Loading...
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