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HomeMy WebLinkAboutC2009-096 - 2/10/2009 - ApprovedSECOND AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WITH JOHN MIKULENCAK DBA EXTREME HOMES OF TEXAS FOR A NEW CONSTRUCTION HOMEBUYERS ASSISTANCE PROJECT This second amendment to the Affordable Housing Agreement with John Mikulencak, dba Extreme Homes of Texas, for a New Construction Homebuyers Assistance Project ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and John Mikulencak, dba Extreme Homes of Texas ("Extreme Homes"). WHEREAS, the Corporation, City, and Extreme Homes executed the Agreement for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the Extreme Homes proposal; and WHEREAS, on January 16, 2008, the parties executed the first amendment to the Agreement ("First Amendment") that revised the term provision of the Agreement to extend the agreement until November 30, 2008, and to adjust the amount of the loan of funds to a maximum of $20,000 and the term of the loan to a deferred forgivable loan and amortized for a term provided by other HUD supported programs; and WHEREAS, the parties to the Agreement desire to execute this second amendment to extend the further extend the term of the previously amended Agreement; NOW, THEREFORE, the parties to the Agreement agree to reinstate and amend the Agreement as follows: Section 1. All terms conditions and covenants contained in the Agreement continue in full force and effect. Section 3 of the Agreement entitled "Term," as amended by the First Amendment to the Agreement, is revised to read as follows: "SECTION 3. Term. "The term of this Program Agreement extends until , December 31.2009." Section 2. By execution of this second amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement and the First Amendment not changed by this second amendment remain the same and in full force and effect. 2009-096 Res. 028062 Page 1 of 3 02/10/09 IA Agreement -Clean 01222009 Mikulencak, dba Extreme Homes EXEC TED IN TRIPLICATE, ea h of which is considered an original, on this the 1 y of ~~~ ~ , 2009. Corpus Christi Business & Job Development Corporation EI Salaz r Chairman ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on I ~1 ~(~.~'C h (V/ 2009, by Eloy Salazar, Chairman, Corpus Christi Business and Job Development Corporation, a Texas nonprofit c oration, on behalf of the corporation. Nota Publi ~~ State of Texas McNIQt~€ fiAM€ Notary Public STgTE OF TEX,gS MY Comm. Exp, 0140.2013 Page 2 of 3 2nd Amend - EMreme Homea 4A Agn;ement -Clean 01222009 ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: January 22, 2009 Lisa Aguilar sistant City Attorney for the City orney JOHN MIKULENCAK DBA EXTREME HOMES OF TEXAS J n l cu encak, Owner Date: Of 23 d9 ACKNOWLEDGMENT er couRCa....~.~~lo_ STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on ~~,,,,_`_"_~ ~3 ' 2009, by John Mikulencak. t~,:;,,,~ SAVANNAH KIRKPATRICK`~ ~ ~~~~~CK~ , ;~~';,, Notary Public Notary Public ; '~'~" MyCamtn.Exp.O~#/t>5J20t1 State Of Texas ~nr".a+.r~+:neW~x;+.^~ ~ r~nnttcia.~a,ne .n. Page 3 of 3 CITY OF CORPUS CHRISTI ~~ ' g 1 R. Escobar ity Manager Date: v~~ ~, , .,A //~~009 ~~. 2nd Amend - EMreme Hanes 4A Agreement -Clean 01222009