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HomeMy WebLinkAbout027539 RES - 12/11/2007Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND NUECES COUNTY COMMUNITY ACTION AGENCY FOR A PILOT INFILL HOUSING PROJECT, TO EXTEND THE TERM OF THE PROGRAM AGREEMENT AND EXPAND THE AREA BOUNDARIES OF THE PROJECT. WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and Nueces County Community Action Agency (NCCAA) 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, a project suitable for the promotion and development of affordable housing project, for a term of twelve months from the date of the execution of the contract. WHEREAS, the parties to the agreement desire to execute this Second Amendment to revise the term provision of the agreement to extend the agreement until November 19, 2009, and to expand the boundaries of the project area to include the area bounded as follows: from the intersection of Carver Drive and Tarlton Street, east along Tartlton to Elgin Street, south along Elgin Street to Lawton Street, west along Lawton Street to Washington Street, north along Washington Street to Soledad Street, east along Soledad Street to Carver Drive, and north along Carver Drive to Tarlton Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the Second Amendment to the Affordable Housing Program Agreement for a Pilot Infill Housing Project between the Corpus Christi Business and Job Development Corporation and NCCAA, to extend the term of the agreement until November 19, 2009 and to extend the boundary of the project area. SECTION 2. The City Manager, or his Designee, is authorized to execute the Second Amendment to the Affordable Housing Program for a Pilot Infill Housing Project Agreement with NCCAA, a copy of which is attached as Exhibit "A". 027539 H:1LEG-DI R1SharedlGarySlagenda12007112-111Res-AmendAffordableHousingNCCAAHomes.doc ATTEST: Armando Chapa City Secretary CITY Page2of3 CORPUS HRISTI Henry Garre Mayor APPROVED AS TO FORM: M: December 5, 2007 Orn:tki G r . Smith Assistant City Attorney For the City Attorney H:ILE -C I \Shared\ ary \agenda1 \ -11\Fees-Am ndAfordabI H usin CCAAHorn ,do Corpus Christi, Texas of _b_ce Page 3 of 3 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli on o, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez -6141- Michael McCutchon 027539 H:ILE-DIR\Sharedl aryS1agenda\2 7\12-111Ides-Ame dAf#orda leHousing I AAH r e . o SECOND AMENDMENT To THE AFFORDABLE HOUSING PROGRAM AGREEMENT FOR A PILOT INFILL HOUSING PROJECT ('Second Arnendmentto the Affordable Housing l rogram Tln� �eoond amendment Project('tprogram Agreement") . � made and Agreement for Pilot Infill Housing between the Corpus Christi Business and Job Development Corporation hritl "fit " ,and � Nuees Cour�ty Crr��arrit(Corporation')the of �orpu� � ta Cityo the t� corporation organized ander the statutes ActionAgency(NCCAA') State o Texas. WHEREAS, the Cororation, City and NCCAA executed an agreement et('Agreemeflt") for the purpose ofutilizingA sales tax funds to construct infill housing, a project of affordable housingwithinthe City; suitable for the promotion and development WHEREAS, the term of the Agreement should be extended an additional two years. NOW, THEREFORE, the parties tot the Agreement agree to mond the Agreement as follows: Section 1. Section 3 of the Agreement entitled "Terre' is deleted in its entirety and is replaced with the following language: "SECTION 3. TERM. "Therpt extends until November 'l , 2009." term of this Program Agreement entitled "Services to be �Provided by [NCCAA"�Section 2. �et�on of the Agreement subsection a is amended to read as follows: "SECTION 5. Services to Provided y NCCAA. "a. The ICCAA shall acquire, the NCCAA's name only, parcels of real • neighborhoodsr air bounded- as property within developed �r rye and Tarlton Sfret1tbfl follows:_ it nin at tie int rs tMor of Carve --�- �` east al n _T rlton Street to rtEor.1 Street, t- hea south alon_g_Elgintyton Streehea west aloe .atreatto lashir ton Street, then north along, •Street_then ost_lrig Soledad Street to Carver Washington Street �o�a��--� --.�-� Drive to its intersection with Tarlton Street as Drive then north alon Carver de Toted__ on the ma attand as Exhibit `��utilized n no event rrr the funds provided under this Program Agreement to real property without the lCGA obtainingtln... . . purchase anyother parcels of prior written approval of the City and the Corporation." HALED-DIRUea nie\DarylAmendment- ffordabl liouswn lnfili nd 071031.do Section 3. section "Payment ent of Funds" subsection f is amended to read as follows: "SECTION 6.Payment of Funds. "f. The NCCAA shall secure for the Corporation the recapture of lot acquisition costs, down payments, and closing costs by having each homebuyer execute a deferred, forgivable note secured by a deed of trust that represents a second or third! mortgage lien on the property, #. rovidir for the waiver and forgiveness of the amount secured by the note in the sane manner as provided by other HUD supportecis at the time the homebuyer is qualified for the assistance.„ Section 4. By execution of this first Amendment, the parties agree to be bound by the amended term provision. Ail other provisions, obligations, and conditions of the Agreement not changed bythis First Amendment remain the same and in full force and g g effect. ...�.■mow HALE -DIR\ anniel ar l m r dr n#- ff rdableHou inglnfill nd 071031.da EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of 2007. CORPUS CHRISTI BUSINESS JOB DEVELOPMENT CORPORATION Signature Title Printed name: Date: STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: 2 007, This instrument was acknowledged before me on (titIe) nonprofit bys the eio er�t corporation, Texas of the Corpus Christi Business and Job corporation, on behalf of the corporation. {sea!} NOTARY PUBLIC, State of Texas Fi:1LEDIF1Jr ff ,nni � IAm ndment- rdableHou inginfill nd 071031. io rw f A ATTEST. Armando Chapa City Secretary Date: APPROVED AS TO FORM: G . ry W Smith Assistant City Attorney for the City Attorney NUECES COUNTY COMMUNITY ACTION AGENCY Printed name: _...1/4,/� 6 Date: ...�� � i� - Title STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI George K. Noe City Manager Date: ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on 2007, the _Zgzeti(title) asIn of Agency,a Teas �nr� refit corporation, the f ee s County Community Action behalf of the corporation. NOTARY Y PUBLIC, State of Texas H ALE -DI R\Jeanni \ r \A ndm nt- lfforda l Hou i ng I nfill2 nd 071031.do