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Home My WebLink AboutC2011-442 - 10/25/2011 - NASIXTH AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND AVANCE, INC. This sixth amendment ( "Sixth 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 in 2006 ( "First Amendment "), 2007 ( "Second Amendment" and "Third Amendment "), and 2008 ( "Fourth Amendment" and "Fifth Amendment ") (referred to herein collectively as "the Amendments ") for the purpose of utilizing the City's FY05 Community Development Block Grant ( "CDBG ") Program funds; WHEREAS, the Subrecipient's project scope and location changed over time; WHEREAS, the Subrecipient experienced delays and had not commenced and completed construction prior to the expiration of the Agreement on March 31, 2009; WHEREAS, the Subrecipient intended to seek a continuation of the Agreement, a change in project location, and additional CDBG funding in order to complete the project; WHEREAS, the Subrecipient was awarded additional CDBG funding in FY2010 -2011 in the amount of $175,828; WHEREAS, the parties mutually seek to ratify the Agreement and all of the Amendments and continue the Agreement, as modified by the Amendments, in full force and in effect for all intents and purposes, and to revise the term date of the Agreement by revision of the appropriate sections of the Agreement in this Sixth Amendment; and WHEREAS, the parties desire to execute this Sixth Amendment to effectuate the necessary changes. Section 1. The preamble and introductory paragraphs set out above are incorporated into and form part of this Sixth Amendment. Section 2. Section 1, subsection 11, of the Agreement is deleted and replaced with the following language: "1.1 Scope of Work. The Subreciplent shall complete the work outlined in the funding proposal that was submitted and approved by the City's City Council for FY2005 -06, such proposal being incorporated into this Agreement by reference as if fully set out in this Agreement. The Subrecipient, through its contractors and subcontractors, shall construct a new Facility and improvements by August 31, 2012 ( "Improvements "). The Facility and Improvements will be located on real property owned by the Subrecipient and located at 601 12 Street, Corpus Christi, 2011 -442 10/25/11 Avance, Inc. INDEXED Nueces County, Texas. For the purposes of this Agreement, the term "Facility" collectively includes the aforementioned real property and any improvements existing 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. 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 ")." Section 3. Pursuant to Section 1, subsection 1.3, a revised Budget and Construction Schedule ( "EXHIBIT A- revised ") is attached to this Seventh Amendment and is incorporated by reference into the Agreement and this section of the Seventh Amendment as if fully set out herein in its entirety. Notwithstanding the foregoing, the Subrecipient acknowledges and agrees that a final Budget and Construction Schedule must be submitted in accordance with subsection 1.4 of Section 1 of the Agreement as required. Section 4. Section 7, subsection 7.9, of the Agreement is deleted and replaced with the following language: "7.9 Completion Date of Construction. The Subrecipient shall complete con- struction of the Facility and Improvements in accordance with the approved Plans and Specifications by August 31, 2012. If the Subrecipient is rendered unable to carry out the terms of this subsection, the Subrecipient shall promptly give the City written notice of such delay together with reasonable particulars concerning it. The Administrator may extend the construction time schedule for such time as may be deemed necessary and justified, provided, however, that the extension of the construction time schedule does not exceed the term of this Agreement. (An extension of the term is addressed in Section 9.)" Section S. Section 9, subsection 9, 1, of the Agreement is deleted and replaced with the following language: "9.1 Term. This Agreement terminates October 31, 2012. 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 6. Section 9, subsection 9.2, of the Agreement is deleted and replaced with the following language: 1.2 Objective. The Subrecipient shall operate the Facility and Improvements to further the primary objective of the Housing & Community Development Act as outlined in 24 CFR 570.200 and 570.208, as each may be amended, and will construct the Facility and Improvements by August 31, 2012, and provide programs to help low and moderate income individuals improve the quality of Avance FY05 6th Amdmt 20110914 NEW Page 2 of 4 their lives, at all times in accordance with HUD's Community Development Block Grant regulations and guidelines and all local, State, and Federal requirements and laws." Section 7. By execution of this instrument, the parties mutually desire to reinstate the Agreement, ratify the Agreement and all of the previously executed Amendments, and continue the Agreement in full force and effect for all intents and purposes as if the Agreement had not expired. Additionally, the parties desire to extend the term stated in the Agreement. Section 8. All terms and conditions of the Agreement not changed by the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, and this Sixth Amendment remain the same and in full force and effect. Attached and incorporated: EXHIBIT A- revised (EXECUTION PAGE FOLLOWS) Avance FY05 6th Amdmt 20110914 NEW Page 3 of 4 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Z D , 2011 IL viC✓ V'LZ \.r i Elizab t R. Hundley Assis a City Attorney for the City Attorney CITY OF CORPUS CHRISTI Ronald L. Olson City Manager J_A"V N — ORPUS CHRIST CHAPTER B Printed Name: `'1- j:-- -L Title:�� 1 ti Date: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: is instrume s acknowledged before me on _ , 2011, by as (title) of the Corpus Christi chapter of Avance, Inc., a Texas nonprofit corporation, on behalf of the corporation. a �o� E SM /Z100 a "" . sa�ldx� uassiwwoo Aw m, I �I!!�1e8 UUAI asunel �� d Avance FY05 6th Amdmt 20110914 NEW