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HomeMy WebLinkAboutC2008-228 - 7/11/2008 - NAFIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BOYS & GIRLS CLUB OF CORPUS CHRISTI This first amendment ("First Amendment") is made by and between the City of Corpus Christi ("City") and the Boys & Girls Club of Corpus Christi, Inc. ("Subre cipient"). WHEREAS, the City and the Subrecipient executed an agreement ("Agreement"), which was approved by the City Council for the purpose of utilizing the City's FY07-08 Community Development Block Grant ("CDBG") Program funds; WHEREAS, the Agreement terminates June 30, 2008; WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise and extend the term, and its associated counterparts, stated in the Agreement. Section 1. Section 1, subsection 1.1, of the Agreement is deleted and replaced with the following language: "1.1 Scope of Work. The Subrecipient shall complete the work outlined in the funding proposal that was submitted and approved by the City's City Council for FY2007-08, such proposal being incorporated into this Agree- ment by reference as if fully set out in this Agreement. The Subrecipient, through its contractors and subcontractors, shall make improvements to the Facilities, to wit: to 3902 Greenwood Drive, the construction of a maintenance storage building; paved parking lot on the south side of the complex; fencing; and sidewalk areas by October 31, 2008 ("Improve- ments"). The Improvements to the Facilities will be located on real property owned by the Subrecipient and located at 3902 Greenwood Drive, Corpus Christi, Nueces County, Texas. For the purposes of this Agreement, the term "Facilities' collectively includes all of the afore- mentioned real properties and any improvements existing thereon as of the date of the Subrecipient's execution of this Agreement and includes, where appropriate and in context, the proposed Improvements to be constructed with the funding provided under this Agreement. All Improve- ments must be constructed in accordance with the plans and specifica- tions ("Plans") prepared by the Subrecipient's registered architect or licensed professional engineer retained pursuant to subsection 7.3. No construction may commence until the Plans are approved by the Admini- strator or the Administrator's designee ("Administrator") of the City's Community Development Division ("CDD") and by the City's Development Services Deoartment ("Development Services")." 2008-228 07/01/08 Boys & Girls Club of CC Section 2. Section 7, subsection 7.g, of the Agreement is deleted and replaced with the following language: "7.9 Completion Date of Construction. The Subrecipient shall com- plete construction of the Improvements to the Facilities in accordance with the approved Plans and Specifications by October 31, 2008. If the Sub- recipient is rendered unable to carry out the terms of this subsection, the Subrecipient shall promptly give the City written notice of such delay together with reasonable particulars concerning it. The Administrator may extend the construction time schedule for such time as may be deemed necessary and justified, provided, however, that the extension of the construction time schedule does not exceed the term of this Agreement. (An extension of the term is addressed in Section 9.)" Section 3. Section 9, subsection 9.1, of the Agreement is deleted and replaced with the following language: "9.1 Term. This Agreement terminates November 30, 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 4. By execution of this First Amendment, the parties agree to revise and ex- tend the term, and its associated counterparts, stated in the Agreement. All terms and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) EXEC ED IN DUPLICATE, each o which is considered an original, on this the day of , 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI eorge K. Noe City Manager APPROVED AS TO FORM: ~~,,,A.t, ~ o , 2008 oZ .M" - Lisp f~7;,,'Iw Assistant City Attorney Q for the City Attorney SUBRECIPIENT: Boys & Girls Club of Corpus Christi, Inc. By: fig--~l~..---- Printed Name: ~n/NE ~.4KC>k-.. Title: C ~O Date: G - ~ 7 - 08