HomeMy WebLinkAboutContract 53776-A2 CSC No. 53776-A2
SECOND AMENDMENT
TO
CITY SECRETARY CONTRACT NO. 53776
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and New Leaf Community Services (hereafter "Developer") a Texas nonprofit
corporation. City and Developer shall be referred to individually as a Party and collectively as
the Parties.
WHEREAS, on July 30, 2020, the Parties entered into City Secretary Contract 53776
for Developer to use $500,000.00 of HOME Investment Partnerships Program grant ("HOME")
funds for a portion of the construction costs associated with the development of the Quail Trail
Apartments, a Permanent Supportive Housing ("PSH") project for chronically homeless
individuals with disabilities who are below 30% Area Median Income ("AMP'), for a total of 48
on-bedroom units to be located at 4444 Quail Trail, Fort Worth, Texas 76114 ("Contract");
WHEREAS, through the first amendment to City Secretary Contract No. 53776, City
and Developer agreed to amend the Contract to extend the Completion Deadline to accommodate
for the delay caused by unforeseen circumstances, including vandalism and a fire caused by a
group of trespassers, occurred on the property which interrupted and delayed the project timeline;
WHEREAS, due to market conditions, the project's Completion Deadline must be
extended one final time;
WHEREAS, City has confirmed that Developer has completed the Required
Improvements, met City and HOME standards as described in the Contract, and has requested
payment of the hold back per Section 5.4 in the Contract; and
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
I.
AMENDMENTS
A. Section 2. DEFINITIONS is amended to be and read as follows by deleting the original
of the definition shown below and substituting the following:
"Completion Deadline means October 31, 2022.
II.
EXHIBIT "C" — PROJECT AND REIMBURSEMENT SCHEDULE attached to the
Contract are hereby replaced with the attached EXHIBIT "C" PROJECT AND
REIMBURSEMENT SCHEDULE Revised 9/2022 attached hereto.
SECOND AMENDMENT to CSC NO. 53776 OFFICIAL RECORD
HOME DEVELOPER RENTAL CONTRACT CITY SECRETARY
New Leaf Community Services—Quail Trail Apartments
FT. WORTH, TX
III.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
IV.
ELECTRONIC SIGNATURE
This Amendment and Extension may be executed in multiple counterparts, each of
which shall be an original and all of which shall constitute one and the same instrument.
A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be
treated as and shall have the same effect as anoriginal.
[SIGNATURES APPEAR ON NEXT PAGE]
SECOND AMENDMENT to CSC NO. 53776 Page 2
HOME DEVELOPER RENTAL CONTRACT
New Leaf Community Services—Quail Trail Apartments
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: of this contract,including ensuring all
Name: Fernando Costa performance and reporting requirements.
Title: Assistant City Manager
Date: y-, /L,y
By: Chad Lagoque(Oct 3,2022 10:06 CDT)
APPROVAL RECOMMENDED: Name: Chad LaRoque
Title: Housing Development Manger
By: APPROVED AS TO FORM AND LEGALITY:
Name: Victor Turner
Title: Director of Neighborhood Services
ATTEST: By: Jo Gun Oct 10,202210:43 CDT)
Name: Jo Ann Gunn
Title: Assistant City Attorney
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By: Jannette S.Goodall(Oc 1010,2022t 11:48 CDT) CONTRACT AUTHORIZATION:
Name: Jannette S. Goodall M&C: C-20-0062
Title: City Secretary oag4FORr��a
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Developer: � ICY
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NEW LEAF COMMUNITY SERVICES,
a Texas nonprofit corporation
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By: R.Steve Christian(Sep 29,2022 17:11 CDT)
Name: R. Steve Christian
Title: Chair
Date:
OFFICIAL RECORD
SECOND AMENDMENT to CSC NO. 53776
HOME DEVELOPER RENTAL CONTRACT CITY SECRETARY
New Leaf Community Services—Quail Trail Apartments FT.WORTH,TX
EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE —Revised as of 9/2022
NEW LEAF COMMUNITY SERVICES
Activity HOME Funds
PHASE I Predevelopment Soft Costs $0
ACTIVITIES:
PHASE I
COMPLETE N/A $0
by: October 1 2020
PHASE II Construction Hard Costs $297,000.00*
ACTIVIITES:
Prior to Reimbursement in Phase III, Developer must
submit the contractor/subcontractor/vendor searches
PHASE II under the Federal System for Award Management
COMPLETED by: (www.sam.gov). $297,000.00*
June 1, 2021
First Payment** (project must be approx. 66%
complete)***
PHASE III Construction Hard Costs $153,000.00*
ACTIVIITES:
Prior to Reimbursement in Phase III, Developer must
submit the contractor/subcontractor/vendor searches
PHASE III under the Federal System for Award Management
COMPLETED by: (www.sam.gov). $153,000.00*
October 1, 2021
Second Payment** (project must be 100%
complete)***
PHASE IV Initial Lease-up of HOME Units $50,000.00
ACTIVITIES:
PHASE IV Prior to Reimbursement in Phase IV, the following
COMPLETED by: items must be submitted:
October 31, 2022 1. Rent Schedule for HOME Units. See Section
7.5
2. Tenant Selection Policy. See Section 7.6
3. Affirmative Marketing Plan. See Section 7.7 $50,000.00*
Prior to Reimbursement for Final Payment, Exhibit
"G" -Project Compliance Report: Rental Housing
must be submitted to City.
Final Payment" (Lease-Up of HOME Unit)**
TOTAL $500,000.00
SECOND AMENDMENT to CSC NO. 53776 Page 4
HOME DEVELOPER RENTAL CONTRACT
New Leaf Community Services—Quail Trail Apartments