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HomeMy WebLinkAboutResolution Fort Worth Housing Finance Corporation (FWHFC) FWHFC-2015-05A RESOLUTION TO HIRE JOHN C. SHACKELFORD AS LEGAL COUNSEL FOR THE CORPORATION, RESERVE AT QUEBEC, LLC, AND RESERVE AT QUEBEC GP, LLC FOR THE DEVELOPMENT OF THE RESERVE AT QUEBEC APARTMENTS WHEREAS, the City Council of the City of Fort Worth (the "City") created the Fort Worth Housing Finance Corporation (the "Corporation") in 1979 pursuant to the Texas Housing Finance Corporation Act to facilitate the development of decent, safok quality, affordable, and accessible housing for low and moderate income City residents through lending and construction activities; WHEREAS, MV Residential Development, LLC ("MV"), an Ohio limited liability company and an affiliate of the Miller -Valentine Group, has 30 years' experience in multifamily housing development and has developed over 6,000 affordable housing units nationwide; WHEREAS, the Board of the Corporation has approved certain agreements witll MV for the development of the Reserve at Quebec Apartments, a mixed income multifamily rental project to be located near the intersection of Buda Lane and Northwest Centre Drive (the "project"); WHEREAS, the Corporation will create Reserve at Quebec GP, LLC, a Texas limited liability company and single purpose entity (the "GP LLC"), to be the managing member of Reserve at Quebec, LLC, the Texas limited liability company (the "Company") to be created by MV and the Corporation to construct, own and manage the project and has agreed to undertake certain other activities in connection with the development and management of the project; WHEREAS, the Corporation will be the Sole Member of the GP. LLC, and empowered to act on its behalf, WHEREAS, the Company is applying for 2015 Non -Competitive (4%) Housin't,4 Tax Credits from the Texas Department of Housing and Community Affairs an,01 multifamily bonds from the Tarrant County Housing Finance Corporation anial ?dditionally has requested City HOME funds as part of the financing for the project, WHEREAS, in order to represent the interests of the Corporation, the Gl? LLC and the Company in the development, financing, construction and management of the fliroject, it is advisable to obtain outside counsel with experience and special expertise im multifamily projects and tax credits along with the preparation of necessary documents ?nd advising on any other related issues; and • ' ',; RESOLUTIONPAGE 2 WHEREAS, the Board desires to hire John C. Shackelford as legal counsel to assist the Corporation, the Gl? LLC and the Company in connection with the development of the Reserve at Quebec • .! 1. THAT the Board approves the hiring of John C. Shackelford, Shackelford, Melton & McKinley, LLP, as legal counsel for the Corporation, the Company and the GP LLC in connection with the development of the Reserve at Quebec Apartments. 2. THAT the Board approves the payment of attoey's fees of up to $80,000.00 for the project. 3. THAT the Board approves the execution and delivery of an engagement letter with John C. Shackelford, Shackelford, Melton & McKinley, LLP, for legal services. 4. THAT Jesus J. Chapa, General Manager of the Corporation, or Cynthia Garcia, Assistant General Manager of the Corporation, are each authorized to execute and deliver the engagement letter for and on behalf of the Corporation, the Company and the GP LLC along with any related documents necessary to engage John C. Shackelford, Shackelford, Melton & McKinley, LLP, as legal counsel. 5. THAT this Resolution takes effect from the date of its adoption. By: Salvador Espino, Presi ent