HomeMy WebLinkAbout028566 RES - 04/20/20101
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE FOURTH AMENDMENT TO THE AFFORDABLE
HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CITY
OF CORPUS CHRISTI, AND NUECES COUNTY COMMUNITY ACTION
AGENCY FOR A PILOT INFILL HOUSING PROJECT, TO EXTEND THE
TERM OF THE AGREEMENT FROM NOVEMBER 19, 2009 TO
DECEMBER 31, 2011
WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of
Corpus Christi, and Nueces County Community Action Agency (NCCAA) executed an
affordable housing program 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 Pilot Infill Housing Project.
WHEREAS, the parties to the agreement desire to execute this fourth amendment to
extend the agreement from November 19, 2009 until December 31, 2011.
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 fourth
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 agreement from November 19, 2009 to December 31, 2011.
SECTION 2. The City Manager, or designee, is authorized to execute the fourth
amendment to the Affordable Housing Program for a Pilot Infill Housing Project
Agreement with NCCAA, a copy of which is attached as Exhibit "A".
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO FORM: April 15, 2010
R. ming
rst A sistant G%ity Attorney
For the City Attorney
Res-4thAmendAffordableHousingNCCAA Infill 04152010
CITY OF CORPUS CHRISTI
Joe A me
Mayor
028566
INDEXED
Corpus Christi, Texas
of
The above resolution was
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
, 2010
passed by the following vote:
T
1,
bs+a m
028566
Res-4thAmendAffordableHousingNCCAA Infill 04152010
2
FOURTH AMENDMENT TO THE
AFFORDABLE HOUSING PROGRAM AGREEMENT
FOR A PILOT INFILL HOUSING PROJECT
This fourth amendment ("Fourth 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
suitable for the promotion and development of affordable housing within the City; and
WHEREAS, the term of the Agreement should be extended by two additional years to
allow the use of funds not spent of land acquisition to be used to pay for construction
and development costs, including the implementation of green building/energy efficient
construction techniques, for new homes;
NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as
follows:
Section 1. Section 3 of the Program Agreement, as previously amended by the second
amendment the Program Agreement, is revised to read as follows:
"SECTION 3. TERM.
"The term of this Program Agreement extends until November 10, 2009
December 31, 2011."
Section 2. By execution of this Fourth amendment, the parties agree to be bound by
the amended provision. All other provisions, obligations, and conditions of the
Agreement, as previously amended, that are not changed by this Fourth amendment
remain the same and in full force and effect.
Section 3. This Fourth amendment is executed in triplicate, each of which is
considered an original.
Section 4. This Fourth amendment is effective on the date the last party to the
Program Agreement executes this Fourth amendment.
4th Amend NCCAA Infill Housing 11112009
Page 1 of 3
Exhibit A
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
By:
Date:
Eloy H. Salazar
President
STATE OF TEXAS
ACKNOWLEDGMENT
§ KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2010,
by Eloy H. Salazar, President, Corpus Christi Business and Job Development
Corporation, a Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC, State of Texas
ATTEST CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary Interim City Manager
Date:
Page 2 of 3
4th Amend NCCAA Infill Housing 11112009
APPROVED AS TO FORM: April 6, 2010
R. Jay Reining
First Assistant City Attorney
for the City Attorney
NUECES COUNTY COMMUNITY
ACTION AGENCY
Joe A. Martinez
Executive Director
Date:
STATE OF TEXAS §
COUNTY OF NUECES '
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS
This instrument was acknowledged before me on , 2010,
by Joe A. Martinez, Executive Director, Nueces County Community Action Agency, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC, State of Texas
Page 3 of 3
4th Amend NCCAA Infill Housing 11112009