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HomeMy WebLinkAboutResolution - 2025-R0351 - Amendment No. 2 ARPA Funding Agreement 16514, Affordable Housing Dev. - 07/25/2025Resolution No. 2025-R0351 Item No. 6.24 July 22, 2025 RESOLUTION BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 2 to the ARPA funding agreement Contract No. 16514 for infrastructure to support an affordable housing development by and between the City of Lubbock and MBE 3, LLC, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on _ July 22, 2025 �~ MARK W. MCBRAYER, MA YOR A TEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: � � Bill How on, Deputy Cit anager � APPROVED AS TO FORM: Matt e, City Attorney ccdocslllRES.Amend #2 ARPA MBE 3 July 22, 2025 Resolution No. 2025-R0351 Amendment No. 2 Agreement Between The City of Lubbock, TX And MBE 3, LLC This is Amendment No. 2 to the ARPA Funding Agreement for Infrastructure Construction (the "Agreement") Contract No. 16514 dated and entered into on the 26th day of April, 2022, Contract No. 16514, by and between the City of Lubbock (the "City") and MBE 3, LLC (the "Subrecipient"), collectively (the "Parties"). The Subrecipient is building infrastructure that will support a new affordable housing development for populations disproportionately impacted by the COVID-19 Pandemic to be located within a qualified census tract (the "Project"). In order to assist Subrecipient expedite the construction process, and in turn make readily available the housing to be supported by the Project, the City and Subrecipient now enter into this Amendment. NOW THEREFOR�, for good and valuable consideration the sufficiency of which is agreed to hereby, the Parties enter into this amendment and agree as follows: 1. Article III "Conveyance of ARPA Grant Funds", Section 2 of the Agreement is hereby amended by deleting Section 2 in its entirety and replacing it with the following: 2. As Subrecipient obtains building permits from the City for the construction of the first thirty-three (33) single-family residences to be marketed and sold as owner occupied affordable housing in the area described herein, the City shall disburse nine thousand four hundred seventy dollars and NO/100 ($9,470.00) per permit as the permits are obtained by the Subrecipient; and 2. Article III "Conveyance of ARPA Grant Funds", Section 3 of the Agreement is hereby amended by deleting Section 3 in its entirety and replacing it with the following: 3. The final balance of two hundred eighty-eight thousand eight hundred seventy-eight and 571100 Dollars ($288,878.57) shall be disbursed to the Subrecipient in increments of fourteen thousand four hundred ninety-three and 931100 Dollars ($14,493.93) per house, up to twenty (20) houses, as Subreceipient completes each house and successfully passes a final inspection for each house by the City. All other terms of the Agreement, as previously amended, not specifically amended by Amendment No. 2 shall remain in full force and effect and are not altered herein. IN WITNESS HEREOF, the parties have executed this Agreement as of this 22nd day of .Tulv 2025. Page l of 2 CITY OF LUBBOCK � � ARK W. MCBRAYER, MA R ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: �..� � Bill Ho erton, Deputy C' ttorney APPROVED AS TO FORM: ^� � �� Mat Wade, City Attorney MBE 3, LLC 1 Wil , Owner Page 2 of 2