HomeMy WebLinkAboutC2005-016 - 1/11/2005 - NA FIFTH AMENDMENT
TO THE
AGREEMENT BETWEEN THE
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AND THE
COMMUNITY DEVELOPMENT CORPORATION
State of Texas §
County of Nueces §
Know All by These Presents
This agreement ("Fifth Amendment") is made and entered into by the Corpus Christi
Community Improvement Corporation ("CCCIC"), a nonprofit corporation organized
under the laws of the State of Texas, and the Corpus Christi Community Development
Corporation ("CDC"), a business corporation organized under the laws of the State of
Texas.
SECTION 1. This Fifth Amendment reinstates and amends the provisions of an initial
agreement ("Agreement") between the parties which was effective May 21, 1996, and
its Amendment and Reinstatement ("First Amendment"), its second amendment
("Second Amendment"), its third amendment ("Third Amendment"), and its fourth
amendment ("Fourth Amendment").
SECTION 2. The parties to this Fifth Amendment have severally and collectively
agreed to reinstate the terms and provisions of the initial Agreement, including all
amendments made subsequent to the Agreement and including all exhibits and
attachments, and by the execution of this Fifth Amendment do bind themselves to the
mutual obligations and to the performance and accomplishment of the provisions
described in this document.
SECTION 3. Section 2 of the Agreement, entitled Agreement Period, is amended to
read as follows:
"Section 2. AGREEMENT PERIOD
"This Agreement shall commence on May 21, 1996, and shall terminate on
January 31, 2006, unless otherwise specifically provided by the terms of this
Agreement."
SECTION 4. Section 4.B. of the Agreement, entitled Limit of Liability, is amended to
read as follows:
"B. Limit of Liability
"Notwithstanding any other provision of this Agreement, the total of all
,',~,,m~r~f~ 2nH other obligations incurred by CCCIC under this Agreement
2005-016
01/11/05
CCCIC
may not exceed the sum of Four Million, Sixty-eight Thousand, Seven
Hundred Sixty-seven and No/100 Dollars ($4,068,767.00)."
SECTION 5. Except as modified by this Fifth Amendment, all provisions of the
Agreement, the First Amendment, the Second Amendment, the Third Amendment, and
the Fourth Amendment remain unchanged and in full force and effect between the
parties.
(EXECUTION PAGES FOLLOW)
CDC 5th Amendment 010605.doc Page 2 of 3
ATrEST:
CORPUS CHRISTI COMMUNITY
IMPROVEMENT CORPORATION
Armando Chapa
City Secretary
Rex A. Kinnison
President
APPROVED AS TO LEGAL FORM: January 6, 2005
for the City Attorney
'JY (~lHl~lL
CORPUS CHRISTI COMMUNITY DEVELOPMENT CORPORATION
Mike Carrell Date
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THESE PRESENTS
This instrument was acknowledged before me on .// day of ~[('uhu~4z.~ , 2005,
by Mike Carrell, President of the Corpus Christi Community De~elopmer~orporation,
on behalf of the corporation.
CDC 5th Amendment 010605.doc
Page 3 of 3