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DocuSign_[FY21]_TCB ContractMayor’s/CP docs/Procedures/VENDOR.COVER SHEET.UPDATED.6-02 cp City of Northampton Vendor Contract Cover Sheet (To Accompany All City Contracts to City Auditor, Purchasing and Mayor’s Office) 1. Department and/or Division Name: 2. Vendor Name: 3. Munis Vendor I.D.#:____________ Department Contract # (if any): 5. Source and Amount of Funds: Please Fill in Below Source: (Please check all that apply) Account Name: Account Number: Amount: Total Per Source Budget: Total of Contract 5. Period of Contract Coverage (If Applicable) 6. Brief Description of Goods and/or Services being provided (e.g., Is this a part of a larger project, stand alone, or is it an amendment to a contract?): 7. Does the vendor have a Northampton Office: ____ Yes _ No (if local) Taxes owed: ____ Yes ____ No 8. Please list time and dates that contracts were delivered: Signature Date Department Head, _____________ Auditor, Joyce Karpinski Chief Procurement Officer, Joe Cook _____________________ _____________________ Finance Director, Susan Wright Mayor David J. Narkewicz: Contract #: DocuSign Envelope ID: 61871D82-5504-4ABA-BC6B-AF0722A2F14B X TO 12/31/2020 Wayne Feiden 10/23/2020 | 7:31 AM EDT Planning & Sustainabiity Planning & Sustainabiity NO COST CONTRACT AMENDMENT Planning & Sustainabiity NO COST AMENDMENT to contracts #35-21 and 225-20. This replaces an amendment signed three days ago, since deleted from DocuSign, because TCB requested a language amendment suggested by Alan Seewald X 10/23/2020 | 12:19 PM EDT 10/23/2020 | 12:21 PM EDT 10/23/2020 | 4:52 PM EDT 10/24/2020 | 7:41 AM EDT 35-21-1 AND 225-20-1 {00063645 2} Contract: #35-21-1 Contract: #225-20 North Commons, Village Hill Affordable Housing AMENDMENT TO GRANT AGREEMENTS This AMENDMENT TO GRANT AGREEMENTS is made this 21st day of October, by and between the City of Northampton, acting through its Community Preservation Committee (“City CPA”); the City of Northampton, through its Office of Planning & Sustainability (“City CDBG”, together with the City CPA, the “City”) with an address of 210 Main Street, Room 11, Northampton, Massachusetts 01060 and The Community Builders, Inc., (“TCB”), with an address of 31 Trumbull Road, Northampton, MA 01060. WHEREAS: Community Development Block Grant Subrecipient Agreement #225-20 between the City and TCB (“Contract #225-20”) required a certain affordable housing restriction to encumber the properties at 35 Village Hill Road, Northampton and at North Commons, 140 Olander Drive, Northampton, as a condition of TCB’s receipt of certain CDBG funds; and WHEREAS: Contract for North Commons at Village Hill #35-21 between the City and TCB (“Contract #35-21”, and together with Contract #225-20, the “Contracts”) required a certain affordable housing restriction to encumber the property at North Commons, 140 Olander Drive, Village Hill Northampton (“North Commons”), as a condition of TCB’s receipt of certain CPA funds; and WHEREAS: Contract #225-20 required that an affordable housing restriction be entered into with respect to North Commons which “may not be subordinate to any other project financing other than state and federal AHRs”, and as such, survive foreclosure; and WHEREAS: Contract #35-21 required that an affordable housing restriction be entered into with respect to North Commons which “shall be senior to other mortgages or notes on the property”, and as such, survive foreclosure; and WHEREAS: The affordable housing restriction to be recorded for North Commons to satisfy the terms of the Contracts will be in the form of a “MassDocs” Affordable Housing Restriction (the “Restriction”) as required by and for the benefit of the following holders: The Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development having a mailing address of 100 Cambridge Street, Suite 300, Boston, Massachusetts 02114-2524 ("DHCD"); The Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development under the Affordable Housing Trust Fund Statute, M.G.L. c. 121D, by the Massachusetts Housing DocuSign Envelope ID: 61871D82-5504-4ABA-BC6B-AF0722A2F14B {00063645 2} Finance Agency ("MHFA"), as Administrator, having an address at One Beacon Street, Boston, Massachusetts 02108 ("AHT"); Community Economic Development Assistance Corporation, a body politic and corporate, duly organized and existing in accordance with Chapter 40H of the Massachusetts General Laws with an office at 18 Tremont Street, Suite 500, Boston, Massachusetts 02108 ("CEDAC"); the Department of Mental Health of Executive Office of Health and Human Services, established pursuant to M.G.L. c. 19, with a mailing address of 25 Staniford Street, Boston, Massachusetts 02114 (“DMH”); the Department of Developmental Services of the Executive Office of Health and Human Services, established pursuant to M.G.L. c. 19B, with a mailing address of 500 Harrison Avenue, Boston, Massachusetts 02118 (“DDS”); the Executive Office of Health and Human Services, with a mailing address of One Ashburton Place, 11th Floor, Boston, Massachusetts 02108 (“EOHHS”); the Massachusetts Rehabilitation Commission, with a mailing address of Administrative Offices, 600 Washington Street, Boston, Massachusetts 02111 (“MRC”); and the City, which Restriction shall reflect the requirement that the City’s affordability restrictions on North Commons shall be in effect for 99 years; WHEREAS: TCB has requested and the City has agreed to modify the terms of Contract #35 - 21 and Contract #225-20 to allow for the subordination of the Restriction to certain approved senior mortgage financing, the terms of which financing provides that under certain circumstances, the holders of said mortgage financing may foreclose on the North Commons project and terminate the Restriction. NOW, THEREFORE, The CITY and TCB agree that, notwithstanding any terms to the contrary in the above-referenced Contract #225-20 and Contract #35-21, said Contracts are hereby modified to provide that the Restriction may be subordinate to the mortgage securing the Santander Bank, N.A. construction loan for the North Commons project and to the mortgage securing the Massachusetts Housing Financing Agency permanent loan for the North Commons project, with the understanding that upon permanent financing no additional or alternative loan subordinations will be requested or expected, or granted. TCB covenants and agrees that no proceeds from the CPA Grant pursuant to Contract #34-21 shall be used for acquisition purposes. Except as modified herein, a ll other terms, certifications and assurances of Contract #225- 20 and Contract #35-21 shall remain in effect. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: 61871D82-5504-4ABA-BC6B-AF0722A2F14B {00063645 2} IN WITNESS WHEREOF, the parties have caused this Amendment to Grant Agreements to be executed on the day and year first written above. SUBRECIPIENT: The Community Builders, Inc.: By: _________________________ Rachana Crowley, Authorized Signatory CITY OF NORTHAMPTON: Wayne Feiden, FAICP, Director of Planning & Sustainability Joyce Karpinski, City Auditor, as to appropriation Joe Cook, Chief Procurement Officer, as to c. 30B compliance David J. Narkewicz, Mayor DocuSign Envelope ID: 61871D82-5504-4ABA-BC6B-AF0722A2F14B 10/23/2020 | 4:30 AM PDT 10/23/2020 | 7:31 AM EDT 10/23/2020 | 12:19 PM EDT 10/23/2020 | 12:21 PM EDT 10/24/2020 | 7:41 AM EDT Certificate Of Completion Envelope Id: 61871D8255044ABABC6BAF0722A2F14B Status: Completed Subject: DocuSign: [FY21] Contract for Signature from Wayne Feiden Source Envelope: Document Pages: 4 Signatures: 10 Envelope Originator: Certificate Pages: 6 Initials: 0 Wayne Feiden AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 210 Main Street Northampton, MA 01060 wfeiden@northamptonma.gov IP Address: 73.159.213.190 Record Tracking Status: Original 10/23/2020 6:54:42 AM Holder: Wayne Feiden wfeiden@northamptonma.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Northampton Location: DocuSign Status: Original 10/23/2020 7:04:36 AM Holder: City Signatures Processing cpo@northamptonma.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Northampton Location: DocuSign Signer Events Signature Timestamp Rachana Crowley RCrowley@tcbinc.org Authorized Agent On behalf of a to-be-formed LLC Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.143.82.188 Sent: 10/23/2020 7:04:35 AM Viewed: 10/23/2020 7:29:55 AM Signed: 10/23/2020 7:30:21 AM Electronic Record and Signature Disclosure: Accepted: 7/30/2020 10:44:52 AM ID: 48eddf1c-f9da-429b-bba3-e78a914e055e Company Name: City of Northampton Wayne Feiden wfeiden@northamptonma.gov Planning Director City Of Northampton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.159.213.190 Sent: 10/23/2020 7:30:23 AM Viewed: 10/23/2020 7:31:05 AM Signed: 10/23/2020 7:31:37 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Joe M. Cook jcook@northamptonma.gov Chief Procurement Officer City of Northampton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.235.91.10 Sent: 10/23/2020 7:31:39 AM Viewed: 10/23/2020 12:16:20 PM Signed: 10/23/2020 12:19:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Annmarie Baron abaron@northamptonma.gov City of Northampton Signing Group: Auditor Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.235.91.10 Sent: 10/23/2020 12:19:04 PM Viewed: 10/23/2020 12:20:48 PM Signed: 10/23/2020 12:21:25 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Susan Wright swright@northamptonma.gov Finance Director City of Northampton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.235.91.10 Sent: 10/23/2020 12:21:28 PM Viewed: 10/23/2020 4:52:43 PM Signed: 10/23/2020 4:52:48 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign David Narkewicz dnarkewicz@northamptonma.gov Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.192.1.88 Signed using mobile Sent: 10/23/2020 4:52:51 PM Viewed: 10/24/2020 7:41:18 AM Signed: 10/24/2020 7:41:47 AM Electronic Record and Signature Disclosure: Accepted: 5/14/2020 9:46:46 AM ID: 8ee9b135-c0a9-41a1-92dd-6af7a42f9411 Company Name: City of Northampton Joe Cook jcook@northamptonma.gov Chief Procurement Officer City of Northampton Signing Group: CPO Group Security Level: Email, Account Authentication (None) Completed Using IP Address: 50.235.91.10 Sent: 10/24/2020 7:41:50 AM Viewed: 10/26/2020 11:35:09 AM Signed: 10/26/2020 11:35:32 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/24/2020 7:41:50 AM Certified Delivered Security Checked 10/26/2020 11:35:09 AM Signing Complete Security Checked 10/26/2020 11:35:32 AM Completed Security Checked 10/26/2020 11:35:32 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Northampton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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