HomeMy WebLinkAbout028062 ORD - 02/10/2009Page 1 of 3
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
THE SECOND AMENDMENT TO THE CONTRACT BETWEEN THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION AND JOHN MIKULENCAK, DBA EXTREME HOMES
OF TEXAS, FOR NEW CONSTRUCTION HOMEBUYERS ASSISTANCE
PROJECT BY EXTENDING THE TERM OF THE PROGRAM
AGREEMENT
WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of
Corpus Christi, and John Mikulencak, dba Extreme Homes of Texas ("Extreme
Homes"), 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
Extreme Homes 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 agreement was last executed on November 21, 2006;
WHEREAS, on January 16, 2008, the parties executed the first amendment to the
agreement that revised the term provision of the agreement to extend the agreement
until November 30, 2008, and to adjust the amount of the loan of funds to a maximum of
$20,000 and the term of the loan to a deferred forgivable loan and amortized for a term
provided by other HUD supported programs; and
WHEREAS, the parties to the agreement now desire to execute this second
amendment to revise the term provision of the agreement to extend the agreement until
December 31, 2009;
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 InfiII
Housing Project between the Corpus Christi Business and Job Development
Corporation and Extreme Homes, to extend the term of the agreement until December
31, 2009.
SECTION 2. The City Manager, or designee, is authorized to execute the second
amendment to the Affordable Housing Program with John Mikulencak, dba Extreme
Homes of Texas, for a New Construction Homebuyers Assistance Project, a copy of
which is attached as Exhibit "A".
028062
Resolution -- 2nd Amend -- Extreme Homes 4A Agreement -- 01142009.doc
ATTEST: CITY OF CORPUS CHRISTI
Page 2,of 3
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED AS TO FORM: January 14, 2009
otikt
V R. Jay Reirl�'}ig
First Assistant City Attorney
For the City Attorney
Resolution -- 2nd Amend -- Extreme Homes 4A Agreement -- 01142009.doc
Page 3,of 3
Corpus Christi, Texas
of cl-tAnAl— 2009
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
028062
Resolution -- 2nd Amend -- Extreme Homes 4A Agreement -- 01142009.doc
SECOND AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT
WITH JOHN MIKULENCAK DBA EXTREME HOMES OF TEXAS
FOR A NEW CONSTRUCTION HOMEBUYERS ASSISTANCE PROJECT
This second amendment to the Affordable Housing Agreement with John
Mikulencak, dba Extreme Homes of Texas, for a New Construction Homebuyers
Assistance Project ("Agreement") is entered into between the Corpus Christi
Business and Job Development Corporation ("Corporation"), the City of Corpus
Christi ("City"), and John Mikulencak, dba Extreme Homes of Texas ("Extreme
Homes").
WHEREAS, the Corporation, City, and Extreme Homes executed the Agreement
for the purpose of utilizing 4A sales tax funds to accomplish the affordable
housing project described in the Agreement and in the Extreme Homes proposal;
and
WHEREAS, on January 16, 2008, the parties executed the first amendment to
the Agreement ("First Amendment") that revised the term provision of the
Agreement to extend the agreement until November 30, 2008, and to adjust the
amount of the loan of funds to a maximum of $20,000 and the term of the loan to
a deferred forgivable loan and amortized for a term provided by other HUD
supported programs; and
WHEREAS, the parties to the Agreement desire to execute this second
amendment to extend the further extend the term of the previously amended
Agreement;
NOW, THEREFORE, the parties to the Agreement agree to reinstate and amend
the Agreement as follows:
Section 1. All terms conditions and covenants contained in the Agreement
continue in full force and effect. Section 3 of the Agreement entitled "Term," as
amended by the First Amendment to the Agreement, is revised to read as
follows:
"SECTION 3. Term.
"The term of this Program Agreement extends until November 30, 2008
December 31, 2009."
Section 2. By execution of this second amendment, the parties agree to be
bound by the amended term provision. All other provisions, obligations, and
conditions of the Agreement and the First Amendment not changed by this
second amendment remain the same and in full force and effect.
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2nd Amend -- Extreme Homes 4A Agreement -- Clean 01222009
Exhibit A
EXECUTED IN TRIPLICATE, each of which is considered an original, on this the
day of , 2009.
Corpus Christi Business &
Job Development Corporation
Eloy Salazar
Chairman
STATE OF TEXAS
COUNTY OF NUECES
§
§
§
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 2009,
by Eloy Salazar, Chairman, Corpus Christi Business and Job Development
Corporation, a Texas nonprofit corporation, on behalf of the corporation.
Notary Public
State of Texas
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2nd Amend -- Extreme Homes 4A Agreement -- Clean 01222009
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
Date:
APPROVED AS TO FORM: January 22, 2009
Lisa Aguilar, Assistant City Attorney
for the City Attorney
JOHN MIKULENCAK
DBA EXTREME HOMES OF TEXAS
John Mikulencak, Owner
Date:
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2009,
by John Mikulencak.
Notary Public
State of Texas
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