Amendment to City Restrictions - North Commons v3-FINAL.docx{00063645 2}
Contract: #35-21-1
Contract: #225-20-1
North Commons, Village Hill Affordable Housing
AMENDMENT TO GRANT AGREEMENTS
This AMENDMENT TO GRANT AGREEMENTS is made this 13th 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, 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
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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 loan
subordinations will be requested or expected. 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
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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
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10/19/2020 | 1:51 PM PDT
10/19/2020 | 5:02 PM EDT
10/20/2020 | 10:46 AM EDT
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