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HomeMy WebLinkAbout132094 FUNDING PARTNERS FOR HOUSING SOLUTIONS INC - CONTRACT - AGREEMENT MISC - FUNDING PARTNERS FOR HOUSING SOLUTIONS INCPage 1 of 2 Amendment #01 Miscellaneous Agreement Between The City of Fort Collins and Funding Partners for Housing Solutions, Inc., (dba “Funding Partners”) a Colorado non-profit corporation This Amendment #01 (“Amendment”) is entered into by and between Funding Partners for Housing Solutions, Inc., (dba “Funding Partners”) a Colorado non-profit corporation (the “Contractor”) and the City of Fort Collins, Colorado, a municipal corporation (the “City”). WHEREAS, Contractor and the City have entered into a Services Agreement dated November 1, 2012 (the “Agreement”); and WHEREAS, the City desires to update Exhibit A-Services, Landmark Rehabilitation Loan Program to bring this portion of the Agreement up to current standards; and WHEREAS, Service Provider provided and concurs with the updated language. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree to amend page 1 of Exhibit A to read as follows: 1. EXHIBIT A – SERVICES LANDMARK REHABILITATION LOAN PROGRAM The Contractor shall provide licensed mortgage loan originator services in compliance with C.R.S. § 12-61-901 et seq. for the City’s Landmark Rehabilitation Loan Program (“Program”). For purposes of this Program, Contractor delegates all its obligations, requirements and performance standards within this Contract and Program Exhibit to its wholly-owned subsidiary Funding Partners Lending LLC (FPL), provided that Contractor remains responsible for ensuring performance of the Services in accordance with the terms of the Contract and this Exhibit. References to Contractor hereinafter shall mean Contractor through its delegee, FPL. The City will email Program applications to the Contractor along with the following documentation:  Total Program funding available for projects;  Work items and costs eligible for Program funding for each application;  Design review ranking of each application work item. The City will designate a Contact Person for this Program. Within two weeks of receiving such information from the City, the Contractor shall review the materials, approve conditional funding for each application, and notify the Contact Person of its funding decisions. If the City approves the funding decisions, the Contractor shall send written notification to each applicant of the funding decision and loan terms and conditions. The maximum loan amount that can be approved by the Contractor is $7,500. The City will pay the approved loan amount directly to the applicant. Once a project approved for funding through the Program has been completed and inspected by the City, the Contractor shall prepare a promissory note and deed of trust in accordance with the Fort Collins Municipal Code. The form of the promissory note and deed of trust shall be approved by the City of Fort Collins Attorney’s Office. Contractor will provide and coordinate presentation of all loan documents to borrower at the time of loan settlement to collect original signatures. Contractor shall retain all original documents and permanent loan file, record all appropriate documents as necessary and as the City may reasonably require, and issue release of collateral obligations for loan repayment upon final satisfaction of the promissory note. Copies of all executed loan documents will be provided to the City as supplement to the itemized transaction invoice. Public recording and other third party fees shall be assessed and collected outside of closing from the City, as detailed within a closing disclosure prepared by Contractor. Contractor is entitled to collect the following compensation to implement the described program, but shall impose DocuSign Envelope ID: 6FDEBC13-6C0C-4FF2-BA6F-1B68E78CD1BD Page 2 of 2 no other fees, charges or surcharges from the City, borrower or any other person in connection with the performance of services hereunder:  A one-time loan servicing transfer fee, assessed at $50.00 per file. Payable at the time of servicing transfer from the City to Contractor.  A loan origination fee, as disclosed within the most recently published FP Loan Fee Schedule, shall be payable by the City at time of loan closing.  Public recording fees at origination shall be payable by the City, collected at the time of related service. Deed release fees at payoff will remain the responsibility of the borrower.  An annual servicing fee for outstanding loans held in portfolio, as disclosed within the most recently published FP Loan Fee Schedule shall be payable by the City in January of each calendar year based on the City’s outstanding portfolio as of prior 12/31. First annual servicing fee to be assessed January 2018. Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement, including the remainder of Exhibit A, shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment, this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year shown. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Gerry Paul Director of Purchasing Date: _____________________ FUNDING PARTNERS FOR HOUSING SOLUTIONS, INC. a Colorado non-profit corporation By:_____________________________ Joe Rowan Director of Programs and Development Date:____________________________ DocuSign Envelope ID: 6FDEBC13-6C0C-4FF2-BA6F-1B68E78CD1BD 3/27/2017 3/27/2017