SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
F O R M 8-K
AMENDMENT NO. 1
Current Report
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report April 20, 2000
(Date of Earliest event reported) (September 3, 1998)
BOSTON CAPITAL TAX CREDIT FUND IV L.P.
(Exact name of registrant as specified in its charter)
Delaware
(State or other jurisdiction of incorporation)
0-26200 04-3208648
(Commission File Number) (IRS Employer Identification No.)
c/o Boston Capital Partners, Inc.,
One Boston Place, Boston, Massachusetts 02108-4406
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code
(617) 624-8900
None
(Former name or former address, if changed since last
report)
Item 5. Other Events
This Current Report on Form 8-K/A amends the Current
Report on Form 8-K dated February 2, 2000 and filed on
February 3, 2000 to (i) correct the amount of the total
compensation received by the Builder for the renovation of
the Apartment Complex (as included in the last paragraph of
Item 5 of said Form 8-K) with $362,000 and (ii) include as
an exhibit the Development Agreement to which the Operating
Partnership paid the Construction and Development Fee
referred to in the fourteenth paragraph of Item 5 of said
Form 8-K.
Item 7. Exhibits
Page
(c) Exhibits.
(2) (c) Development Agreement for Lake City Limited
Partnership
Pursuant to the requirements of the Securities Exchange Act
of 1934, the registrant has duly caused this report to be
signed on its behalf by the undersigned hereto duly
authorized.
Dated: April 20, 2000
BOSTON CAPITAL TAX CREDIT
FUND IV L.P.
By: Boston Capital
Associates
IV L.P.,
its General Partner
By: C&M Associates, d/b/a
Boston Capital
Associates,
Its General Partner
By: /s/ Herbert Collins
Herbert F. Collins,
Partner
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter referred to as
the "Agreement") is made effective as of the ___ day of
______, 19 ___ by and between Home Properties of New York,
L.P. a New York limited partnership (hereinafter referred
to as the "Developer") and Lake City Limited Partnership, a
Pennsylvania limited partnership (hereinafter referred to
as the "Partnership").
WITNESSETH:
WHEREAS, the Partnership has the right to purchase
certain unimproved real property in Lake City,
Pennsylvania, and more fully described in Exhibit "A"
attached hereto and made a part hereof by reference
(hereafter referred to as the "Property"); and
WHEREAS, the Partnership desires that the Developer
assume responsibility for the improvement, development and
construction of an apartment complex to be built on the
Property (such improvements, including all appurtenances
thereto collectively referred to as the "Project"),
pursuant to the terms hereof; and
WHEREAS, Developer is willing to accept such
responsibility and to perform the duties contained herein
in consideration of the compensation set forth herein;
NOW, THEREFORE, for and in consideration of Ten and
00/100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Engagement of the Developer The Partnership does
hereby engage the Developer, as developer, and the
Developer hereby accepts such engagement as the developer
for the Project and agrees to perform the duties set forth
in Paragraph 2 of this Agreement.
2. Development Duties The Developer hereby agrees to
assume responsibility for and faithfully perform, or cause
to be performed, the improvement, development and
construction of the Project to be building on the Property,
including the installation of all materials, fixtures,
appliances and equipment on the Property in accordance with
the plans and specifications from time to time agreed to
between the Developer and the Partnership, including but in
no way limited to:
a) Preparation of specific plans and specifications for
site improvements, roads, utilities, recreational
facilities, buildings and other improvements, when
required;
b) Preparation of detailed budget projections for the
cost of construction and development of the Project
as are required from time to time;
c) Obtaining all necessary governmental approvals and
permits:
d) Negotiation of contracts with architects,
contractors, vendors, and other suppliers and
services utilized in the design, construction and
development of Project;
e) Supervision of performance of architects,
contractors, vendors and other suppliers and
services utilized in construction of the Project;
f) Review of invoices for payment of architects,
contractors, subcontractors, vendors and other
suppliers and services for the Project;
g) Maintenance of financial records and preparation of
periodic updating and revision of cost projections;
h) Reporting to the Partnership monthly regarding
progress of construction of the project;
i) Ensure that all contractors, subcontractors, vendors
and other suppliers have adequate general liability
insurance and workmen's compensation insurance, and
that all performance bonds are in force and legally
effective in all respects;
j) Negotiate and engage, on behalf and with the
approval of the Partnership, all attorneys,
accountants, and other professionals to handle all
legal, accounting or other matters in connection
with the development of the Project;
k) Negotiating and arranging financing for and
syndication of the Project; and
l) Perform all other duties, upon written request of
the Partnership, which are reasonable related to the
improvement, construction, or development of the
Project.
3. Compensation and Reimbursement of the Developer.
As compensation for the performance of all of its duties
hereunder, the Developer shall be entitled to a development
fee (the "Developer Fee") in the total amount of Fifty-four
Thousand Three Hundred Thirteen and 00/100 Dollars
($54,313.00), earned by Developer and payable in accordance
with Exhibit "B" attached hereto and made a part hereof,
but not later than completion of the Project and issuance
of a certificate of occupancy for all units thereof
(hereinafter referred to as the "Completion Date".)
The Partnership shall further reimburse the Developer
on a monthly basis for any and all amounts disbursed by the
Developer on behalf of the Partnership, including, but not
limited to, all direct and indirect costs for labor and
materials incurred in the construction and development of
the Project and all amounts paid for taxes, utilities,
assessments and the like on behalf of the Partnership;
provided however, that nothing in this Agreement shall
obligate Developer to make such payments, it being the
intent of the parties that such costs will be the
responsibility of the Partnership.
4. Term of Engagement The engagement of Developer
shall commence upon the effective date of this Agreement as
first above written and shall continue until the last
building constructed on the Property is place in service.
5. Performance of the Developer While performing
its duties hereunder, the Developer shall diligently
endeavor to protect the property rights and interests of
the Partnership as vested in the Property and the Projects,
to perform all of its duties hereunder in a good, diligent
and workmanlike manner, to employ skilled agents, lawyers,
accountants and to supervise them diligently; and to comply
with all lows, ordinances, rules, regulations and orders of
any public authority bearing on the performance of the
Developer's duties. The Developer may engage in other
development, construction and similar activities on its own
behalf or for other entities; provided, however, that any
such other activities do not interfere with the performance
of its obligations hereunder.
6. Assignment The Developer shall not assign this
Agreement in whole or in part without the consent of the
partnership; provided however, that the Developer may
employ such agents as it shall deem necessary in the
performance of its duties contemplated hereunder.
Notwithstanding any such delegation, the Developer shall
remain fully responsible for performance of its duties set
out hereunder.
7. Miscellaneous
(a) At all times this Agreement shall inure to
the benefit of and constitute a binding obligation upon
each of the parties hereto and their respective successors
and, where permitted, their assigns.
(b) All notices, consents, approvals,
acceptances and other communications given or made under
this Agreement shall be in writing duly signed by the party
giving or making the same, and shall be deemed to have been
properly given or made if personally delivered or five (5)
days after deposit in the United States certified mail,
return receipt requested, addressed as follows (or any
subsequent address provided to all parties):
If to Developer:
Richard J. Crossed
Home Properties of New York, L.P.
850 Clinton Square
Rochester, New York 14604
If to Partnership:
C. Terence Butwid
Lake City Limited Partnership
% Home Properties of New York, L.P.
850 Clinton Square
Rochester, New York 14604
(c) If any provision hereof is adjudged to be
invalid, the other provisions hereof shall be enforceable.
(d) This Agreement contains the entire
understanding between the parties and supersedes any prior
understandings or agreements among them. There are no
representations, agreements, arrangements or
understandings, oral or written, between and among the
parties hereto relating to any of the provisions of this
Agreement which are not fully expressed and incorporated
herein.
(e) This agreement may not be modified or
amended except with the written consent of all the Parties.
(f) This Agreement shall be governed by and
construed in accordance with the laws of the State of New
York.
(g) The relationship between Partnership and
Developer is that of independent contracting parties. This
Agreement shall not in any manner construed as a joint
venture or partnership.
(h) Section titles or captions contained in this
Agreement are inserted as a matter of convenience and for
reference and in no way define, limit, extend or describe
the scope of this Agreement or the intent of any provision
thereof.
(i) All pronouns and any variation thereof shall
be deemed to refer to the masculine, feminine, neuter,
singular or plural as the identity of the person or persons
may require.
(j) This Agreement may be signed by each party
hereto upon a separate copy, in which event all of said
copies shall constitute a single counterpart of this
Agreement. This Agreement may be executed in any number of
counterparts and all of such counterparts shall for all
purposes constitute one agreement, binding on the parties
hereto.
IN WITNESS WHEREOF, the parties have hereunto set
their hands effective as of the year and day first above
written.
DEVELOPER:
Home Properties of New York, L.P.
By: Home Properties of New York,
Inc., its general partner
By: /s/ Richard J. Crossed
Richard J. Crossed
its Executive Vice President
PARTNERSHIP
Lake City Limited Partnership
BY: Home Properties of New York,
L.P., its general partner
By: /s/ C. Terence Butwid
C. Terence Butwid
its Vice President
Home Properties of New York,
Inc., its general partner
EXHIBIT A
EXHIBIT B
BREAKDOWN OF DEVELOPMENT FEE BENCHMARKS
FEE
DEVELOPMENT SERVICES EARNED COMPLETED
Preliminary Site Analysis 0.0% 3/97
Prepare Feasibility Analysis
of Apartment Complex 0.0% 3/97
Apply for Low Income Housing
Tax Credits 10.0% 6/27/97
Receive and Satisfy Conditions
For Reservation and Allocation
of Low Income Housing Tax Credits 10.0% 9/9/97
Establish and Implement Administrative
and Financial Controls for Design
and Construction of Apartment
Complex 0.0% 9/97
Evaluate and Determine Feasibility
of Various Construction Financing
Options 0.0% 9/97
Achieve Preliminary Site Plan and
Zoning Approvals 0.0% 10/97
Negotiate and Enter into
Architect's Contract, Construction
Contract, Engineer's Contract 10.0% 10/97
Secure Proper Builder's Risk and
Liability Insurance Coverage for
Apartment Complex During the
Construction Period 0.0% N/A
Negotiate and Close Construction
Loan 10.0% 11/97
Obtain Building Permits and Other
Necessary Permits and commence
construction 0.0% 11/97
Completion of First Building 0.0% 6/98
Completion of All Buildings 60.0% 6/98
CERTIFICATION
(To be completed at carryover if applicable)
The parties hereby certify as of September 3, 1998,
that the foregoing information, including the dates set
forth at right, is true and accurate.
DEVELOPER:
Home Properties of New York, L.P.
By: Home Properties of New York,
Inc., its general partner
By: /s/ Richard J. Crossed
Richard J. Crossed
its Executive Vice President
PARTNERSHIP
Lake City Limited Partnership
By: Home Properties of New York,
L.P., its general partner
By: /s/ C. Terence Butwid
C. Terence Butwid
its Vice President
Home Properties of New York,
Inc., its general partner
