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HomeMy WebLinkAboutC2008-048 - 3/5/2008 - NA FOURTH AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND AVANCE, INC. This fourth amendment ("Fourth Amendment") is made by and between the City of Corpus Christi {"City") and Avance, Inc. ("Subrecipient"). WHEREAS, the City and the Subrecipient executed an agreement {"Agreement"), approved by the City Council on September 13, 2005 (M20D5-313), and related subsequent amendments for the purpose of utilizing the City's FY45 Community ©evelopment Block Grant ("CDBG") Program funds; WHEREAS, the Agreement terminates February 28, 2008; WHEREAS, the Subrecipient has not commenced and completed construction; and WHEREAS, the parties to the Agreement desire to execute this Fourth Amendment to extend the term stated in the Agreement. Section 1. Section 9, subsection 9.1, of the Agreement is deleted and replaced with the following language: "9.1 Term. This Agreement terminates July 31, 2008. Extensions to the term of this Agreement may be requested by the Subrecipient and approved by the City Manager. However, the Subrecipient is bound by all covenants, terms, and conditions of this Agreement including, without limitation, recordkeeping, for a period of six {6) years commencing on the date of the Subrecipient's execution of this Agreement, unless a specific bound period is shorter or longer as may be stated in this Agreement." Section 2. By execution of this Fourth Amendment, the parties agree to extend the term stated in the Agreement. All terms and conditions of the Agreement not changed by the First Amendment, Second Amendment, Third Amendment, and by this Fourth Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS} 2008-048 03/05/08 Avance, Inc. EXECUTED IN DUPLICATE, each of which is considered an original, on this the 200$. ATTEST: l Armando Chapa City Secretary CITY OF CORPUS CHRISTI day of orge K. Noe City Manager APPROVED AS TO FORM: tGV , 2008 Eliza R. Hundley AsslS t City Attorney far the City Attorney STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § ~~~ Thi ~ strument wa cknowledged be#ore me an C.yl , 2~Q8 by rl..Y1c~0~ 5 _as ~ ~ r ~ (title) of the Avance, lnc., a Texas nonprofit corporation, on behalf of the~or~~tion. , `': LAURISA LYNN BAKLIK !~ ~ Notary Public,steteor'Texas Not Public, State of ~te My Commission Expires ''~;a°~ati ~`~ MdrCh 04, 2011 ORPUS CHRISTI CHAPTER ACKNOWLEDGMENT