HomeMy WebLinkAboutC2013-055 - 2/6/2013 - NA1, M r..1
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 ( "NCCAA ").
WHEREAS, the CCCIC and the NCCAA 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 NCCAA also 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 Fourth 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 parties subsequently executed a combined third amendment to the
Agreements ( "Third Amendment "), which Third Amendment served as the sole document to
simultaneously revise and extend the construction and term dates stated in both the FY05
Agreement and the FY06 Agreement by amendment to Sections 2 and 5 of the Agreements,
therein providing further time for NCCAA to complete the projects contemplated under the
Agreements;
WHEREAS, NCCAA has made a timely request for an additional extension of the
construction and term dates stated in Sections 2 and 5 of the Agreements, in order to
complete the projects contemplated under both the FY05 Agreement and the FY06
AnrPPmPnt and
2013 -055
2106113
KCCAA INDEXED
WHEREAS, the parties desire to execute this Fourth Amendment to further revise and
extend the construction and term dates stated in the Agreements, as modified by the
First Amendment to FY05 Agreement, the First Amendment to FY06 Agreement, the
Second Amendment and the Third Amendment.
Section 1. By execution of this instrument, the parties herein now amend Section 2 of
each of the Agreements, by deleting the date "December 31, 2012" and inserting the
date of "April 30, 2013."
Section 2. By execution of this instrument, the parties herein now amend Subsection
5.1 of each of the Agreements, by deleting the date "December 31, 2012" and inserting
the date of "April 30, 2013."
Section 3. By execution of this instrument, the parties herein now amend Subsection
5.2 of each of the Agreements, by deleting the date "November 30, 2012" and inserting
the date of "March 31, 2013."
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, the Second Amendment, or the third Amendment are incorporated by reference
into this Fourth Amendment 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 specifically further modified by the express
language of this Fourth Amendment.
(EXECUTION PAGE FOLLOWS)
NCCAA CHDO Agmt FY05 FY06 Combined 4th Amend 20120124
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EXECUTED IN DUPLICATE, each of which is considered an original, on this the
6 day of ab 12Z ' _ , 2013.
.i
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
Eddie Ortega, Director o eighbor d Services
As. Designee of Ronald L. Olson, General Manager of CCCIC
NUECES COUN COM ITY ACTION AGENCY, a nonprofit corporation
By:
Printe ame:
Title: �Co
Date: / 1!' 1 '-� _0
APPROVED AS TO FORM: /�.� J �/3 , 2013.
ebarah Walther Brown Ll
Assistant City Attorney
for the City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on 1 2013,
by a Teas n -z. oratio , of the Nueces ounty Community
Actiokg�ency, xonprofit corpn, on behalf of the corporation.
MUM WELLS
A. `" MY COMMISSION EXPIRES
�` , February 21, 2015
- �Vvvr"� v-� w\&L�
Notary Public, State of Texas
NCCAA CHDO Agmt FY05 FY06 Combined 4th Amend 20120129
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