STATEMENT OF FACTS (cont’d) Clause Samples
The "Statement of Facts (cont’d)" clause serves to continue the listing or clarification of factual information relevant to the agreement or transaction. This section typically provides additional background details, such as dates, parties involved, or specific circumstances, that are necessary for understanding the context of the contract. By thoroughly documenting these facts, the clause ensures that all parties have a shared understanding of the situation, reducing the risk of misunderstandings or disputes about the underlying facts.
STATEMENT OF FACTS (cont’d). LMHA also proposes the provision of an admissions preference to eligible families purchasing a duplex through the REBOUND homeownership initiative.
STATEMENT OF FACTS (cont’d). The attached Proposal provides a commitment to all the LMHA Participation Goals to include utilizing LMHA’s already established outreach policies for the MBE/WBE/DBE and Section 3 requirements. The attached proposal requires a monthly reporting to LMHA for all the Participation Goal requirements for all current and future construction projects. -Except as specifically modified by the Proposal, the previously negotiated Terms and Conditions within the Second Amended and Restated Development Agreement remain in full force and effect. The attached Proposal was reviewed with the Board’s Choice Committee on December 3, 2020 and received approval for submission to the full Board of Commissioners at their regularly scheduled meeting on December 15, 2020.
STATEMENT OF FACTS (cont’d). The FY 2021 MTW Annual Plan requests HUD approval of the following MTW activities:
1. Activity #2021-1: Vision ▇▇▇▇▇▇▇: Preservation of Low-Income Homeownership Units. This proposed new activity is intended to coordinate with and support LMHA’s Choice Neighborhoods Transformation Plan for the ▇▇▇▇▇▇▇ neighborhood which includes the Beecher Terrace public housing development. Consistent with the broader mixed income housing goal, this new activity provides financial assistance to ▇▇▇▇▇▇▇ neighborhood homeowners which is a goal of LMHA and its Vision ▇▇▇▇▇▇▇ partners. This will help ensure that long-term residents can remain in the neighborhood and take advantage of the numerous community improvements that are underway or planned over the next several years. Through this MTW activity, LMHA will provide a local preference for a Housing Choice Voucher (HCV) to eligible, low-income households who meet the following criteria: currently own a home within the Vision ▇▇▇▇▇▇▇ Transformation Plan target area identified in the CNI application that was purchased prior to June 28, 2016 (i.e. submission date for the Vision ▇▇▇▇▇▇▇ CNI Implementation Grant proposal); are cost-burdened demonstrated when total homeownership costs exceed 30% of adjusted gross household income; intend to use the voucher for homeownership assistance at their existing ▇▇▇▇▇▇▇ neighborhood home; and, the household does not include a person who was an adult member of a family that previously received HCV homeownership assistance from LMHA or another PHA. LMHA will waive 24 CFR 982.207(b)(ii) in order to apply a preference to the CNI-targeted ▇▇▇▇▇▇▇ neighborhood. As this limited preference applies to certain existing low-income homeowners, LMHA will waive: • the first-time homebuyer eligibility requirement (24 CFR 982.627); • the requirement to participate in homeownership counseling before commencement of homeownership assistance (24 CFR 982.630) and replaced with a requirement that the family participate in such counseling within one year of the start of homeownership assistance; and, • the requirements for the family to hire an independent inspector and PHA approval of the contract of sale (24 CFR 982.631).
STATEMENT OF FACTS (cont’d). 1) Evidence of secured New Market Tax Credit commitment, which was secured on 10/31/2019 in the form of a term sheet from MBS Urban Initiatives, CDE.
2) Evidence of all other secured funding, and
3) Documentation that Choice Neighborhoods funds will only be used for the build-out of the leasehold spaces for neighborhood serving small businesses and non-profit service providers (not including MOLO). In addition to the original $631,000 commitment in CNI, LMHA and LMG funds, Molo Village CDC Co. had firm commitments from a variety of funders for the $7,154,191 needed to complete construction of The Village @ West Jefferson. Amendment #1 to the Memorandum of Agreement with MOLO Village CDC Co. will allow LMG to contribute an additional $30,000 in cash leverage contributions to the MOLO Village CDC’s Village @ West Jefferson project, for a total leverage contribution of $100,000. The additional leverage will close the gap in funding needed to demolish the severely distressed rear annex of St. Peter’s United Church of ▇▇▇▇▇▇ (UCC). St. Peter’s UCC is providing $118,356 towards the cost from general funds, and $65,000 is pending from philanthropic foundations to raise the total $213,356 needed for demolition. The demolition will make way for needed community amenities to bring in two significant tenants – Head Start services, and a Credit Union. Once the rear annex is demolished, MOLO Village CDC can proceed with the construction of a playground for students, and a drive-up ITM for the Credit Union.
STATEMENT OF FACTS (cont’d). When evaluating existing units that the Housing Authority is considering project-basing, propose that LMHA may inspect a selection of units, instead of all units, before the proposal selection date. LMHA will inspect all units before executing a HAP contract to ensure they fully comply with Housing Quality Standards (HQS). • Update Housing Choice Voucher Program HUD-held reserve commitments as follows: The required Certifications of Compliance are provided as Attachment A to this resolution. The full text of the FY 2023 MTW Annual Plan (Version 3) was made available for public comment from November 18, 2022 through December 18, 2022. A public hearing to discuss the proposed Plan was held on December 1, 2022. APPROVAL OF AMENDMENT TO FY 2023 MOVING TO WORK ANNUAL PLAN (APPROVAL OF VERSION 3)
STATEMENT OF FACTS (cont’d). Permit Project-Based Voucher units to “float” within a development. • Allow, at LMHA’s sole discretion, pre-qualifying unit inspections of Project- Based Voucher units. The pre-inspection will be conducted within 90 days of the participant occupying the unit. • The development of local versions of the following HUD forms: o Request for Tenancy Approval (HUD-52517) o Voucher (HUD-52646) o Utility Allowance Schedule (HUD-52667) • The addition of Public Housing units LMHA’s Board of Commissioners have approved for significant rehabilitation. • An update to the RAD Significant Amendment to include the resident rights and participation requirements found in HUD Joint Notice H 2019-09/PIH 2019-23. The required Certifications of Compliance are provided as Attachment A to this resolution. The full text of the FY 2024 MTW Annual Plan (Version 3) was made available for public comment from November 16, 2023 through December 18, 2023. A public hearing to discuss the proposed Plan was held on December 4, 2023.
STATEMENT OF FACTS (cont’d). 1) operate, maintain and program the new Park once it opens, which is currently anticipated to be in June 2023, and 2) work with LMHA staff to develop ongoing maintenance and capital improvement plans and processes. LMHA will pay these costs directly using $1,940,000 in CNI Implementation grant funds, along with $9,675,000 in other funding sources including pending grant applications and HUD Section 8 reserves. The total estimated cost to develop the Park is $3,685,000. Per the IGA, LMG will pay these costs directly and LMHA and LMHADC will reimburse LMG using a $1,000,000 grant that LMHADC was awarded from the ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Foundation for the Park, and an additional $2,685,000 in other funding sources including pending grant applications and HUD Section 8 Reserves. LMHADC also plans to submit a grant application to LISC Louisville on May 31, 2022, which, if awarded, could result in funding up to $250,000 to be used towards the Park’s multi-sports play field. HUD has approved the use of CNI grant funds and Section 8 Reserve funds for these purposes. LMG, through Louisville Metro Parks, is contributing $230,000 in leverage annually for their Personnel Costs and $20,000 for Contractual Services for the Park. LMG will also directly pay for utilities and insurance coverage for the Park’s buildings and improvements, and provide grass-cutting services at both the Park and the BCC. Additionally, Louisville Metro Parks is contributing $50,000 for the initial purchase of equipment and supplies at the BCC and Park, and will purchase these items in subsequent years as needed and as funding allows. LMG will also provide funds for maintenance and capital improvements at the Park, as needed and funding permits. For the BCC’s estimated operational costs, LMHA is contributing $75,400 annually, including $54,000 for utilities, $16,000 for sprinkler, fire, and security systems, $4,200 for insurance coverage, and $1,200 for grounds maintenance beyond grass-cutting. LMHA will also provide funds for extraordinary
I. STATEMENT OF FACTS (cont’d):
STATEMENT OF FACTS (cont’d). All units will be inspected by LMHA in advance of the commencement of assistance and must comply with Housing Quality Standards (HQS). Following the initial HQS inspection, LMHA will refer the household, where appropriate and needed, to local government and other available low or no-cost programs to address needed repairs and to support energy conservation objectives.
STATEMENT OF FACTS (cont’d). Jefferson County Public Schools (JCPS) has the expertise and qualifications to oversee the development and execution of the Public Education / Outreach activity. The project will be led by the JCPS Department of Curriculum Design and Learning Innovation, which will work directly with other project partners, including the ▇▇▇▇▇▇▇ History Museum and Corn Island Archaeology. Under the Interagency Governmental Agreement (IGA), JCPS will contract with these partners and any other individuals or entities required to complete the Scope of Work. A detailed Scope of Work and Budget has been prepared and summarized below: