Commission at the January 6, 2021 Commission meeting. (Requested by the Administrator) Attachments 5. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME Funding to assist three (3) low to moderate income homebuyers with gap financing, down payment, and closing cost to purchase homes though the Homebuyer Subsidy Program. (Requested by the Administrator) Attachments 6. Motion to approve Housing and Community Development Department’s (HCD's) contract between HCD and Terencce Walker for the down payment subsidy assistance for one (1) Attachments single-family housing unit identified as 924 Boyd Lane. (Requested by the Administrator) www.augustaga.gov Legal Administration Committee Meeting 7/14/2021 11:00 AM Legal Meeting Department: Presenter: Caption:LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Legal Administration Committee Meeting 7/14/2021 11:00 AM Legal Meeting Affidavit Department: Presenter: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Legal Administration Committee Meeting 7/14/2021 11:00 AM Runway 17/35 Cleaning and Centerline Repainting Hi Lite Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve the Runway 17/35 Cleaning and Centerline Repainting to ensure compliance with FAA Standards. Background:The centerline and markings on runway 17/35 are currently obscured by dirt, mildew, and rubber markings as a result of the commercial, general aviation, and military traffic that the airport has been experiencing within the past year. The contractor provides cleaning and striping (painting) of the Airport’s Runways and Taxiway. This is a general safety and a time sensitive issue because the Airport will be undergoing it’s annual federal safety inspection beginning July 21, 2020 and this work must be completed prior to the inspection. Analysis:The Airport’s commercial operating certificate is predicated on passing the annual inspection. We have received two quotes and advise that the Aviation Commission continue with the most cost effective option, which is $48, 791.19 with Hi-Lite Airfield Services, Inc. We are requesting permission to approve the expenditure in order to take appropriate action to ensure our runways are compliant with FAA standards, as well as to assure that we are operating safely for all Augusta Regional Airport traffic. The Airport awarded a contract and conducted a similar project with Hi-lite within the past five years. Financial Impact:$48,791.19 Airport awarded a contract and conducted similar project with HI LITE within the past 5 years. Alternatives:To Deny Recommendation:Augusta Aviation Commission recommends Approval. Enterprise Fund 551081113-5319160 Cover Memo Item # 3 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Page 1 of 2 P. O. Box 9 Freeman, Virginia 23856 Phone: 434-634-2111 Fax.434-634-0024 Email: remac@remacus.com DATE: 5/14/2021 Customer: Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 ATTN: David Widener Telephone: (706) 798-3236 Main (706) 825-5759 Direct Email: dwidener@augustaga.gov Job Description: Runway 17/35 Marking Cleaning and Centerline Marking at Augusta Regional Airport in Augusta, Georgia. We propose to furnish all of the materials, labor and equipment to perform the following quoted work at the above-mentioned location. Consisting of: Attachment number 1 \nPage 1 of 2 Item # 3 Page 2 of 2 Marking Cleaning & Centerline Marking: Description Unit Quantity Unit Price Total Mobilization LS 1 $2,500 $2,500.00 Runway Marking Cleaning SF 159,561 $0.23 $36,699.03 Runway Centerline Marking White SF 13,680 $0.99 $13,543.20 $52,742.23 Raw Material Costs: Please note that due to the fluctuations in raw material costs, such as asphalt and other oil products, this quote is good for 30 days. If beyond 30 days, please call us and we will be happy to give you an updated quote reflecting any price fluctuations due to any increases. Payment Terms: Payment shall be due in full for individual project portions upon completion of work on same. The customer agrees to pay interest of 1.5% per month to Remac, Inc. on contract balances not paid according to terms. If Remac, Inc. must file suit or initiate any other collection process to recover what is owed, then Remac, Inc. will recover all attorney’s fees plus any other collection costs associated with the claim. Thank you for contacting us for a quote. Accepted By: _____________________ Date: _________________ By my signature I do attest and affirm that I am duly authorized to assume commitment for payment as described above. Quoted prices are good for 30 days from date of quote. Attachment number 1 \nPage 2 of 2 Item # 3 HI-LITE AIRFIELD SERVICES, LLC PO Box 597 20128 NYS Route 12F Watertown, NY 13601 (315) 583-6111 www.hi-lite.com Quotation P-620-1 Airfield Markings - White 18392 SF $ 0.32 $ 5,885.44 P-620-1.1 Glass Beads - Type III 1190 Lb $ 4.45 $ 5,295.50 P-620-2 Surface Preparation of White Markings 150441 SF $ 0.25 $ 37,610.25 Project Description: 1) Clean entire 17/35 Runway markings 2) Rubber removal on centerline touchdown both ends. 11 skips on 17 end (1320’ of white lines-skips) 13 skips on 35 end (1560’ of white lines-skips) 3) Paint and bead entire centerline Remarks: Price Includes - (1) Mobilization - Surface Preparation of all White Markings -Rubber removal on 38 Centerline Markings - Remarking 17-35 White Centerline Markings Paint: TT-P-1952F Type II Beads: TT-B-1325D Type III Exclusions: - No Paint Removal - As-Builts will Not be Provided Owner to Provide: - Adequate On Site Water Supply - Disposal Liquid and Solid Debris From Surface Prep **** Payment/Performance Bonds are NOT Included and will Not be Provided **** Note: This Quote/Proposal is Only Valid in its Entirety And Prices Are Valid for (30) Days From Bid Date. If you need further information please contact: Joe Rarick, VP of Operations, 315.583.6111x x254 or joel@hi-lite.com Quote #: 21-15021 Bid Date: 03/26/21 Project Reference: Surface Prep and Painting White RW Markings Completion Date: 05/31/21 County: Richmond Augusta, GA Item# Description Qty Unit $ / Unit Price Total: $ 48,791.19 Attachment number 2 \nPage 1 of 2 Item # 3 HI-LITE AIRFIELD SERVICES, LLC PO Box 597 20128 NYS Route 12F Watertown, NY 13601 (315) 583-6111 www.hi-lite.com Attachment number 2 \nPage 2 of 2 Item # 3 Legal Administration Committee Meeting 7/14/2021 11:00 AM HCD_ FY2020-FY2024 Consolidated Plan and FY 2021 Annual Action Plan Submission Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve submission of the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans and authority for the Mayor, as Augusta, Georgia’s Certifying Official, to execute the documents, including but not limited to, the SF-424s and Certifications and Assurances required to be included with this submission and a pproval of the submission for the acceptance of the award for Augusta, Georgia under the CDBG – CV 3 allocation from the CARES Act, as previously approved by Commission at the January 6, 2021 Commission meeting. (Requested by the Administrator) Background:In order to fulfill statutory and regulatory requirements found at 24 CFR 91.15(a)(1) and as mandated by the U.S. Department of Housing and Urban Development ,the City of Augusta, Georgia is required to provide its local strategy to address needs in the areas of community development, economic development, affordable housing and homelessness as carried out through its Housing and Community Development Department and represented in the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans. Further, the City of Augusta is required to make available for public comment the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans that provides the jurisdiction an opportunity to review the City’s local strategy to address needs in the areas of community development, economic development, affordable housing and homelessness through its Housing and Community Development Department. This submission contains Augusta’s actual allocation of $4,318,856 in FY2020 and $4,301,265 for FY2021 (plus projected CDBG and HOME Program Income). The FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans represents funding for the following programs funded by the U.S. Department of Housing and Urban Development (HUD): Community Development Block Grant (CDBG) Program, Home Investment Cover Memo Item # 4 Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, and Housing Opportunities for Persons with AIDS (HOPWA) Program Below is a listing of the allocations: Funding Program Allocations for FY2020 - CDBG $1,803,558, HOME $977,984, HOPWA $ 1,045,653 ESG -$156,481. Total FY2020 Allocation - $4,318,677. This proposal includes the Annual Action Plan for FY2020 allocations plus Program Income from CDBG loan repayment of $100,000 and HOME loan repayment of $235,000. FY2020 Programmatic budgets are attached to this item. Funding Program Allocations for FY2021 - CDBG $1,809,535, HOME $961,067, HOPWA $ 1,041,827 ESG -$153,836. Total FY2021 Allocation - $4,301,265. This proposal includes the Annual Action Plan for FY2021 allocations plus Program Income from CDBG loan repayment of $100,000 and HOME loan repayment of $235,000. FY2021 Programmatic budgets are attached to this item. Also included in this submission is submission for the acceptance of the award for Augusta, Georgia under the CDBG – CV 3 allocation from the CARES Act, as previously approved by Commission at the January 6, 2021 Commission meeting. Analysis:If approved by the Augusta, Georgia Commission, the Housing and Community Development Department will be capable of funding projects in accordance with the submission of the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans to the U.S. Department of Housing and Urban Development (HUD) and continue provision of funding to projects and activities to service the housing, service and economic development needs of low-to-moderate income residents of Augusta, Georgia. Financial Impact:If approved by the Augusta-Richmond County Commission, the FY2020- FY2024 Consolidated Plan, FY2020 and FY2021 Annual Action Plans will allow for the Housing and Community Development Department to continue to provide funding of needed services and housing projects for low-moderate-income households throughout the City of Augusta, Georgia with a FY 2020 total allocation budget of $4,318,677 and a FY2021 total allocation budget of $4,301,265. Alternatives:Do not approve HCD's request for approval to submit the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans. Recommendation:Approve the request for submission of the FY2020- FY2024 Consolidated Plan and FY2020 and FY2021 Annual Action Plans and authority for the Mayor, as the Certifying Official of Augusta, Georgia, to execute the documents, including, but not limited to, the SF-424s and Certifications and Assurances required to be included with this submission. Cover Memo Item # 4 Funds are Available in the Following Accounts: U.S. Department of Housing and Urban Development (HUD) Funds: Community Development Block Grant (CDBG) funds, Emergency Solutions Grant (ESG), HOME Investment Partnership, Housing Opportunities for Persons with AIDS (HOPWA) and Continuum of Care (CoC NOFA). REVIEWED AND APPROVED BY: Cover Memo Item # 4 Augusta Mini Theatre-Youth Arts Education Prog.$50,000.00 Augusta Partnership for Children - Youth Enrichment Prog.$27,500.00 CSRA Business League - Youth Entreprenuership Program $15,000.00 CSRA Business League Business Development Program $25,000.00 Kids Restart - Family Reunification Progrram $20,000.00 MACH Academy - Computer Coding Academy $45,000.00 Salvation Army Augusta Area Command - Job Skills Training $35,000.00 Citizen Empowerment Program - Homebuyer Education $40,000.00 CSRA EOA - Sibley Street Permanent Housing $25,000.00 Homeowner Housing Rehabilitation $735,347.00 Rental Housing Rehabilitation $265,000.00 Activity Delivery Costs $130,000.00 Relocation Assistance $10,000.00 Community Economic Development $100,000.00 Planning & Entitlement Grants Administration $ 360,711.00 Fair Housing $ 20,000.00 Community Development Block Grant - Relocation Assistance Programs 2020 One Year Action Plan - Program Allocations Summary Community Development Block Grant - Public Service Budget Total Proposed funding for Poverty Reduction Programs $257,500.00 Community Development Block Grant - Special Purpose Programs Total Proposed funding for Special Purpose Programs $25,000.00 Community Development Block Grant - Public Service Budget Total Proposed Funding for Public Services $282,500.00 Community Development Block Grant - Economic Development Programs Community Development Block Grant - Planning & Grants Administration (20% cap) Total Proposed Funding for Planning & Grants Administration $1,903,558 Total Proposed Funding for Economic Development Activities $100,000 $380,711 Total Proposed Funding for Economic Development Activities $10,000 Community Development Block Grant -Housing Development Programs Total Proposed Funding for Housing Development Programs Total CDBG Funding Proposed for Program Activities $1,130,347 HCD_ FY19 Annual Action Plan Page 1 Attachment number 1 \nPage 1 of 2 Item # 4 Housing Redevelopment Initiative $809,709.00 Homeowner Assistance Program $100,000.00 Community Housing Development Organization: Projects $181,977.45 HOME Program Administration $121,298.40 CSRA EOA - Homeless Prevention $25,000.00 SAFEHOMES - Rapid Rehousing $25,000.00 CSRA EOA - Rapid Rehousing $25,000.00 Safe Homes $20,000.00 Temporary Emergency Shelter - Hotel Vouchers $48,000.00 Emergency Shelter / Outreach Funding $1,745.00 HESG Administration $ 11,736.08 Antioch Ministries $148,970.64 East Augusta CDC $152,319.85 Family Initiative of the CSRA, Inc. $214,360.16 Promise Land Community Development $225,214.44 HOPWA Housing $273,419.00 HOPWA Program Administration $ 31,369.59 TOTAL PROPOSED 2020 ONE YEAR ACTION PLAN BUDGET $4,318,677 Emergency Solutions Grant - Shelter Operations Housing Opportunities for Persons with AIDS Grant - Program Administration (3% cap) Total HOPWA Funding Proposed for Housing and Services Total Proposed Funding for HESG Admin $11,736 Total HESG Funding Proposed for Homeless Services $156,481 Emergency Solutions Grant - Program Administration (7.5% cap) $1,045,654 Total HOPWA Proposed for Program Activities Total Street Outreach/Shelter Operations $69,745 Total Rapid Rehousing and Homelessness Prevention $75,000 Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention Total Proposed Funding for Housing Development $1,091,686 Housing Opportunities for Persons with AIDS Grant - Program Activities $1,014,284 . $1,212,984 Total Proposed Funding for Planning & Grants Administration $121,298 Total HOME Funding Proposed for Housing Development HOME Investment Partnership Grant - Program Administration (10% cap) HCD_ FY19 Annual Action Plan Page 2 Attachment number 1 \nPage 2 of 2 Item # 4 Salvation Army - Job Skills Training Program $35,000.00 MACH Academy - Computer Coding Program $40,000.00 Project Life - Job and Life Skills Training $50,000.00 Augusta Mini Theatre Youth Arts Education Program $50,000.00 Anvil House - Food and Clothing Pantry Program $7,500.00 JAMP - Youth Music Education Program $10,000.00 McKie Foundation - Entrepreneurship Development $25,000.00 CSRA EOA, Inc. Permanent Supportive Housing $18,976.75 CSRA EOA, Inc. Centralized Intake and Assessment $18,976.75 CSRA Business League - Youth Entreprenuership Training $12,000.00 CSRA Bsuieness League - Small Business Development Program $18,976.75 Homeowner Housing Rehabilitation $746,198.00 Rental Housing Rehabilitation $265,000.00 Activity Delivery Costs $130,000.00 Community Economic Development $100,000.00 Planning & Entitlement Grants Administration $ 361,907.00 Fair Housing $ 20,000.00 Housing Redevelopment Initiative $ 897,051.00 Community Housing Development Organization: Projects $ 179,410.05 HOME Program Administration $ 119,606.70 2021 One Year Action Plan - Program Allocations Summary Community Development Block Grant - Public Service Budget Total Proposed funding for Poverty Reduction Programs $286,430.25 Total Proposed Funding for Economic Development Activities $100,000 Community Development Block Grant - Public Service Budget Total Proposed Funding for Public Services $286,430.25 Community Development Block Grant -Housing Development Programs $1,196,067 Total Proposed Funding for Planning & Grants Administration $1,909,535 Total Proposed Funding for Housing Development $1,076,461 Total HOME Funding Proposed for Housing Development HOME Investment Partnership Grant - Program Administration (10% cap) $1,141,198 Community Development Block Grant - Economic Development Programs Community Development Block Grant - Planning & Grants Administration (20% cap) Total Proposed Funding for Housing Development Programs Total Proposed Funding for Planning & Grants Administration $119,606 Total CDBG Funding Proposed for Program Activities $ 381,907.00 Attachment number 2 \nPage 1 of 3 Item # 4 Lydia Project - Homelessness Prevention $ 15,000.00 SAFEHOMES - Rapid Rehousing $ 25,000.00 East Augusta CDC - Rapid Rehousing $ 25,000.00 United Way of the CSRA - Homelessness Prevention $ 22,391.00 SAFEHOMES - Emergency Shelter $ 25,000.00 Salvation Army - Augusta Area Command $ 25,000.00 Temporary Emergency Shelter - Hotel Vouchers $ 4,908.00 HESG Administration $ 11,537.70 East Augusta CDC $ 184,000.00 Family Initiative of the CSRA, $ 178,018.00 Promise Land CDC $ 159,250.00 Antioch Ministries $ 157,556.00 CDIC - Aiken, SC HOPWA Services $ 150,000.00 HOPWA Housing $ 181,748.19 HOPWA Program Administration $ 31,254.81 CDBG Allocation CDBG Program Income Projection HOME Allocation HOME Program Income Projection CHDO Set Aside @ 15% HESG Allocation HOPWA Allocation 1,041,827.00$ CDBG Admin -$ HOME Admin -$ TOTAL PROPOSED 2021 ONE YEAR ACTION PLAN BUDGET $4,301,265 $1,041,827 Total HOPWA Proposed for Program Activities Total Proposed Funding for HOPWA Admin $31,254 Total HOPWA Funding Proposed for Housing and Services Total Proposed Funding for HESG Admin $11,537 Total HESG Funding Proposed for Homeless Services Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention $1,010,572 Housing Opportunities for Persons with AIDS Grant - Program Activities . Total Street Outreach/Shelter Operations $ 54,908.00 Total Rapid Rehousing and Homeless Prevention $87,391 Emergency Solutions Grant - Shelter Operations Housing Opportunities for Persons with AIDS Grant - Program Administration (3% cap) $153,836 Emergency Solutions Grant - Program Administration (7.5% cap) Attachment number 2 \nPage 2 of 3 Item # 4 HESG Admin -$ HOPWA Admin 31,254.81$ Attachment number 2 \nPage 3 of 3 Item # 4 Legal Administration Committee Meeting 7/14/2021 11:00 AM HCD_ Homebuyer Subsidy Program Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME Funding to assist three (3) low to moderate income homebuyers with gap financing, down payment, and closing cost to purchase homes though the Homebuyer Subsidy Program. (Requested by the Administrator) Background:The City of Augusta’s Home Subsidy Program is a loan in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first- time home buyer and the home must become the buyer’s primary residence. The program is funded by The Department of Housing and Urban Development (HUD) and administered by The City of Augusta’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with the gap financing toward the purchase price and closing costs for homes located within the city limits of Augusta and in conjunction with local Community Housing Development Organizations (CHDOs) and employees of Augusta, Georgia. Three applications awaiting approval to move forward with the process of becoming homeowners are: 1. Homebuyer Subsidy – 1249 11th Street - Requesting: $25,000 Sales Price: $ 145,000.00 2. Homebuyer Subsidy – 1229 Perry Avenue – Requesting: $25,000 Sales Price: $ 147,000.00 Homebuyer Subsidy – 2533 Dover Street – Requesting: $ 25,000 Sales Price: $ 169,950.00 Applicants have a first mortgage from a lending institution but needs the Subsidy to complete the process. Once approved, Lenders will schedule closings and the applicants will then become a homeowners in Augusta, Georgia. Analysis: Cover Memo Item # 5 The approval of the applications will enable three individuals to become homeowners and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Housing and Urban Development Department on an annual basis. This approval would be for the amount of $75,000.00. Alternatives:Do not approve HCD's request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME Funding to assist three (3) low to moderate income homebuyers with gap financing, down payment, and closing cost to purchase homes though the Homebuyer Subsidy Program. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME)Funds (221073212) REVIEWED AND APPROVED BY: Cover Memo Item # 5 HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of ____________, 2021 by and between ____________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #___ and ___________________________________. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Twenty-Five thousand dollars 00/100 ($25,000.00) subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 10 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 10 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, Attachment number 1 \nPage 1 of 5 Item # 5 HOME Program – Homebuyer Written Agreement Page 2 of 5 interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act- 2020 Existing Homes New Homes 1 Unit $ 157,000 $ 238,000 2 Unit $ 201,000 $ 304,000 3 Unit $ 243,000 $ 368,000 4 Unit $ 301,000 $ 456,000 Unadjusted Median Value $ 164,900 $ 250,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $________. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decide to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Attachment number 1 \nPage 2 of 5 Item # 5 HOME Program – Homebuyer Written Agreement Page 3 of 5 Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded North by ______. South by ______________, East by ____________ and West by ___________. Parcel # _____________ Property recorded as _______________________, Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement Attachment number 1 \nPage 3 of 5 Item # 5 HOME Program – Homebuyer Written Agreement Page 4 of 5 The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. Attachment number 1 \nPage 4 of 5 Item # 5 HOME Program – Homebuyer Written Agreement Page 5 of 5 ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:_________________ Augusta, GA Law Department By: ___________________________________ Date: _________________ Hardie Davis As Mayor By: ___________________________________ Date: _________________ Odie Donald II Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Attachment number 1 \nPage 5 of 5 Item # 5 Legal Administration Committee Meeting 7/14/2021 11:00 AM HCD_ Laney Walker/ Bethlehem Homebuyer Subsidy Contract (1) Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve Housing and Community Development Department’s (HCD's) contract between HCD and Terencce Walker for the down payment subsidy assistance for one (1) single-family housing unit identified as 924 Boyd Lane. (Requested by the Administrator) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This request involves the homebuyer subsidy for one (1) single-family housing unit within the Laney Walker/Bethlehem area identified as 924 Boyd Lane. Analysis:The approval of the contract will allow for the homebuyer to receive the down payment subsidy. Financial Impact:HCD will use Laney Walker/Bethlehem Project Funds for the homebuyer subsidy: GL Code: 298-077340-5211119 (Other Official/Admin.) Down payment subsidy amount: $8,478.00 Alternatives:Do not approve HCD's Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) contract between HCD and Terrance Walker for the down payment subsidy assistance for one (1) single-family housing unit identified as 924 Boyd Lane. HCD will utilize Laney Walker/Bethlehem Bond Financing funds towards the homebuyer subsidy. Cover Memo Item # 6 Funds are Available in the Following Accounts: Laney Walker/Bethlehem Project funds GL Code: 298-077340- 5211119 (Other Official/Admin.) REVIEWED AND APPROVED BY: Cover Memo Item # 6 HOMEBUYER – TERRANCE WALKER LWBR Program – Homebuyer Written Agreement Page 1 of 5 LANEY WALKER/BETHLEHEM REVITALIATION PROJECT SUBSIDY PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Laney Walker/Bethlehem Revitalization Project Subsidy Program (LWBR Subsidy Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this __ day of ____________, 2021 by and between HOMEBUYER hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT (HCD) having its principal office at 510 Fenwick Street, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described; Map Parcel #059-2-761-00-0 identified as 924 Boyd Lane. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Eight thousand four hundred seventy-eight dollars and 00/100 ($8,478.00.00), subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the Augusta Housing and Community Development Subsidy Program via the Laney Walker/Bethlehem Revitalization Project (hereafter “LWBR Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following LWBR Program Restrictions imposed on them for the assistance provided: Attachment number 1 \nPage 1 of 5 Item # 6 HOMEBUYER – TERRANCE WALKER HOME Program – Homebuyer Written Agreement Page 2 of 5 Affordability Period You must comply with the LWBR Program’s period of affordability. The period of affordability for the home will be for the term of the loan (30 years), based on the amount of the direct subsidy to the HOMEBUYER. During this 30-year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all LWBR funds that were provided for the purchase of the home to be repaid to the City, including principal, interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $195,000.00. . Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay any amount that has not yet been forgiven, as set forth in Section 5 of the AGREEMENT, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth in Section 7 below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct LWBR subsidy if the LWBR recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: Attachment number 1 \nPage 2 of 5 Item # 6 HOMEBUYER – TERRANCE WALKER HOME Program – Homebuyer Written Agreement Page 3 of 5 ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded north of Perry Avenue, south of Laney Walker Boulevard, east of R.A. Dent, and west of James Brown Boulevard. Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with LWBR funds for the duration of your Forgiveness Loan. Use of LWBR funds The HOMEBUYER agrees that the LWBR assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary, to protect the LWBR Program investment. Property standards Pursuant to LWBR Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause Attachment number 1 \nPage 3 of 5 Item # 6 HOMEBUYER – TERRANCE WALKER HOME Program – Homebuyer Written Agreement Page 4 of 5 In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Lead Requirement I understand that my house was built/or not built before 1978. I am in receipt of the “Protect Your Family from Lead in Your Home Booklet” and discussed with the staff of Housing and Community Development. __________Buyer Initials Homeowner’s house was built before 1978 and has received a Lead Inspection Report. _________Buyer Initials Attachment number 1 \nPage 4 of 5 Item # 6 HOMEBUYER – TERRANCE WALKER HOME Program – Homebuyer Written Agreement Page 5 of 5 IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Approved as to form: _________________________ Date: _______________ Augusta, GA Law Department By: ___________________________________ Date: ________________ Hardie Davis Jr. As its Mayor By: ___________________________________ Date: ________________ Odie Donald, II. As its Administrator By: ___________________________________ Date: _________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Attachment number 1 \nPage 5 of 5 Item # 6