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HomeMy WebLinkAbout027206 RES - 04/10/2007Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB IEVELOPMENT CORPORATION AND NUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR AFFORDABLE HOUSING TO EXTEND THE TERM OF THE PROGRAM AGREEMENT AND TO INCREASE THE MAXIMUM HOME PURCHASE PRICE WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and the Nueces County Community Action Agency, a non- profit corporation organized under the statutes of the State of Texas, executed an agreement for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the agreement and in the NCCAA proposal, for a period of twelve months from the date of execution of the contract. WHEREAS, the parties to the agreement desire to execute this First Amendment to revise the term provisions of the agreement to extend the term until November 19, 2007, and to increase the maximum housing price to $85,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council of the City of Corpus, Texas, approves the First Amendment to the Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA), for affordable housing to extend the term of the Agreement until November 19, 2007, and to increase the maximum purchase price of a house from $80,000 to $85,000. A copy of the Amendment is attached as Exhibit "A SECTION 2. That the City Manager is authorized to execute the First Amendment to the Affordable Housing Program Agreement with Nueces County Community Action Agency. ATTEST: Armando Chapa Assistant Secretary CITY OF ORPUS CHRISTI kV dei ., ��//'% Page 2 of 3 Approved as to form April 4 2007. ry Smith Assistant City Attorney For the City Attorney H:1LEG-DIR\Shared\GaryS\agenda12007\4-10\Res-NCCAAI stAmendAffordHousing.doc Cor hristi, Texas of Page 3 of 3 , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia BI Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:1LEG-DIR\Shared\GaryS\agenda12007\a-101Res-NCCAAIstAmendAffordHousing doc 02"r06 FIRST AMENDMENT TO THE AFFORDABLE HOUSING PROGRAM AGREEMENT WITH NUECES COUNTY COMMUNITY ACTION AGENCY This first amendment ("First Amendment") to the Affordable Housing Program Agreement ("Program Agreement") is made by and between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"). and the Nueces County Community Action Agency ("NCCAA"), a non-profit corporation organized under the statutes of the State of Texas. WHEREAS, the Corporation. City and NCCAA executed an agreement ("Agreement") for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the NCCAA proposal; WHEREAS, the term of the Agreement was stated as twelve months from the date of execution of the contract; WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise the term provisions of the Agreement to extend the term until November 19, 2007; and WHEREAS, the parties to the Agreement desire to increase the maximum housing price to $85,000. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows: Section 1. Section 3 of the Agreement entitled "Term" is deleted in its entirety and is replaced with the following language: "SECTION 3. TERM. "The term of this Program Agreement extends until November 19, 2007." Sectirn 2. Paragraph a of Section 5 of the Agreement entitled "Services to be Provided by NCCAA " is deleted in its entirety and is replaced with the following language SECTION 5. SERVICES TO BE PROVIDED BY NCCAA. a. NCCAA shall provide down payment and closing cost assistance for the purchase of a new home in their CAP Estates II subdivision in Corpus Christi, Texas as described in its Project and pursuant to definition of "affordable housing" found in Title 42 of the United States Code, Section H:\LEG-DIRWeannie\Gary\Amendment-AffordableHousingNCCAAo70327.doc Page 1 of 3 Exhibit A 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979 Each home shall contain three bedrooms, two bath, one car garage masonry home with approximately 1086 square feet of living area, with total sale price, including lot, at or below $80,000 85,000 Section 3. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of ____ , 2007. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Printed name: Date: Title STAVE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by as the (title) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of Texas H:\LEG-DIRWearnnie\Gary\Amendment-AffordableHousingNCCAAo7o327.doc Page 2 of 3