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Home My WebLink AboutC2005-357 - 7/26/2005 - Approved FIRST AIrcNDMENT TO THE CDBG SUBRECIPIENT AGREEMENT FOR FY02 BETWEEN THE CITY OF CORPUS CHRISTI AND THE WESTSIDE BUSINF_.~ .A,~::X~IATIOfl This flint amendment ('Flint AmenOment') is made by and between the City of Coqxm Chnsfi (`City') and the Wsetaide Business Association ('Subreclplent'). WHEREAS, the City and the Subreciplant executed an agreement ('Agreement'), which was approved by the City Council on May 21, 2002 (Resolution No. 24887), for the pu~ of utilizing the City'8 FY02 Community Development Block Grant ('~.DBG-) Program funds; WHEREAS, the scope of work to be complek~cl under the Agreement Included the installation of an art piece for the Cro~tow~ and Agnes Beautification Project, located at Crosatow~ Expressway and Agnes Street; WHEREAS, the term of the Agreement was 18 m(mths, expiring January 23, 2004; and WHEREAS, the parties to ~ Agreement dseire to execute this First Amendment to reins~'u~ and extend the term of the Agreement through this First Amendment and to accordingly amend provisions of the Agreement to resolve confli~ rseulflng from enactment of the First Amendment Section 1. Section I, subsection 1.1, of the Agreement is de~-'~d and replaced with the following language: '1.1 8coils of Work. Subrecipient, through its Contractors and Sub- co~-~,actora, will obtain ele-~ical, irrigation, and base for ~ing art piece at the Antonio E. Garcia Art~ Center ('Improvements'), which is property under lease fi'om the City to b~3e Soul~ Texa~ Ins~.r(e for the Art~. For purposes of this Agreement, the term "Facilities" shall collect, ely include the abovementioned property and any Improvements thereon. All Improve- me.~a shall be in accordance with the plarm and ~oecifica'dorm prepared by Subreciplent's registered architect or licensed professional engineer ra- tained pursuant to paragraph 7.3. No construction shall commence until said plans and specifications ara approved by the City's Neighborhood Services Department and cleared by ~ City's Inspections Division of the Development Services Department.' Section 2. Section I, subsection 1.2, of the Agreement is deic-u~l and replaced w~ the following language: -4 ~ e,,k.---'-'--' Mat=h Reflulmment~. Subrecipient shall provide 2005-357 ars ($4,000) in matching funds. If Subrecipient doe~ M2005-234 West~Jde Bu,,inesa ~s~oclation not meet a matching fund8 raquimm~nt, said Subrec~pient's allocation will not be disbursed, but will be forfeited and returned to the City for ~nclusion in future CDBG Programs.' Section 3. Section I, subsection 1.3, of the Agreement is deks~d and replaced with the following language: "1.3 Budget and Co~'ucllon 8¢hedule. Subracipient ~11 p~e an ~m~ pmj~ bu~ a~ ~n~n ~u~ ~ u~ ~e pm~ Imp~eme~ I~ a~, ~i~ b~ a~ ~~ ~u~ ~11 ~ a~ ~ a~ m~e a pa~ ~ ~r all pu~ ~ ~ib~ ~ (~ib~ A ia ~ ~ ~ FI~ ~~.) Ten ~ ~or ~ ~ ~ a~ ~n~ pu~ ~ ~ ~~, Su~p~ ~11 p~e a flnal~ b~g~, ~ ind~ a ~u~ ~ ~ ~ ~ plan, and a ~u~ ~ ~mp~n ~r ~ ~us ~ ~ ~ flon ~ Impm~m~ ~ ~ F~I~ ~i~ ~11 ~ su~ ~r ~ ~ ex~ng Exhib~ A a~ ~11 ~ Exhlb~ A ~ ~ ~nt ~r all pu~.' Section 4. Section IV, subsection 4.1, of the Agreement ia dele~cl and replaced with the following language: '4.1 Facilities ~ for SIz (6) Yearn from Date of Flint Amendment. Subredpient's Facilities shall be used to meet one of the national obJec- fives set forth in 24 CRF 570.208 for six (6) years from the date of exe- cution of the First Amendment to this Agreement.' Section 5. SeclJon IV, subsection 4.2, of the Agreement ia deleted and replaced the following language: "4.2 Facilities Not Used for Slx (6) Yearn from Date of Flint .amendment. In the ~vant bh~t Subrecipient's Facilities ara not u~ed to meet one of national o{~je~ for six (6) years fi'om the date of ex~muflon of the First Amendment, then Subracipient's Facilities shall be dlsposad of in a manner that results in the City being reimbumed in the amount of the current fair market value of the Improvament~ less any portion of the value ~;butable to expenditures of non-CDBG funds for acquisition of, or Improvements to, the Facilifie~ as required by 24 CFR 570.503.' Section 6. Section VII, subsection 7.9, of the Agreement Is delek~l and rel~ac~ the following language: ~7.9 Completion Date of Cona'a'uctlon. Subrecipient shall complete construction of the Improvements to the Facilities In accordance w~t the approved Plans and Specifications by March 31,2006. If Subracipient is rendered unable to carry out the terms of this paragraph, Subreciplent shall promptly give the City wT~n notice of such delay together with reasonable particulars conceming it. The City Manager, of his designee, may extend the constn, m'don time schedule for such time as he deems justified." Sectkm 7. Section VIII, subsection 8.1, of the Agreement is deleted arxi mptaced wffh the following language: '~.1 Tefra. The original term of this Agreement is 18 mordfla. A F;~i~ Amend- ment, executed by bo~ part,es, extends this t~'rn an additional 32 months, expidng March 31, 2006. Notwithstanding any provision to IJ'm contrary, Submcipient shall be bound by all covenant~, terms, and provisions of b~is Agreement, including recordkeeping, for a period of six (6) yearn com- mencing on the date of execution of this Agreement or of a First Amend- merit, whichever is later.' Section 8. By execution of this First Amendment, the parties agree to relrmtate the original Agreement and extend the term an additional 32 months, expiring Marc~ 31, 2006. AJI terms and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. (EXECUTION PAGES FOU_OW) ot _ "~1"'*" )'~ ,2005. CITY OF CORPUS CHRISTI c~ Secretlry APP.I~D A,S TO FORM: / / F*/"']/ .2005 for ~e Cib/Attorney ACKNOWI. EDQMENT STATE OF TEXAS § KNOW ALL BY THF.~E PRESENTS: COUNTY OF NUECE8 § . ,~ ~ This inga'ument was acknowledged be,om me on ~..4.~ .2005, by George K. Noe. City Manager, of the City af Corpus Christi, T/e~a, · home-rule municipal corporation, o~ behalf of the corporation. · .' .. /'~ (seal) NOTARY PUBLIC, StYe of Texaa SUBRECIPIENT: WESl'alDE BIJ~NES8 ASSOCIA'IION STATE OF TEXA~ § KNOW ALL BY THESE PRE~ENT~: COUNTY OF NUECES § We~mkle Bu~neaa Aaaodatlon, a Texaa nonprofit corpora~n, o~ behalf of the coqx)m'd<~. NOTARY PUBLIC, State of Tex~ EXHIBIT A Wes'mid® Bu~lnea~ relation FY02 CDBG Project Preliminary Cormtruct]on 8c, hedule August 2005 September 2005 October 2005 March 2006 Finalize Design Finalize request for Bids Begin ConstruclJon Complete Consb'uct~on Professional Fees New Construction Total project cost Funds Available FY2002 CDBG funds Total preliminary Bu',et $ 4,000 $35.000 $39,000 $ 4,000 $35.000 $39,000