HomeMy WebLinkAboutContract 52253-A1 C; C;TY SECRETARY
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o, F31W�c?-,N FIRST AMENDMENT TO Cl[TV S ECRIETARY CONTRACT NO. 52253
WHEREAS, on June 5, 2019, the City of Fort Worth ("City"),a home rule municipality
organized under the laws of the State of Texas, and Sammy G. Edmond and Ernestine Edmond,
a General Partnership dba Mama E's BBQ and Home Style Cooking, (collectively the
"Owner"), made and entered into City Secretary Contract No. 52253 ("the Contract") as
authorized by M&C C-28598, adopted by the City Council on December 4, 2018;
WHEREAS, on or about September 7, 1979, the City entered into that certain Urban
Development Action Grant Agreement with the United States Department of Housing and Urban
Development ("HUD"), UDAG Grant. No. B-79-AA-48-0013 (the "UDAG Grant
Agreement"), for use in acquiring land and constructing a parking garage located under General
Worth Park in downtown Fort Worth (City Secretary Contract No. 10610), as more specifically
set forth in the UDAG Grant Agreement. The City has leased the parking garage pursuant to and
in accordance with that certain Lease Agreement ("Parking Garage Lease") da '"on or about
May 22, 1980 by and between the City and Hunt Hotel/Fort Worth, Ltd. (City Secretary Contract
No. 11085, as amended and assigned). Rental revenues from the Parking Garage Lease are
deemed "Grant Revenues" under the UDAG Grant Agreement (the "UDAG Grant Fund
Proceeds"). The UDAG Grant Agreement allows the City to use the UDAG Grant Fund
Proceeds (now described by HUD as "miscellaneous revenue") for community or economic
development activities eligible for assistance under Title I of the Housing and Community
Development Act of 1974, 42 USC 5301 et seq., as amended (the "Act").
WHEREAS, Owner has a fee simple interest in the property located at 818 East Rosedale
Street-(the "Property"),-as more-specifically-depicted in the-Exh_ibit"A"—Map-and Property
Description attached to the Contract;
WHEREAS, the purpose of the Contract was to provide $53,000.00 in miscellaneous
revenue to renovate the facade of a restaurant located on the Property called Mama E's BBQ and
Homestyle Cooking as well as make other exterior improvements to the parking lot, perimeter,
and signage;
WHEREAS, the miscellaneous revenue expended on the project totaled $52,579.00,
which was expended on renovation of the facade and improvements made to the parking lot,
perimeter and signage of the restaurant, and included the Contractor's Fee;
WHEREAS, Owner has requested an amendment to the Completion Date and the
Completion Deadline in the Contract due to construction delays on the Project and City wishes to
amend the Contract to change the amount of miscellaneous revenue expended, to clarify and
update some terminology in the Contract and to amend Exhibit C; and
WHEREAS, the City and Owner agree that the amendment is necessary to achieve the
project's goals and that the amendment is within the scope of the project and in compliance with
City Policies and applicable laws governing the use of these federal funds.
NOW, THEREFORE, City and Owner hereby agree to amend the agreement as follows:
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Amendment No. 1 to CSC 52253 11Mama E's BBQ and Home Style Cooking UDAG Agreement
EXECUTED to be effective as of the Effective Date:
ACCEPTED AND AGREED:
CITY OF FORT
�WORTH
By:
Fernando Costa,Assistant City Manager
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Jo Ann Pate, Assistant City Attorney
� VOR.
ATTES
By:
i
City Secret
M&C: C-289 8 Date. 12/4/2018 -
Form 1295: 2018-423031
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Chad LaRoque, Housing Development and Grants Manager
MAMA E'S BBQ AND BIOME STYLE COOKING, a for-profit business
By:J AM
1,,,,QA'x �&4� By:
Ernestine Edmond, Co-Owner Sammy G dmond, Co-O ner
Date: Q Wj al 02�0�V Date: &I I
Amendment No. 1 to CSC 52253 r 04/01/20
Mama E's BBQ and Home Style Cooking UDAG Agreement _ Page 3 q
EXECUTED to be effective as of the Effective Date:
ACCEPTED AND AGREED:
CITY OF FORT WOIZ'1('H
By:
Fernando Costa, Assistant City Manager
Date:
APPROVED AS TO EBIgM AND LEGALITY:
By:C� x'Z'y As&
J Ann Pate, Assistant City Attorney
ATTEST:
By:
City Secretary
M&C: C-28938 Date. 12/4/2018
Form 1295: 20 1 8-423 03 1
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and re ortina requirements.
Chad LaRoque, Housing Development and Grants Manager
MAMA E'S BBQ AND HOME STYLE COOKING, a for-profit business
By: i ' By: .
Ernestine Edmond, Co-Owner Sammy G. dmond, Co-Owner
Date: Date:
Amendment No. 1 to CSC 52253
Mama E's BBQ and Home Style Cooking UDAG AgreementEC
F�: WORTH, ��`�
EXHORT 66C99
MAMA E'S BBQ AND HOME STYLE COOKING
DISBURSEMENT SCHEDULE REV1SED 04/2020
Milestone Payment Amount
Within 60 days of the Loan closing. $13,144.75-,-
At 25%project completion $13,141 75
(completed by September 30, 2019)
At 75%project completion $13,144.75
(completed by April 30, 2020)
Within 60 days of City's issuance of a final "pass inspection"report and $13,144.75
acceptance of a completed Exhibit"If"—Project Completion Report.
(completed by May 31, 2020)
TOTAL LOAN AMOUNT $52,579.00
rSite preparation expenses authorized or expended by the Developer before the Effective
Date are eligible for reimbursement by the City, at the City's sole discretion and will be
attributed to the performance of this Loan Agreement. No other expenses shall pre-date the
Effective Date of this Contract.
Amendment No. 1 to CSC 52253 04/01/20
Mama E's BBQ and Home Style Cooking UDAG Agreement Page 4