1536* Miller Construction Amendment •
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TANSMITTAL MEMORANDUM h"
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MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s)noted below is/are attached and forwarded to your office for the following action(s):
n Development Order n Mayor's signature
ri Final Plat (original mylars) I I Recording
n Letter of Credit n Rendering
n Maintenance Bond I Safe keeping(Vault)
Ordinance
Performance Bond
n Resolution
EI
Once completed,please:
n Return original
Return copy
Special Instructions:
Please retain for the NSP Community Development File—Amendment to the agreement between
Miller Construction and The City of Sanford
Please advise if you have any questions regarding the above.
Thank you!
Andrew Thomas 3/5/14
From Date
\\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc
FIRST AMENDMENT TO
DEVELOPER AGREEMENT RFP-10/11-18
BETWEEN THE CITY OF SANFORD AND
MILLER CONSTRUCTION SERVICES, LLC
This First Amendment (the "First Amendment") to that Certain document styled
"NSP3 Agreement Between The City Of Sanford And Miller Construction Services, LLC"
between the City of Sanford (the "City") and Miller Construction Services, LLC (the
"Developer"), dated August 30, 2012(hereinafter referred to as the"Initial Agreement"), is
made and entered into by the City and the Developer on the last date set forth below.
RECITALS:
Whereas, the Developer and the City entered into the Initial Agreement; and
Whereas,Article VI of the Initial Agreement, and other controlling law, provides that
amendments to the Initial Agreement may on be made by formal written amendment to the
Initial Agreement to which the parties mutually agree in writing, etc.; and
Whereas,the Developer and the City entered into the Initial Agreement in order for
the Developer to collaborate with the City in the location, acquisition, rehabilitation and
resale of a minimum of 8 single family homes having at least 2 bedrooms in Neighborhood
Stabilization Program(NSP)NSP3 targeted neighborhoods within the City and for the City
to provide $553,440.00 in NSP3 funding to the Developer to carry out the Scope of
Services(as defined in the Initial Agreement)in accordance with the terms and conditions
contained therein utilizing funding received by the City from the United States Department
of Housing and Urban Development(HUD) NSP; and
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Whereas, the Developer and City desire to amend the Initial Agreement and the
City's Mortgage, Promissory Note, and Restrictive Covenants Documents pursuant to the
authority set forth in Resolution Number 12-107.D; and
Whereas, the parties are desirous of amending the Initial Agreement as set forth
herein; and
Whereas, the current status of the Initial Agreement is such that the parties are in
good standing.
Now, Therefore, in consideration of the mutual covenants and agreement herein
made and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Developer and the City agree as follows:
Section 1. Incorporation of Recitals/Covenant. The above recitals (whereas
clauses) are true and correct and are incorporated herein by reference. The Developer
covenants that the Developer shall be in full compliance with all terms and conditions of the
Initial Agreement and this First Amendment.
Section 2. Amendments to Initial Agreement. The following provision of the
Initial Agreement is hereby amended to read as follows:
With regard to Section III (A)and the"Program Budget,"the amount of NSP funding
allocated shall be changed from $553,440.00" to $575,030.30".
Section 3. Effect of First Amendment/Effect of Prior Actions/Entire
Agreement.
(a). This First Amendment shall take effect upon full execution hereof by the City
and the Developer. All other terms and conditions of the Initial Agreement shall apply and
shall remain in full force and effect and the Initial Agreement and this First Amendment to
the Initial Agreement shall be read in harmony and in pad materia. The parties ratify all
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actions taken and undertaken in accordance with their performance under the Initial
Agreement, as amended, and the Developer agrees, affirms and acknowledges that the
City is not in, nor has it been, in any form of breach of any nature whatsoever at any time
during the course of the Initial Agreement, as amended.
(b). This First Amendment is the entire agreement of the parties regarding the
modifications to the Initial Agreement provided herein, and supersedes all prior agreements
and understandings regarding such subject matter, and may be modified only by a writing
executed by the party against whom the modification is sought to be enforced, and shall
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bind and benefit the parties and their respective successor, legal representatives and
assigns.
In Witness Whereof,the Developer and the City have caused these presents to be
executed in manner and form sufficient to bind them as of the day and year first above
written.
SIGNATURE PAGE FOLLOWS
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•
tes • / Miller Co- uc '•n Service L
i u -- Number 1 Authoriz-V"-orrgigw0 icer
Or Plutho 'zee orporate Officer
Al 1r11111111111fth
Wi el- Number
Or Authorized Corporate Officer
Acknowledgment
State Of Florida )
County Of Seminole )
The foregoing instrument was sworn before me this 3 day of ary, 2014, by
240A124 /& vadt-`A-authorized corporate officer of Miller Construction Services, LLC,
who is p onally known o me or who has produced his/her drivers license (number
144- ) as identification and who did take an oath.
NOTARY PUBLIC
4;:;'; JOSHUA PA a ;.
JOSH UL F1SK `
'? MY COMMISSION#FF016675 Prinf:gr
EXPIRES May 9,2017
(407)398-0153 FlorldeNofe Service.com My commission expires on: A 2 71
Attest: City Of Sanford
04-A By:
Cynt is Porter, City Clerk Norton N. Bonaparte, Jr.
City Manager /
Date: •
For the use and reliance of City of Sanford
only. Approved as to form and legal
sufficiency.
. X111+1�t�1 (ii
Wiliam L. Colbert, pity A'/y
Lkia JL-Colbert,
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