HomeMy WebLinkAboutC2014-114 - 3/20/2014 - NA ORIGINAL
FOURTH AMENDMENT
TO THE
FY10 HOME FUNDING AGREEMENT
BETWEEN THE
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AND
NUECES COUNTY COMMUNITY ACTION AGENCY
A
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
This fourth amendment ("Fourth Amendment") is made by and between the Corpus
Christi Community Improvement Corporation ("CCCIC") and Nueces County Community
Action Agency ("NCCAA"), a Community Housing Development Organization ("CHDO").
WHEREAS, the CCCIC and NCCAA executed an agreement ("Agreement") on July 7,
2011, for the purpose of utilizing the CCCIC's FY10 HOME Investment Partnerships
Program ("HOME Program") funding provided through the City of Corpus Christi;
WHEREAS, the parties subsequently executed three amendments to the Agreement
("First Amendment," "Second Amendment," and "Third Amendment"), all of which
revised and extended the dates stated in Sections 2 and 24 of the Agreement, therein
providing further time for NCCAA to complete the project contemplated under the
Agreement;
WHEREAS, there was a scrivener's error made with regard to the title of the Third
Amendment and the City requests an amendment to correct said error;
WHEREAS, the parties request a fourth extension in order to complete the project
funded under the Agreement.
WHEREAS, a revised version of Agreement Exhibit "B", the Budget and Construction
Schedule, has been provided; and
WHEREAS, the parties mutually desire to execute this Fourth Amendment:
• to amend the title of the Third Amendment;
• to revise and extend the term stated in the Third Amendment;
• to replace Exhibit "B" in its entirety with the revised version; and
• to reaffirm all other terms, conditions, and covenants stated in the original
Agreement which are not changed by the First Amendment, Second
Amendment, Third Amendment or this Fourth Amendment.
WHEREAS, by execution of this Fourth Amendment the parties mutually agree
that:
Section 1. A scrivener's error was made with regard to the title of the Third Amendment
which reads as follows:
2014-114
3/20/14
INDEXED
Nueces County Community Action
4
"THIRD AMENDMENT
TO THE
FY10 HOME SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NUECES COUNTY COMMUNITY ACTION AGENCY"
The Third Amendment title is amended to reflect the wording of the title used prior to the
Third Amendment, by replacing the word "Subrecipient" with the word "Funding" and
replacing the words "City of Corpus Christi" with the words "Corpus Christi Community
Improvement Corporation". Additionally the City requests that the NCCAA CHDO
designation be reflected in the final line of said title. The title as amended shall read as
follows and as written at the top of this Fourth Amendment document:
"FOURTH AMENDMENT
TO THE
FY10 HOME FUNDING AGREEMENT
BETWEEN THE
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AND
NUECES COUNTY COMMUNITY ACTION AGENCY
A
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION"
Section 2. Section 2 of the Agreement, entitled "Agreement Period," is amended by
deleting the date "September 30, 2014" and inserting the date "March 31, 2015."
Section 3. Subsection 24(B), in Section 24 of the Agreement which is entitled "Special
Conditions," is amended by deleting the date "August 31, 2014" and inserting the date
"February 28, 2015."
Section 4. Subsection 4(C), in Section 4 of the Agreement which is entitled "NCCAA's
Performance", refers to the Budget and Construction Schedule as Exhibit "B" therein
and throughout the Agreement. Said Exhibit "B" is replaced in its entirety with the
version revised on January 15, 2014 as denoted in the footnote of said Exhibit "B", see
attached. Additionally, as noted at Subsection 18 (D), in Section 18 of the Agreement
which is entitled "Changes and Amendments", once the Final Budget and Construction
Schedule is provided, it will be substituted for the then existing Exhibit "B" and become
Exhibit "B" of this Agreement.
Section 5. All exhibits previously included and attached to the Agreement and as
added, revised and/or replaced by the First Amendment, are incorporated by reference
into this Fourth Amendment as if fully set out herein and are effective for all intents and
purposes.
Section 6. By execution of this Fourth Amendment, the parties agree to all
amendments to the Agreement as contained herein this Fourth Amendment. All other
terms, conditions, and covenants of the Agreement not previously revised by the First,
Second or Third Amendment, or by this Fourth Amendment, remain the same and in full
force and effect.
g EXECUTED IN DUPLICATE, each of which is considered an original, on this the
as 41 day of /"iArck , 2014.
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
Ronald L. Olson or ut rl ized Designee
General Manager
APPROVED AS TO FORM: February 28, 2014
d--7D borah Walther Brown '
ssistant City Attorney
for the City Attorney
NUECES COUN OMMUN TY ACTION AGENCY, A Nonprofit Corporation
By: C�-
Printed Name:
Title: V
Date: ,?
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on Weil eqO , 2014,
by DOE' A. I^-lAH-i IIeZ, LE() , of the Nueces County Community
Action Agency, a Texas nonprofit corporation, on behalf of the corporation.
.�; ANGELICA J.GARZA i(c o, ijOut
M Nor Mk SIM of Ries Nota ra Public, State of Texas
•
GOM 5
Attachment:
Exhibit"B"as revised on January 15, 2014
EXHIBIT "B"
Preliminary Budget & Construction Schedule
FY and Funding: FY2010/HOME
Project Name: Rental Property Acquisition and Rehab -CHDO
Organization: Nueces County Community Action Agency
Total Project Cost: $325,000 HOME award: $300,000
Preliminary Budget
Project Financial Resources: (list may be adjusted to meet your project)
(Funds available to complete project) Amount
• Private Funding Source $ 0
• FY 2010 HOME Fund $ 300,000
• Other: (Match—NCCAA Capital Contribution) $_25,000
Total Funds Available for Project $325,000
Estimated Expenses: (list may be adjusted to meet your project)
(List estimated expenses to complete your project) such as: Amount
• Land Acquisition $122,156
• Phase I Environmental Survey $
• Advertising, Printing, etc .$
• A/E Professional Services $ 5,000
• Rehab Cost $ 175,284
• Construction Contingencies $ 17,528
• Developers Fee $
Total Project Cost $325,000
(Funds needed for the project)
NOTE: The"total funds available for the project," shall be equal to the "total project cost."
Preliminary Construction Schedule
(Project Dates for completion of key project phases)
Projected Dates
• Land Acquisition JUNE 2011(completed)
• Platting/Soil Testing (lead based paint, environmental, etc.) MAY 2011
• Design/Bid Documents (specification packet)completed JUNE 2012(Roofing-completed)
• Advertisement: MUST BE 1 day/2 consecutive wks FEB 2014
• Bid opening FEB 2014
• Contract award MARCH 2014
• Construction 100% completion MARCH 2015
Rev: Jan. 15,2014