HomeMy WebLinkAboutC2012-238 - 7/24/2012 - ApprovedVM
SEVENTH AMENDMENT TO THE
FY2005 -2006 CDBG SUBRECIPIENT AGREEMENT
and
FIRST AMENDMENT TO THE
FY2010 -2011 CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND .
AVANCE, INC.
This seventh amendment ( "FY05 -06 Seventh Amendment ") and first amendment ( "FY10 -11
First 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 ( "FY05 -06 Agreement ")
awarding One Hundred Thousand Dollars ($100,000) from the FY2005 -2006 Community
Development Block Grant ( "05 -06 ")( "CDBG ") Program, approved by the City Council on
September 13, 2005 (M2005 -313); related subsequent amendments were executed in 2006
( "FY05 -06 First Amendment'), 2007 ( "FY05 -06 Second Amendment" and "FY05 -06 Third
Amendment "), 2008 ( "FY05 -06 Fourth Amendment" and "FY05 -06 Fifth Amendment "), and
2011 ( "FY05 -06 6 th Amendment ") (referred to herein collectively as "FY05 -06 Amendments ");
WHEREAS, the Subrecipient's project scope, location, term and compliance dates set out in the
initial FY05 -06 Agreement changed over time;
WHEREAS, the parties mutually sought and ratified the FY05 -06 Agreement and all FY05 -06
Amendments and continued the FY05 -06 Agreement, as modified by the FY05 -06
Amendments, in full force and in effect for all intents and purposes, and therein revised the
project scope to that of new construction of a building to be located at 601 12 Street in Corpus
Christi, Texas, revised the completion of construction date to August 31, 2012 and revised the
term of the FY05 -06 Agreement to October 31,2012.
WHEREAS, the Subrecipient sought additional CDBG funding in order to complete the project;
WHEREAS, the City and the Subrecipient executed an agreement ( "FY10 -11 Agreement ")
awarding additional CDBG funding in FY2010- 2011(10 -11 °') in the amount of One Hundred
Seventy- Five Thousand Eight Hundred Twenty -Eight Dollars ($175,828), approved by the City
Council on October 25,2011 (Res029262);
WHEREAS, the scope of work to be completed by the Subrecipient under the FY05 -06
Agreement and subsequent FY05 -06 Amendments, and under the FY10 -11 Agreement
included the construction of a new facility located at 601 12 Street, Corpus Christi, Texas;
WHEREAS, the Subrecipient has determined that it will be more cost effective to rehabilitate the
current facilities located at 1509 Tarlton Drive, Corpus Christi, Texas;
WHEREAS, the parties desire to execute this Seventh Amendment to the FY05 -06 Agreement
and this First Amendment to the FY10 -11 Agreement to amend the scope and location of the
project.
2012 -238
7124112
Avance Inc. IVUO12 -137 INDE D
Section 1. Section 1, subsection 1. 1, of the FY05 -06 Agreement and FY10 -11 Agreement are
deleted and replaced with the following language:
"1.1 Scope of Work. Subrecipient, through its contractors and subcontractors,
shall rehabilitate an existing Facility by August 31, 2012, to be utilized by low and
moderate income individuals and families, on real property owned by the Subre-
cipient at 1509 Tarlton Drive, in the city of Corpus Christi ( "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. 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 nor rehabilitation
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. By execution of this 05 -06 Seventh Amendment and 10 -11 First Amendment, the
parties agree to amend the scope and location stated in the respective Agreement. All terms
and conditions of the 05 -06 Agreement not changed by the 05 -06 First Amendment, 05 -06
Second Amendment, 05 -06 Third Amendment, 05 -06 Fourth Amendment, 05 -06 Fifth
Amendment, 05 -06 Sixth Amendment and this 05 -06 Seventh Amendment remain the same
and in full force and effect; additionally, all terms and conditions of the 10 -11 Agreement not
changed by this 10 -11 First Amendment, remain the same and in full force and effect.
(EXECUTION PAGE FOLLOWS)
Avance FY05 7th Amend & FY 10 1 st Amend 20120705
E 7ECUTED IN DUPLICATE, each of which is considered an original, on this the 5�
day of , 2012.
CITY OF CORPUS CHRISTI
Eddie mega, Director I
Neighborhood Services
as designee of
Ronald L. Olson, City Manger
APPROVED AS TO FOR J 2 012
Js D orah Walther Brown
sistant City Attorney
for the City Attorney
f .■.��;P1'rara
Printed Name:
Title -
Date: l ,I
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`" ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ' 7 hL 1' 2012, by
_ `bp( N EES as a C TI 1b1 R;, (t itle) of the
Corpus Christi chapter of Avance, Inc., a Texas nonprofit corporation, on behalf of the
corporation.
\HII V6
" R VP 4 l, 9 PATRICIA 0. PtORES
A.
Public, State of Texas
y ,y. �, My Commission Expires
�iyfhis� •� March 19, 201
�pN1N
Notary Public, State of Texas
Avance FY05 7th Amend & FYI 0 1 st Amend 20120705