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HomeMy WebLinkAbout24-1645Docusign Envelope ID: DDAF69D9-38F44D5E-831F.9DCB17DC417B ORDINANCE NO. 24- 1645 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE FUNDING AGREEMENT BETWEEN THE CITY AND DENTON AFFORDABLE HOUS[NG CORPORATION APPROVED BY CITY COUNCIL ON OCTOBER 17, 2023; SAID FIRST AMENDMENT TO EXTEND THE PROJECT COMPLETION DEADLINE FROM AUGUST 30, 2024 TO NOVEMBER 30, 2024; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 23-1420, the City of Denton (the “City”) entered into an agreement on October 17, 2023 with Denton Affordable Housing Corporation (the “Agency'’), for costs for the rehabilitation of 3813 Camelot St, Denton, Texas, with an original project completion deadline of August 30, 2024; and WHEREAS, the Agency has not yet met their obligations in the Agreement due to delays caused by necessary changes to the design in order to meet the quality standards of the Denton Development Code and International Building Code; and WHEREAS, the City deems it necessary to extend the project completion deadline to November 30, 2024, to allow the Agency to fulfill their obligations; and WHEREAS, the City Council of the City hereby finds that amending the Agreement pursuant to Amendment 1 is in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager or their designee is hereby authorized to execute Amendment 1 to the Agreement to extend the project completion deadline and to carry out the duties and responsibilities of the City under the Agreement, as amended by Amendment 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. Th, m,ti,„ t, ,pp„„, th.i, O,di„,„„ w„ m,d, by Jo' it Ita- J and seconded by hb B y J . Theed by the following vote K - 0 ]: Page 1 Docusign Envelope ID: DDAF69D9-38F44D5E-831F-9DCB17DC417B Aye V‘ ,/‘ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: ,/ \/ ,/ ,/ P/ PASSED AND APPROVED thi, th, I_cSx d,y ,f ADSL.b 1 , 2024. Z£%/#/ '- GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY '„:7 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scott Bray, Deputy City Attorney Page 2 Page 3 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON AFFORDABLE HOUSING CORPORATION AMENDMENT 1 to Agreement This Amendment 1 to Agreement is made by and between the City of Denton (the “City”) and Denton Affordable Housing Corporation (“Subrecipient”). WHEREAS, pursuant to Ordinance No. 23-1420, the City of Denton (the “City”) entered into an agreement on October 17, 2023 with Denton Affordable Housing Corporation (the “Agency”), for costs for the rehabilitation of 3813 Camelot St, Denton, Texas, with an original project completion deadline of August 30, 2024; and WHEREAS, the Agency has not yet met their obligations in the Agreement due to delays caused by necessary changes to the design in order to meet the quality standards of the Denton Development Code and International Building Code; and WHEREAS, the City deems it necessary to extend the project completion deadline to November 30, 2024, to allow the Agency to fulfill their obligations; and WHEREAS, the City Council of the City hereby finds that amending the Agreement pursuant to Amendment 1 is in the public interest; NOW THEREFORE, in consideration of good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and Subrecipient agree as follows: 1. The final paragraph of Attachment A of the Agreement is hereby stricken and replaced with the following: “Construction Schedule: The construction schedule approved pursuant to Section 8.A of this Agreement, provided that the Project will be completed by no later than November 30, 2024.” 2.All other provisions, terms, covenants, duties, rights, obligations, and agreements contained in the Agreement shall remain in full force and effect. 3.This Amendment 1 to Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Docusign Envelope ID: DDAF69D9-38F4-4D5E-831F-9DCB17DC417BDocusign Envelope ID: E6135FE0-F809-49C1-9DAB-D64BC5B12412 Docusign Envelope ID: DDAF69D9-38F4-4D5E-831F-9DCB17DC417BDocusign Envelope ID: E6135FE0-F809-49C1-9DAB-D64BC5B12412 August20