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HomeMy WebLinkAboutContract 45055-A1(St 0 Q4234se� * e RECEI'JED o APR 2 7 ION a. at eitC; CITY OF FORT WORTH a CITY SECRETARY y' EZ ern SECRETARY CONTRACT �. amass_ 1)65 � ErL FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45055 WHEREAS, on October 29, 2013 the City of Fort Worth ("City") and Decatur - Angle Ltd. ("Developer") made and entered into City Secretary Contract No. 45055 (the "Contract) as authorized by the City Council in M&C's C-26369 adopted on August 6, 2013, and C-26387 adopted on August 20, 2013; WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development ("HUD") through the HOME Investment Partnership Program, Catalog of Federal Domestic Assistance No. 14.239 ("HOME funds"); WHEREAS, the purpose of the Contract was to provide $1,000,000 in the form of a subordinate loan of HOME Funds for the costs of acquisition and construction of a 302- unit affordable rental housing project; WHEREAS, the Developer has requested an amendment to the Completion Deadline and dates listed on Exhibit "C" - Construction and Reimbursement Schedule due to construction delays and to complete the leasing of HOME units; and WHEREAS, it is the mutual desire of City and Developer to amend the Contract to meet Contract objectives. NOW, THEREFORE, City and Developer hereby agree to amend the Contract as follows: I. Completion Deadline means May 31, 2016 Exhibit "C" Construction and Reimbursement Schedule attached to the Contract is hereby replaced with the attached Exhibit "C" Construction and Reimbursement Schedule Revised 03/2016. II. This Amendment is effective as of the Effective Date of the Contract. III. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. SCANNED HOME DEVELOPER CONTRACT CSC No. 45055-Al Decatur -Angle Ltd. Ft, NI Pria r; `117. Page 1 Rev. 03/16 ACCEPTED AND AGREED: ATTEST: City Secretary, M&C C- 26369 Date: August 6, 2013 M&C C-26387 Date: August 20,2013 CITY OF FORT WORTH IP4 Cb "4 ��°tia0000°Q fb"(A‘ fi 1913; Srt OVED AS TO FORM AND LEGALITY: Pa ge Mebane, Assistant City Attorney I nando Costa, Assistant City Manager 412GAC DEVELOPER: DECATUR-ANGLE LTD., By: Decatur -Angle GP, LLC, its General Partner By: Fort Worth Housing Corporation, its So = ember HOME DEVELOPER CONTRACT CSC No. 45055-A1 Decatur -Angle Ltd. By: Finance Aubr ' Thagard, Assistant General Manager Date: 3/ 2 `�/201� OFFICIAL RECORD CITiTr$F4TARY Ft WORTH, TX PHASE I ACTIVITIES: PHASE I COMPLETE by: Mav 1, 2014 PHASE II ACTIVIITES: PHASE II COMPLETE by: September 1, 2014 PHASE III ACTIVIITES: PHASE III COMPLETED by: Julv 31, 2015 EXHIBIT "C" CONSTRUCTION AND REIMBURSEMENT SCHEDULE DECATUR-ANGLE LTD. Activity Acquisition Soft Costs Site Preparation (Grading) Plumbing Foundation Contractor/subcontractor/vendor searches under the Federal System for Award Management (www.sam.tov) must be submitted prior to any reimbursement under Phase I. First Payment** Construction Hard Costs Contractor/subcontractor/vendor searches under the Federal System for Award Management (www.sam.gov) must be submitted prior to any reimbursement under Phase II. Second Payment** (approx. 50% complete) Construction Hard Costs Contractor/subcontractor/vendor searches under the Federal System for Award Management (www.sam.aov) must be submitted prior to any reimbursement under Phase III. Third Payment** (approx. 75% complete) HOME DEVELOPER CONTRACT CSC No. 45055-Al Decatur -Angle Ltd. HOME Funds $500,000.00* $500,000.00* $235,000.00* $235,000.00* $235,000.00* $235,000.00* Page 3 Rev. 03/16 PHASE IV ACTIVITIES: PHASE IV COMPLETED by: May 31, 2016 TOTAL EXHIBIT "C" Initial Lease -up of HOME Units Contractor/subcontractor/vendor searches under the Federal System for Award Management (www.sam.eov) must be submitted prior to any reimbursement under Phase IV. In addition, the following items must be submitted prior to reimbursement in Phase IV: 1. Rent Schedule for HOME Units. 2. Tenant Selection Policy. 3. Affirmative Marketing Plan. Prior to Reimbursement for Final Payment, Exhibit "G" - Project Compliance Report: Rental Housing must be submitted to City. Final Payment/Holdback** $30,000.00* *Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change. $1,000,000.00 **Developer must submit Reimbursement Requests and Complete Documentation to City within 60 days from each of the deadlines above in order to be reimbursed. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. HOME DEVELOPER CONTRACT CSC No. 45055-Al Decatur -Angle Ltd. Page 4 Rev. 03/16