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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 �ii O41121201,5 Neighbad Ctrs FY02 FY05 Agmt 6th Amdmt 20110919 Page 3 of 3