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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