HomeMy WebLinkAboutC2012-102 - 3/29/2012 - NATHIRD AMENDMENT
TO THE
FY05 AND FY06 CHDO AGREEMENTS
BETWEEN THE
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AND THE
NUECES COUNTY COMMUNITY ACTION AGENCY
This third amendment ( "Third Amendment ") is made by and between the Corpus Christi
Community Improvement Corporation ( "CCCIC ") and the Nueces County Community Action
Agency, hereinafter referred to as a Community Housing Development Organization ( "CHDO"
or, interchangeably, as the "SUBRECIPIENT ").
WHEREAS, the CCCIC and the CHDO executed an agreement ( "FY05 Agreement "), which
was approved by the CCCIC on September 13, 2005, for the purpose of utilizing the CCCIC's
FY05 HOME Investment Partnership Program ( "HOME Program ") funds;
WHEREAS, the CCCIC and the CHDO executed an agreement ("FY06 Agreement'), which
was approved by the CCCIC on September 16, 2007, for the purpose of utilizing the CCCIC's
FY06 HOME Program funds;
WHEREAS, both the FY05 Agreement and the FY06 Agreement were subsequently amended,
through the execution of respective first amendments ( "First Amendment to FY05
Agreement" and "First Amendment to FY06 Agreement," respectively);
WHEREAS, the scope and purpose to be accomplished by NCCAA and funded under the
FY05 Agreement and the FY06 Agreement changed (both agreements collectively referred to
in this Second Amendment as the "Agreements" since the substantive provisions in each are
identical, with the exception of minor items, applicable dates and funding amounts);
WHEREAS, the CCCIC approved a new change in scope and purpose for the Agreements at
their meeting held on March 23, 2010;
WHEREAS, the parties executed a combined second amendment to the Agreements
( "Second Amendment'), which Second Amendment served as the sole document to
simultaneously reinstate, extend, modify certain provisions, and amend both the FY05
Agreement and the FY06 Agreement;
WHEREAS, NCCAA has requested an extension, through the execution of this Third
Amendment, in order to complete the project funded under the Agreements; and
WHEREAS, the parties desire to execute this Third Amendment to revise and extend
the term stated in the Agreements, as modified by the First Amendment to FY05
Agreement, the First Amendment to FY06 Agreement, and the Second Amendment.
2012 -102
3129112
13rd Amdmt 2012 Page 1 of 3
CCCIC and NCCAA
INDEXED
Section 1. By execution of this Third Amendment, the parties agree to extend the term
of each of the Agreements, with a new termination date of December 31, 2012.
Section 2. Sections 2 of each of the Agreements are deleted in their entirety and are replaced
with the following language in each:
" SECTION 2. AGREEMENT PERIOD
This agreement ( "Agreement" or "HOME AGREEMENT ") terminates on
December 31, 2012, unless otherwise specifically provided for by the
terms of this Agreement.
Section 3. Subsections 5.1 and 5.2 of Section 5 of each of the Agreements are deleted in
their entirety and are replaced with the following heading and language:
SECTION 5. TERM
5.1 Except as otherwise provided pursuant to the provisions hereof,
this HOME AGREEMENT shall be effective upon execution by the last
signatory and shall terminate on December 31, 2012.
5.2 Notwithstanding the provisions of paragraph 5.1 hereof, the final
completion date for all construction work for the PROJECT shall be no
later than November 30, 2012. A proposed PROJECT budget and
construction schedule ( "Budget and Construction Schedule ") is attached to
this HOME AGREEMENT as Exhibit "A" and is incorporated into this
HOME AGREEMENT as if set out fully herein. A final PROJECT Budget
and Construction Schedule is required to be submitted by
SUBRECIPIENT pursuant to Section 10.
Section 4. All exhibits previously included and attached to the Agreements and as added,
modified, or replaced by the First Amendment to FY05 Agreement, First Amendment to FY06
Agreement, or the Second Amendment, are incorporated by reference into this Third
Agreement as if fully set out herein and are effective for all intents and purposes.
Section 5. The parties agree that all terms and conditions of the FY05 Agreement and the
FY06 Agreement not changed by the First Amendment to FY05 Agreement, the First
Amendment to FY06 Agreement, the Second Amendment, and this Third Amendment remain
the same and in full force and effect. The parties further agree that all modifications made to
the Agreements by and through any previously executed amendments continue in full force
and effect unless specifically further modified by the express language of this Third
Amendment.
(EXECUTION PAGE FOLLOWS)
NCCAA CHDO Agmt FY05 FY06 Combined 3rd Amdmt 2012 Page 2 of 3
EXECUTED in duplicate originals this the day of rt _ _ 2012.
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
I �: --: �-- ��" / -
Ronald L. Olson
General Manager
SUBRECIPIENT: NUECES COUNTY COMMUNITY ACTION AGENCY, a Texas
nonprofit corporation
he 4. Martinez
utive Director
3_�,����
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of n KL 012,
by Joe Martinez, Executive Director of the Nueces County Community Ac ion Agency, a
Texas nonprofit corporation, on behalf of the corporation.
Al
LBUri »� Lynn Bakllk
NOTARY PUBLIC
STATE lSff TEXAS
NCCAA CHDO Agmt FY05 FY06 Combined 3rd Amdmt 2012 Page 3 of 3