HomeMy WebLinkAboutC2008-262 - 7/31/2008 - NAFIFTH AMENDMENT
TO THE
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
AVANCE, INC.
This fifth amendment ("Fifth 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 (M2005-313), and related subsequent amendments for
the purpose of utilizing the City's FY05 Community Development Block Grant ("CDBG")
Program funds;
WHEREAS, the Agreement terminates July 31, 2008;
WHEREAS, the Subrecipient has experienced delays and has not commenced and completed
construction; and
WHEREAS, the parties to the Agreement desire to execute this Fifth 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 March 31, 2009. 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 or the date of execution of any amendment to this Agreement,
whichever date is later in time, unless a specific bound period is shorter or longer
as may be stated in this Agreement."
Section 2. By execution of this Fifth Amendment, the parties agree to extend the term stated in
the Agreement. All terms and conditions of the Agreement not changed by the First Amend-
ment, Second Amendment, Third Amendment, Fourth Amendment, and by this Fifth Amend-
ment, remain the same and in full force and effect.
(EXECUTION PAGE FOLLOWS)
2008-262
07/31/08
Avance, Inc.
EXECUTED IN DUPLICATE, each of which
2008.
ATTEST:
Armando Chapa
City Secretary
is considered an original, on this the ~ day of
CITY OF CORPUS CHRISTI
eorge K. Noe
City Manager
APPROVED AS TO FORM: , 2008
P
Elizab R. Hundley
Assis t City Attorney
for the City Attorney
-CORPUS CHRISTI CHAPTER
By:
Printed
Title:
Date:
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Thi nstrument was acknowledged before me on V u.4u. 3 ~ ~~ , 2008
by ~,..._~o~~ 1~ ... as ~1~. ,,, .:. _ ...,~i-.~a (title)
of the Avance, Inc., a Texas nonprofit corpor~on,"on behalf of~he~poration
(seal)
,,~;~,,,, No ~ Public, State f Texas
:'e~,.,, ,y,n,,' LAURISA LYNN BAKIIK Y
_ Notary Public, State of Texas
i~, ti; My Commission Expires
•mf lA° March 09, 2011