HomeMy WebLinkAboutC2012-012 - 1/4/2012 - NASIXTH AMENDMENT
TO THE
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NEIGHBORHOOD CENTERS OF CORPUS CHRISTI, INC.
This sixth amendment ( "Sixth 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 and Fifth Amendment
to further extend the completion and Agreement termination dates;
WHEREAS, the Agreement expired January 31, 2011;
WHEREAS, the parties mutually seek to reinstate and ratify the Agreement and all of the
Amendments; continue the Agreement, as modified by the Amendments, in full force and effect
for all intents and purposes; and to revise the completion and termination dates 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 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 September 30, 2012, to be utilized by low
and moderate income individuals and families, on real property owned by the
Subrecipient and located at the corner of 18 Street and Marguerite Street, in the City of
Corpus Christi, Nueces County, Texas ( "Improvements "). For the purposes of this
2012 -012 1 "Facility" or "Facilities" collectively includes the above- mentioned
01/04/12
Neighborhood Centers of C.C., Inc. INDEXED
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 (" CDW) and by the City's Development Services Department ( "Development
Services ")."
Section 3. Section VII, subsection 7.9, of the Agreement is deleted and replaced with the
following language:
"7.9 Completion Date of Construction. Subrecipient shall complete construction of
the Improvements to the Facilities in accordance with the approved Plans and
Specifications by September 30, 2012. If Subrecipient is rendered unable to carry out
the terms of this paragraph, Subrecipient shall promptly give the City written notice of
such delay together with reasonable particulars concerning it. The City Manager, or his
designee, may extend the construction time schedule for such time as he deems
justified."
Section 4. Section VIII, subsection 8.1, of the Agreement is deleted and replaced with the
following language:
"8.1 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. 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 5. Section VIII, subsection 8.2, of the Agreement is deleted and replaced with the
following language:
"8.2 Objective. Subrecipient shall operate the Facilities and the Premises to further the
primary objective of the Housing and Community Development Act as outlined in 24
CFR 570.200 and 570.208 and will improve the facilities by September 30, 2012, and
provide programs to help low and moderate income individuals and individuals with
disabilities improve the quality of their lives and reach their maximum potential for
independence and at all times in accordance with the Department of Housing and Urban
Development's Community Development Block Grant regulations and all local, state,
and federal requirements and laws."
Section 6. By execution of this instrument, the parties mutually desire to reinstate and 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 completion and termination dates stated in the Agreement.
Section 7. 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.
Neighbad Ctrs FY02 FY05 Agmt 6th Amdmt 20110919 Page 2 of 3
EXECUTED IN DUPLICATE, each of which is considered an original, on this the y day
of U 201,
ATTEST:
j'
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Ronald L. Olson
City Manager
APPROVED AS TO FORM:
Elizabe . Hundley
Assistaht,City Attorney
for the City Attorney
2011
NEIGHBORHOOD CENTERS OF CORPU CHRISTI, INC.
By:
Printed Name:
Title: Dij?Ee-Ty�2
Date: 30 2 y//
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
is in trump t was acknowledged be me on LA- ,�j , 2011, by
IS o L , as (title) of the
Neighborh d Centers of Corpus Christi, Inc., a Texas nonprofit corporation, on behalf of the
corporation.
4
z °tv Laurisa Ln Baklik No Public, State of 'qLa Commission Expires
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Neighbad Ctrs FY02 FY05 Agmt 6th Amdmt 20110919 Page 3 of 3