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HomeMy WebLinkAbout2025-0571 - - Contract Amendment - Burien Miller Creek - SKHHP Docusign Envelope ID: BDD573DB-56E3-4C0C-846D-DEA74800039C South King Housing and sKI .D Homelessness Partners 25 W Main Street Auburn,WA 98001 (253)931-3042 cvgoodwin@skhhp.org www.skhhp.org Contractor 511 S 136th ST LLC, as assignee of Habitat for Humanity Seattle-King County Project Title Burien Miller Creek Contract Amount$ $255,000 Contract Start Date: January 21,2025 Project Construction Completion Date: February 1,2026 Operations Start Date: December 1,2025 Contract End Date: November 30,2075 DUNS No. (if applicable) 180132706 SAM No. (if applicable) 6BU08 Federal Taxpayer ID No. 91-1342397 CONTRACT AMENDMENT THIS CONTRACT AMENDMENT (the "Amendment") is made and entered into this 5th day of December,2025 by and between the CITY OF AUBURN,as administering agency for the Cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, Renton and Tukwila (each, a "City" and collectively,the"Cities"or"Lender"),as a subset of the parties to a joint undertaking known as the SOUTH KING HOUSING AND HOMELESSNESS PARTNERS ("SKHHP"), and 511 S 136th ST LLC, a Washington limited liability company (the "Contractor"), and/or its successors or assigns, as assignee of Habitat for Humanity Seattle-King County, a Washington nonprofit corporation ("Habitat"). Contractor and Lender are collectively referred to herein as the"Parties". WHEREAS,Habitat and Lender entered into the South King Housing and Homelessness Partners Contract on or about March 13, 2025 (the "Original Contract") for an Award amount of$300,000 (the "Grant")as evidenced by a Promissory Note dated on or about March 13,2025 (the"Original Note")in the principal amount of$300,000; and WHEREAS, the Original Contract and the Original Note were assigned by Habitat to Borrower pursuant to an Assignment, Assumption and Consent Agreement dated March 13, 2025 among Lender, Habitat and Contractor; and WHEREAS, the Parties and Habitat entered into an Omnibus Amendment dated as of December 5, 2025 to amend references to SKHHP to refer to the City of Auburn, as the Administering Agency for SKHHP,on behalf of the Cities,as the Lender,and to confirm and ratify the terms of the Loan and the Loan Documents; and WHEREAS, the Lender has agreed to increase its loan by an additional $255,000 to provide additional funding to the Borrower for the Project; and NOW THEREFORE,in consideration of the foregoing and the mutual representations,warranties, covenants and conditions contained herein,the parties hereto hereby agree as follows: Docusign Envelope ID: BDD573DB-56E3-4C0C-846D-DEA74800039C 1. Amendments. (a) All references in the Original Contract to the Contract Amount of$300,000 shall be amended to refer to a Contract Amount of$555,000.00. (b) The additional $255,000 shall be awarded pursuant to legislative actions taken by the City Councils of SKHHP's Member Jurisdictions that establish the following Project funding contributions from SHB 1406 funding: City Date Amount Approximate Proportionate Share Auburn March 3,2025 $39,980 16% Burien Feb. 24, 2025 $18,950 7% Des Moines March 27,2025 $9,856 4% Federal Way April 1,2025 $38,184 15% Kent March 18,2025 $57,057 22% Normandy Park March 11,2025 $1,622 1% Renton March 24,2025 $66,616 26% Tukwila March 17,2025 $22,735 9% TOTAL $255,000 100% 2. Miscellaneous. (a) Except as specifically amended by this Amendment or any prior amendment, all other terms,conditions,and definitions of the Original Contract shall remain in full force and effect. (b) This Amendment may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this document to physically form one document. Facsimile or electronic transmissions of executed signature pages are agreed and deemed by all parties to constitute originals fully enforceable and binding upon the parties. (c) This Amendment is to be construed in all respects and enforced according to the laws of the State of Washington. [Signature Pages Follow] Docusign Envelope ID: BDD573DB-56E3-4C0C-846D-DEA74800039C Agreed to as of the date first set forth above. SOUTH KING HOUSING AND 511 S 136TH ST LLC, a Washington limited liability HOMELESSNESS PARTNERS company CITIES OF AUBURN,BURIEN,DES By: Habitat for Humanity Seattle-King County, MOINES,FEDERAL WAY,KENT, a Washington nonprofit corporation, its manager NORMANDY PARK,RENTON, and TUKWILA By: Its: By: City of Auburn, the Administering Agency pursuant to that certain Interlocal Agreement for SKHHP dated January 1, 2019 and RCW Ch By: 39.34. Its: By: FSigned by. at., Nancy Backus, Mayor Approved as to form: (—Sign.by By: I Pa_.2"'R" Paul Byrne,Deputy City Attorney [Signature Page to Contract Amendment] S-1