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HomeMy WebLinkAboutContract 62420-A1CSC No. 62420-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT ("CSC") NO. 62420 This First Amendment ("Amendment") is entered into by and between CITY OF FORT WORTH, a Texas municipal corporation ("City"), and COLUMBIA RENAISSANCE SQUARE III, LP, a Texas limited partnership ("Partnership"). The effective date of this Amendment is July 18, 2025 ("Amendment Effective Date"). RECITALS WHEREAS, City and Partnership entered into that American Rescue Plan Act ("ARPA") Agreement, CSO No. 62420, having an effective date of December 27, 2024 (the "Contract") to provide ARPA funds to support the development of a new affordable multifamily development consisting of approximately 100 units to be located at 2757 Moresby Street commonly known as Columbia Renaissance Square III ("Project"); and WHEREAS, the City earmarked a total of $1,500,000 of awarded ARPA funds for the construction of ten (10) Deeply Affordable and Permanent Supportive Housing units for the Project; and WHEREAS, the Partnership has requested a revision to the definition of Deeply Affordable Units to be raised from 30% AMI to 50% AMI if certain conditions occur in the future; and WHEREAS, City and Partnership wish to enter into this Amendment to: (i) revise the definition for Deeply Affordable Unit; and (ii) amend the Project Summary and Scope of Work; and NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, City and Partnership hereby agree as follows: 1. Recitals: The above recitals are true and correct and incorporated into this Amendment by reference. 2. Definitions: Any capitalized terms not defined in this Amendment shall have the meaning given to such terms in the Original Contract. 3. Amendment One: In Section 2, Definitions, amend the definition for Completion Deadline and Deeply Affordable Unit as follows: Completion Deadline means April 1, 2027 Deeply Affordable Unit means a housing unit reserved for an individual whose income does not exceed more than 30% of the Area Median Income (AMI); however, in the event an Agreement to Enter into a Housing Assistance Payment Contract (commonly referred to as "AHAP Agreement") to receive expected federal rental OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX assistance to support the Project is not executed on or about July 1, 2026, the definition of Deeply Affordable Unit shall be expanded to include units reserved for an individual whose income does not exceed more that 50% of the AMI. 4. Amendment Two: Exhibit A, Project Summary and Scope of Work shall be substituted with the attached Exhibit A. 5. Full Force and Effect: Except as specifically modified by this Amendment all other provisions of the Original Agreement remain in full force and effect. To the extent of any conflict between the provisions of the Original Agreement and this Amendment, the provisions of this Amendment shall control. 6. Authority: City and Partnership represent and warrant to the other that such party has the full right, power, and lawful authority to enter into, execute, and perform under this Amendment and that such actions do not violate any other agreement, covenant, or restriction placed upon such party. City and Partnership further represent and warrant to each other that the person signing this Amendment on its behalf has been duly authorized to do so. 7. Governing Law: This Amendment shall be governed by the laws of the State of Texas. 8. Binding Effect: This Amendment shall be binding upon, and shall inure to the benefit of, City, Partnership, and their respective successors or assigns. 9. Headings: The headings contained in this Amendment are for convenience of reference only and shall not be construed as limiting or defining in any way the provisions of this Amendment. 10. Counterpart: This Amendment may be executed in multiple counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. The signatures of each party hereto need not appear on each counterpart hereof, provided the signature appears on an identical counterpart. Any signature delivered by facsimile or other form of electronic transmission, including an email with a .pdf attachment, shall be considered an original signature by all parties. [Remainder of page intentionally left blank. Signatures on following page(s)] IN WITNESS WHEREOF, City and Partnership have executed this Amendment as of the Amendment Effective Date. City of Fort Worth: By: Name: Dana Burghdoff Title: Assistant City Manager Date: PARTNERSHIP: COLUMBIA RENAISSANCE SQUARE III, LP, a Texas limited partnership By: Columbia Renaissance Square III Partners, LLC, a Georgia limited liability company, its general partner By: Name: Cann(h�Chubb Title: President Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Kaeey Bess Title: Director, Neighborhood Services Approved as to Form and Legality: By: Name: Leslie Hunt Title: Senior Assistant City Attorney Contract Authorization: M&C: 25-0585 First Amendment to CSC 62420 — ARPA FUNDS Columbia Renassance Square 111, LP 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. By: Name: Chad LaRoque Title: Housing Development Manager City Secretary: By: Name: Jannette S. GoodaIl Title: City Secretary IN WITNESS WHEREOF, City and Partnership have executed this Amendment as of the Amendment Effective Date. City of F rt Worth: By: WX N WV �1aa: Dana Burghdoff T' Assistant Cit Manager V� yt Date: 11I PARTNERSHIP: COLUMBIA RENAISSANCE SQUARE III, LP, a Texas limited partnership By: Columbia Renaissance Square III Partners, LLC, a Georgia limited liability company, its general partner By: Name: Carmen Chubb Title: President Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name:qk Title: Director, Neighborhood Services Approved as to Form and Legality: By: Name: Leslie Hunt Title: Senior Assistant City Attorney Contract Authorization: M&C: 25-0585 First Amendment to CSC 62420 — ARPA FUNDS Columbia Renassance Square III, LP 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. t-, � By: Chad LaVoque (Jul 16, 202510:29 CDT) Name: Chad LaRoque Title: Housing Development Manager City Secretary: ppoFT u Qowo°°Po,O.aA le° 0MI" (\/J pdOp �XaSaa By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" PROJECTSUMMARY AND SCOPE OF WORK COLUMBIA RENAISSANCE SQUARE III Capitalized terms not defined herein shall have meanings assigned to them in the Contract. PROJECT DESCRIPTION: Partnership will use American Rescue Plan Act ("ARPA") funds for the development of ten (10) Affordable Units with a Good Faith Effort goal to add Permanent Supportive Housing ("PSH") Units, as available, to be located at Columbia Renaissance Square III, an affordable housing development. The Project will have a total of approximately 100 units all of which are affordable, targeting different income brackets for those earning no more than 80% of the Area Median Income (AMI). Ten (10) units are set aside as Deeply Affordable Units. The development will consist of 30 one -bedroom, 40 two -bedroom, and 30 three -bedroom units with community and activity space including a business center and landscaped courtyards. Residents of the Project will receive free membership to the nearby YMCA and priority enrollment to Uplift Mighty Charter School. Columbia Renaissance Square III is located at 2757 Moresby Street, Fort Worth, Texas 76105. SCOPE OF WORK: • The ARPA funds are to be used to support the construction of the ten (10) Deeply Affordable Units within Columbia Renaissance Square III as well as to support and PSH Units added to the Project under the Good Faith Effort goal. The Affordable and PSH Units are to be indistinguishable in unit amenities and finishes from all other units. Partnership will be entitled to submit Reimbursement Requests until 30 days after the Completion Deadline. SPECIFIC PURPOSE: The specific purpose of this project is to benefit low income and Chronically Homeless households by providing them with affordable housing. PROJECT OBJECTIVES: The Project will support the need for the construction of 100 affordable housing units: ten (10) units will meet the definition of Deeply Affordable Unit, as modified and defined by the First Amendment to City Secretary Contract No. 62420, 29 units for those earning up to 50% Area Median Income (AMI), 41 units for those earning between 51 % and 60% AMI, 11 units for those earning between 61%-70% AMI, and 9 units for those earning between 71% and 80% AMI. M&C Review Page 1 of 2 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas Fa REFERENCE **M&C 25- 19COLUMBIA RENAISSANCE DATE: 6/24/2025 NO.: 0585 LOG NAME: III ARPA CONTRACT AMENDMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize the City Manager to have Discretion to Amend a Contract with Columbia Renaissance Square III, LP to Modify Affordable Housing Requirements Deemed Necessary to Enable Overall Project Financing RECOMMENDATION: It is recommended that City Council authorize the City Manager or his designee to have discretion to amend a contract with Columbia Renaissance Square III to modify affordable housing requirements deemed necessary by the City Manager to enable overall project financing. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager or his designee to have discretion to amend City Secretary Contract No. 62420 (Contract) with Columbia Renaissance Square III, LP, to modify affordable housing requirements, for a multifamily development, Columbia Renaissance Square Phase III (Project), to the extent necessary, as determined by the City Manager, to enable project financing to be secured. The Contract provides $1,500,000.00 in American Rescue Plan Act (ARPA) funds to be used to support the Project. On November 19, 2024, through M&C 24-1025, City Council approved several financial measures to support the Project. The Project supports the City's Comprehensive Plan by providing quality, affordable housing for low- to moderate -income residents while promoting economic development and revitalization in the City. The Project is part of the Renaissance Heights Master Plan, featuring mixed - use development that includes affordable housing for seniors and families, along with retail, community services, and other amenities in Southeast Fort Worth. The Project has commitments of federal funding from various sources, including the HOME Investment Partnership Program (HOME) in the amount of $2,523,547.40, Emergency Rental Assistance 2 (ERA2) funds received from Tarrant County in the amount of $4,000,000.00, and American Rescue Plan Act (ARPA) funds in the amount of $1,500,000.00. Additionally, the Project is expected to be financed through the sale of 4\% (non-competitive) Housing Tax Credits awarded by the Texas Department of Housing and Community Affairs (TDHCA) and tax-exempt bonds issued through the Tarrant County Housing Finance Corporation. Columbia Renaissance Square III, LP (Owner) is an affiliate of Columbia Residential Communities, LLC (Developer) of Atlanta, Georgia, a highly experienced multifamily tax credit developer who has owned and operated over 34 developments throughout the country. They currently own and operate the two other affordable developments at this site - Columbia Renaissance Square Phase I and Columbia Renaissance Square Phase II. The Project will complete the multifamily component of the Renaissance Heights Master Plan. Columbia Renaissance Square Phase III is expected to consist of 100 new and affordable housing units targeting different income brackets. Of the 100 new and affordable housing units, at least 10 units were originally planned to be designated as `deeply affordable' for individuals earning at or below 30\% of the Area Median Income (AMI). The remaining units are expected to consist of 29 units for those earning between 31\% and 50 http://apps.cfwnet.org/council_packet/mc review.asp?ID=33446&councildate=6/24/2025 7/3/2025 M&C Review Page 2 of 2 \% AMI, 41 units for those earning between 51\% and 60\% AMI, 11 units for those earning between 61-70\% AMI, and 9 units for those earning between 71\% and 80\% AMI. Due to uncertainty surrounding future federal funds expected to benefit the Project, one of the Project's primary lenders (Citibank) requires Developer to have flexibility when it comes to the affordable housing composition of the Project. To ensure Developer can close on financing prior to its bond allocation deadline of July 25, 2025, the City Manager requests the discretion to authorize modifications to the Contract's affordable housing requirements. Specifically, a decrease in the number of units that the City requires be designated as "deeply affordable" — i.e., for individuals earning at or below 30\% AMI. Such a modification will not be needed if future federal funding is received as expected. However, if the expected, future federal funding is not received to benefit the Project, the amendments to the Contract will be needed. This Project is located in Council District 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FRAM Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Dana Burghdoff (8010) Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Form 1295 Certificate ARPA.Ddf (CFW Internal) Form 1295 Certificate ERA-2.Ddf (CFW Internal) Form 1295 Certificate HOME.Ddf (CFW Internal) Kacey Bess (8187) Chad LaRoque (2661) Dyan Anderson (7398) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33446&councildate=6/24/2025 7/3/2025 FORT WORTH Routing and Transmittal Slip Neighborhood Services Department DOCUMENT TITLE: _FIRST AMENDMENT TO CITY SECRETARY CONTRACT ("CSC") NO. 62420 M&C 25-0585 CPN CSO # 62420 DOC# DATE: TO: INITIALS DATE OUT 1. Dyan Anderson Q'T71, 1 1J J u16, 202510.2T CDT) 07/16/2025 2. Chad LaRoque +t-, 9AX- Ch ad La Voque (Jul 16, 202510:29 CDT) 3. Kacey Bess Signed 07/15/2025 4. Leslie L. Hunt Signed 07/15/2025 5. Dana Burghdoff Signed 07/15/2025 6. Ronald Gonzales 07/16/2025 7. Jannette Goodall A 07/16/2025 8. Allison Tidwell DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: X Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: XYes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information x Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs X Attach Signature