HomeMy WebLinkAboutC2010-077 - 3/11/2010 - NAFIFTH AMENDMENT
TO THE
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NEIGHBORHOOD CENTERS OF CORPUS CHRISTI, INC.
This fifth amendment ("Fifth Amendment") is made by and between the City of Corpus Christi
("City") and the Neighborhood Centers of Corpus Christi, Inc. ("Subrecipient").
WHEREAS, the City and the Subrecipient executed an agreement ("Agreement"), which was
approved by the City Council on July 23, 2002 (M2002-228), for the purpose of utilizing the
City's FY02 Community Development Block Grant ("CDBG") Program funds;
WHEREAS, the scope of work to be completed by the Subrecipient was amended by execution
of a First Amendment and a Second Amendment;
WHEREAS, the Subrecipient was granted additional CDBG Program funds for FY05;
WHEREAS, the City and the Subrecipient executed a Third Amendment to include the
additional funding, amend the scope of work, and amend the completion and Agreement
termination dates;
WHEREAS, the City and the Subrecipient executed a Fourth Amendment to extend the
completion date and the term of the Agreement; and
WHEREAS, the City and the Subrecipient desire, by execution of this Fifth Amendment, to
further extend the completion date and the term of the Agreement.
Section 1. Section I, subsection 1.1, of the Agreement is deleted and replaced with the
following language:
"1.1 Scope of Work. Subrecipient, through its contractors and subcontractors,
shall design and construct a new facility by December 31, 2010, to be utilized by low and
moderate income individuals and families, on real property owned by the Subrecipient
and located at the corner of 18th Street and Marguerite Street, in the City of Corpus
Christi, Nueces County, Texas ("Improvements"). For the purposes of this Agreement,
the term "Facility" or "Facilities" collectively includes the above-mentioned real property
and any improvements located 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 and
any executed amendments. All Improvements must be constructed in accordance with
the plans and specifications ("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 Administrator or the Administrator's
designee ("Administrator") of the City's Community Development Division ("CDD") and
by the City's Development Services Department ("Development Services")."
2010-077
03/11/10
Neighborhood Centers of CC INDEXED
Section 2. Section VIII, subsection 8.1, of the Agreement is deleted and replaced with the
following language:
"8.1 Term. This Agreement terminates January 31, 2011. Extensions to the term of
this Agreement may be requested by the Subrecipient and approved by the City
Manager. Notwithstanding the stated termination date of this Agreement, the
Subrecipient shall be bound by all covenants, terms, and conditions of this Agreement,
including, without limitation, recordkeeping requirements, for a period of six (6) years
commencing on the date of the Subrecipient's completion of the Improvements or the
date of the last disbursement of CDBG funds to the Subrecipient under this Agreement,
whichever is later."
Section 3. By execution of this Fifth Amendment, the parties agree to amend the completion
date and to extend the term of the Agreement. All terms and conditions of the Agreement not
revised by the First Amendment, the Second Amendment, Third Amendment, Fourth Amend-
ment, and this Fifth Amendment remain the same and in full force and effect.
EXECUTED IN DUPLICATE, each of which is considered an original, on this the
~_ day of ~ArC,~il_ , 2010.
ATTEST:
~~~
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
~,
~~~~
`An el .Escobar
City Manager
APPROVED AS TO FORM: ~/ /(~~~,~ 6 j , 2010
c
Eliza th R. Hundley
Assi ant City Attorney
for the City Attorney
(SEE EXECUTION PAGE FOLLOWING)
Neighbad Ctrs FY02 FY05 Agmt 5th Amdmt 20100305.doc Page 2 of 3
NEIGHBORHOOD CENTERS OF CO
By:
CHRISTI, INC.
Printed Name: ~I~Gt'l7~' Sy~~
Title: ?> ii2~-fo~
Date: v g ~ ~ 2c~ !~
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
T ' strument s acknowledged before m n `~ ~ , 2010,
by as ~ ~ Z (title)
of the Neighb ood Centers of Corpus Christi, Inc., a Texas nonprofit corporation, on
behalf of the corporation. ~ ~~~ ^ _
(Seal)
,a«~~~~-6i;.~ LAURISA LYNN BAKLIK
~;~;~: Notary Public, State of hexas
=,: :'« My Commission Expires
~~'%~;; of ~;;~` Morch 09, 2011
Neighbad Ctrs FY02 FY05 Agmt 5th Amdmt 20100305.doc Page 3 of 3