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HomeMy WebLinkAboutC2012-329 - 8/30/2012 - NA1. FOURTH AMENDMENT . TO THE FY05 AND FY06 CHDO AGREEMENTS BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND THE NUECES COUNTY COMMUNITY ACTION AGENCY This fourth amendment ( "Fourth 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 ") 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, the Agreements termination date was subsequently extended and amended to December 31, 2012 through the execution of a third amendment, executed on March 29, 2012; WHEREAS, NCCAA has requested additional HOME funds be granted in the amount of $300,000 for project completion and the parties desire to execute this Fourth Amendment to grant the additional funds; 2012 -329 8/30/12 NCCAA CHDO Agmt FY05 FY06 Combined 4th. Amdmt 8- 30- 12.DWBFina1 NCCAA Page 1 of . . !N6EXE D Section 1. By execution of this Fourth Amendment, CCCIC awards $300,000 in additional HOME funds as a grant to NCCAA for project completion. Section 2. Any and all references to grant fund amounts in the sum of $200,000 and/or $266,000 found in the previously executed FY05, FY 06 and /or FY05 -FY06 combined Agreements are hereby amended to include the addition of grant funds in the amount of $300,000. Section 3. Any and all references to "sub recipient" found in the previously executed FY05, FY06 andlor FY05 -FY06 combined Agreements are hereby changed and amended to Community Housing Development Organization (CHDO). 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 or Third Amendments, are incorporated by reference into this Fourth 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, the Third Amendment and this Fourth 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 modified by this Fourth Amendment. (EXECUTION PAGE FOLLOWS) NCCAA CHDO Agmt FY05 FY06 Combined 4th Amdmt 8- 30- 12.DWBFina1 Page 2 of 3 EXECUTED in duplicate originals this the day of 2012. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION t6c Ti — ebr - tega Director of Neighborhood Services CHDO: NUECES COUNTY COMMUNITY ACTION AGENCY, a Texas nonprofit corporation J Martinez E cutive Director ' F - �d - t'r Date ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Joe Martinez, Executive Director of the Nueces County Community Adtion Agency, a Texas nonprofit corporation, on behalf of the corporati LESLIE LYNN SMITH TAR P U B L C MY Commission E*k*S STATE OF TEXAS August 30, 2015 J� APPROVED AS TO FORM THIS �� DAY OF , 2012 Carlos Valdez, CITY ATTORNEY , orah Walther Brown istant City Attorney NCCAA CHDO Agmt FY05 FY06 Combined 4th Amdmt 8- 30- 12.DW13Fina1 Page 3 of 3