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HomeMy WebLinkAboutC2008-322 - 7/8/2008 - NAFIRST AMENDMENT TO THE HOME FUNDING AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND METRO MINISTRIES This amendment ("First Amendment") is made by and between the Corpus Christi Community Improvement Corporation ("CCCIC") and Corpus Christi Metro Ministries, Inc. ("Subrecipient"). WHEREAS, the CCCIC and the Subrecipient executed an agreement ("Agreement") on December 19, 2006, for the purpose of utilizing the CCCIC's FY05 and FY06 HOME ("HOME") Program funds; WHEREAS, the Agreement expired November 30, 2007; WHEREAS, the parties desire to execute this instrument to express their mutual desire to reinstate all terms, conditions, and covenants stated in the original Agreement; and 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. By execution of this instrument, the parties agree to reinstate all terms, conditions, and covenants stated in the original Agreement, to have the same force and effect as if the Agreement had not terminated. Section 2. Section 2 of the Agreement, entitled "Agreement Period," is amended by deleting the date "November 30, 2007" and inserting the date "January 31, 2009." Section 3. Section 24, subsection (A), of the Agreement is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 4. The Subrecipient shall execute a new Exhibit A to the Agreement, a copy of which is attached. Section 5. 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, con- ditions, and covenants of the Agreement not revised by this First Amendment remain the same and in full force and effect. 2008-322 (EXECUTION PAGE FOLLOWS) 07/08/08 Metro Ministries -CCCIC EXECUTED IN DU LICATE, each of which is considered an original, on this the ~` day of , 2008. ATTEST: CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION Armando Chapa Secretary ~/ i~~ George K. Noe General Manager CORPUS CHRIS'S METRO/~MINI~~ S, INC. y Printed Name: ~ od a L - 1-12z~' Title: G L' b 4 C ~. e cw f ~ u-e L9r ~~-c~Fvr~ Date: Jul, Iy 2~ofr ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Tstrument was knowledged before me on ~ , 2008, by ~, ~, ~, Z.,'~r of Corpus C risti Metro Ministries, Inc., a Texas nonprofit corporation, on behalf of the cl~ly~oration. ~ n ~ _ ~ (seal) ~.:~-, ,o:.,. ~:4^ IAURISA LYNN BAKLIK _•: = Notary PubIIC, Stets of Texas ' ' ` My Commisalon fxpire~ -~~';~'%Y`„~r March 09, 2011 blic, State of ~~~~ ~ „AUINUttru er cauNCa ~& SECRFfARr EXHIBIT A COVENANT TO BIND PROPERTY FOR THE PERIOD OF AFFORDABILITY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Pursuant to an agreement entered into between the Corpus Christi Community Improvement Corporation ("CCCIC") and Corpus Christi Metro Ministries, Inc. ("Metro"), executed on December 18,2006, as amended by a First Amendment executed on or about June 30, 2008, such documents being incorporated in this instrument by reference ("Agreement"), Metro accepted federal funds, in conjunction with the United States Department of Housing and Urban Development's Home Investment Partnership Program ("HOME Program") administered by the CCCIC, for new construction of a facility on the following property: Lots 7, 8, 9, 10, and the west 7.45' of Lot 11, Block 2, Young Addition, of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat on record in the Map Records of Nueces County, Texas, and which is commonly known by its street address of 1919 Leopard Street, located in Corpus Christi, Nueces County, Texas (hereinafter referred to as the "Property"). Pursuant to the terms, conditions, and covenants contained within the Agree- ment, as owner of the Property and in consideration of receiving the funds, Metro agrees to bind the Property with the affordability requirements specified in the Agree- ment and in Title 24, Part 92, of the United States Code of Federal Regulations, for a period of not less than twenty (20) years from the date of completion of the construction of the facility, such date of completion presently unknown but anticipated to be no later than December 31, 2008. This instrument constitutes a covenant running with the land and binds all successors, assigns, and transferees of the Property, such Property being subject to this instrument. CORPUS CHRISTI METRO MINISTRIES, INC. Executive Direct Date: STATE OF TEXAS § COUNTY OF NUECES § Subscribed to and sworn before me this _ day of , 2008, by , of Corpus Christi Metro Ministries, Inc., a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: ATTN: Administrator, Community Planning Division c/o Corpus Christi Community Improvement Corporation P. O. Box 9277 Corpus Christi, Texas 78469-9277