Loading...
HomeMy WebLinkAbout027207 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 DEVELOPMENT CORPORATION AND NUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR AFFORDABLE HOUSING FOR A PILOT INFILL HOUSING PROJECT TO EXTEND THE TERM OF THE PROGRAM AGREEMENT; TO INCREASE THE MAXIMUM HOME PURCHASE PRICE; AND TO CHANGE THE WARRANTY DEED REQUIREMENT 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 construct infill housing, a project suitable for the promotion and development of affordable housing within the City for a term of eighteen months from the date of execution of the contract. V*IEREAS, the parties to the Agreement desire to execute this First Amendment to the Agreement to revise the term provisions of the Agreement to extend the term until November 19, 2007, increase the maximum purchase price of a home under the Agreement from $50,000 to $63,000, and provide for the acquisition of title to property by a Warranty Deed, as some properties may be acquired through tax foreclosure and the taxing entities do not provide General Warranty Deeds. 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 for a Pilot Infill Housing Project to extend the term of the Agreement until November 19, 2007, to increase the maximum purchase price of a house from $50,000 to $63,000, and to require acquisition of title by Warranty Deed. 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 for a Pilot Infill Housing Project with Nueces County Community Action Agency. H.ILEG-DIRIShared\GaryS\agenda\2007\a-101Res-NCCAAI stAmendAffordHousinglnfill.doc 027207 ATTEST: Armando Chapa Assistant Secretary Approved as to form April 4, 2007. ry VST. Smith Assistant City Attorney For the City Attorney Page 2 of 3 CITY OF CORPUS CHRISTI Hen arrett Mayor, City of ' orpus Christi H:4LEG-DIR1Shared\GaryS1agenda1200714-101Res-NCCAA I stAmendAffordHousing l nfill.doc Page 3 of 3 Cor Li Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott HALEG-DIR\Shared\GaryS\agenda12007\4.101Res-NCCAAlstAmendAffordHousingInfill.doc 027207 FIRST AMENDMENT TO THE AFFORDABLE HOUSING PROGRAM AGREEMENT FOR A PILOT INFILL HOUSING PROJECT This first amendment ("First Amendment") to the Affordable Housing Program Agreement for a Pilot Infill Housing Project ("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 construct infill housing, a project suitle for the promotion and development of affordable housing within the City; WHEREAS, the term of the Agreement was stated as eighteen 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: WHEREAS, the parties to the Agreement desire to increase the maximum purchase price of a home under the Agreement from $50,000 to $63,000; and WHEREAS, the parties to the Agreement desire to provide for the acquisition of title to property by a Warranty Deed, as some properties may be acquired through tax foreclosure and the taxing entities do not provide General Warranty Deeds. 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." Section 2. Paragraph f 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. H:\LEG-DIR\Jeannie\Gary\Amendment-AffordableHousinglnfill070327 doc Page 1 of 3 Exhibit A d. The title to each lot purchased by the NCCAA under this Program Agreement must be conveyed, to the NCCAA as purchaser, by a general warranty deed and must include title insurance. The NCCAA shall utilize its outreach and marketing resources to secure home -builders capable of constructing affordable housing on each purchased lot. The NCCAA shad competitively bid the housing construction costs for each lot to be developed under this Program Agreement. The cost of each home constructed on a purchased lot may not exceed $50,000 63,000 exclusive of lot acquisition costs 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 ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § 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 1LEGDIR\Jeannie\Gary\Amendment-AffordableHousingInfillo70327.doc Page 2 of 3 ATTEST; CITY OF CORPUS CHRISTI Armando Chapa City Secretary Date: APPROVED AS TO FORM: Gary W. Smith Assistant City Attorney for the City Attorney NUKES COUNTY COMMUNITY ACTION AGENCY Signature Printed name: Date: Title STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES George K. Noe City Manager Date: ACKNOWLEDGMENT This iistrument was acknowledged before me on , 2007, by as the (title) of the Nueces County Community Action Agency, a Texas nonprofit corporation, on behatf of the corporation. NOTARY PUBLIC, State of Texas H \LEG-DIR\Jeannie\Gary\Amendment-AffordabieHousingInfill070327.doc Page 3 of 3