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HomeMy WebLinkAboutCD Village at Loch Lomond, BMR MOU Buyout Final PaymentMarina Village Associates, LLC 1999 Avenue of the Stars, Suite 2850 Los Angeles, CA 90067 (310) 824-7093 VIA E-MAIL March 25, 2021 Mr. Paul Jensen Community Development Director Ethan Guy Principal Analyst City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Re: Village at Loch Lomond, Below Market Rate (BMR) Memorandum of Understanding Modification Buyout Final Payment Dear Mr. Jensen, As discussed with Mr. DiPrima from our organization, the payment language in our executed Memorandum of Understanding (MOU), Article I, Section 1. c. and Section 3 note the Developer will make the final payment for the BMR Buyout by March 31, 2021, and as you are aware, MARINA VILLAGE ASSOCIATES, LLC (MVA) has enter into an agreement with Trumark Homes to purchase the remaining residential lots within the Village at Loch Lomond, which we believe will greatly benefit the City and community through an expedited path for completion of the homes at the Village of Loch Lomond community. As part of the negotiated Purchase and Sale Agreement, a portion of the final BMR Buyout payment proceeds, will be paid from the release of deposits per that agreement, which is now scheduled to be released on or before Friday April 9, 2021, which would then allow for a project closing between both parties on or before April 28, 2021. MVA also understands the importance of the City being able to start some of their proposed supplemental affordable housing projects and potentially obtaining matching funding for these projects, and in no way wants to delay our final payment. Additionally, MVA understand Recordation of the BMR agreement amendment will only occur once the full BMR "Buyout Amount" of $3,686,400.00 is received by the City. MVA respectfully requests, a small extension of the second and final payment of a few weeks, and would agree to issue to the City the Final Payment on or before April 16, 2021, and respectfully requests the City upon receipt of that payment, Record by weeks end, the agreements, which would then facilitate the required clearing of Title for the remaining 6 BMR units buyout, and allow the closing of the project to Trumark Homes by the following week April, 24, 2021. Re: Village at Loch Lomond, Below Market Rate (BMR) Memorandum of Understanding Modification Buyout Final Payment Marina Village Associates, LLC 1999 Avenue of the Stars, Suite 2850 Los Angeles, CA 90067 (310) 824-7093 I would like to personally thank you in advance for all your continued help and support with this project, and with the sale of this community, and with this request. In agreement of this extension of time for final payment, both Marina Village Associates, LLC (MVA) and the City of San Rafael (The City) agree to the revised terms and clarification for Article 1, Section 3, (for a two-week extension) as noted in this letter dated March 25, 2021, and agree to the changes, which are hereby acknowledged and accepted by both The City and MVA as executed below. IN WITNESS WHEREOF, the parties have executed this Village at Loch Lomond, Below Market Rate (BMR) Memorandum of Understanding Buy o al Payment Revised MOU as of the day, month and year first above written. CITY OF SAN RAFAEL am ATTEST: r LINDSAY LARA, City Clerk APPROVED AS TO FORM: 2"'�lvl wjdl - bL ROBERT F. EPSTEIN, djy Attorney MARIN VILLA ASSOCIATES, LLC A Dela are ii ed iiabi ity company By: — - -- Name: Michael Rosenfeld Title: Authorized Signatory 2 Re: Village at Loch Lomond, Below Market Rate (BMR) Memorandum of Understanding Modification Buyout Final Payment � 2 h frN WITH P`� h CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Paul Jensen Extension: 415-485-5064 Contractor Name: Marina Village Associates, LLC Contractor's Contact: Tom DiPrima Contact's Email: thomas@woodridgecapital.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DEPARTMENT 1 Project Manager 2 1 City Attorney 3 1 Department Director 4 [ Project Manager 5 Project Manager ` PRINT 6 Project Manager 7 City Attorney 8 City Attorney 9 City Manager/ Mayor 10 1 City Clerk DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement LMPLETED DATE NA 4/5/2021 Click here to enter a date. Click here to enter a date. Click or tap to enter a date. Click here to enter a date. ❑ N/A Or Click here to enter a date. Review and approve insurance in PINS, and bonds W-5 `�sj� (for Public Works Contracts) '7 Agreement executed by City Council authorized �10 official Attest signatures, retains original agreement and 'A forwards forwards copies to Project Manager , REVIEWER Check/Initial ❑X PJ El El