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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. Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 2nd Amend — Extreme Homes 4A Agreement -- Clean 01222009