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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 .....s..�wrrr. SIT I RW�4 SEC ATresT , Cffy �T� . CHRISTI CHAPTER Re"48A J)E�� -- n VL -1)190-C `" 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