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Home My WebLink AboutC2014-115 - 3/20/2014 - NA ORIGINAL FIRST AMENDMENT TO THE FY11 and FY09, plus FY08, HOME FUNDING AGREEMENT (Formerly FY11 HOME FUNDING AGREEMENT) BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND THE NUECES COUNTY COMMUNITY ACTION AGENCY This first amendment ("First 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 NCCAA executed an agreement ("Agreement") on August 31, 2012, for the purpose of utilizing the CCCIC's FY11 and FY09 HOME Investment Partnerships Program ("HOME Program") funding provided through the City of Corpus Christi; WHEREAS, in addition to the funds initially granted to NCCAA, which include $300,000 of FY2011 HOME funds and an additional $300,000 FY2009 HOME funds for a total of $600,000 HOME funds as subject to the conditions of the Agreement, the CCCIC met and approved the grant of an additional $189,000 from FY2008 HOME funds subject to the terms of the Agreement; WHEREAS, NCCAA requested additional time and an 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 First Amendment: • to amend the grant fund amount by adding $189,000 from FY2008 HOME funds; • to amend the Agreement title to include reference to FY09 and FY08, to denote all years from which HOME funds have been granted, including FY11 and FY09 in the original Agreement and FY13 in this First Amendment; • to revise and extend the term stated in the Agreement; • 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 this First Amendment. WHEREAS, by execution of this First Amendment the parties mutually agree that: Section 1. The Agreement title and any and all other references to the Agreement title, such as that herein noted above, are amended by replacing the words: "FY11 HOME FUNDING AGREEMENT" With the words: "FY11 and FY09, plus FY08, HOME FUNDING AGREEMENT 2014-115 (Formerly FY11 HOME FUNDING AGREEMENT)" 3/20/14 Nueces County Community Action INDEXED Section 2. Section 2 of the Agreement, entitled "Agreement Period," is amended by deleting the date "February 28, 2014" and inserting the date "February 28, 2015." Section 3. Subsection 3(A), in Section 3 of the Agreement which is entitled "Grant Funds and Project" is amended as follows: "SECTION 3. GRANT FUNDS and PROJECT (A) The CCCIC agrees to grant NCCAA $300,000 of FY11 Federal HOME funds and $300,000 of FY09 Federal HOME funds, and an additional $189,000 of FY08 HOME funds for a total of$789,000 HOME funds, subject to the conditions of this Agreement. With grant funds provided under this Agreement, NCCAA acting as owner/developer, shall construct four (4) three (3) bedroom rental units and all will be HOME assisted ("Project")." Thereby replacing Subsection 3(A) with the following language: "SECTION 3. GRANT FUNDS and PROJECT (A) The CCCIC agrees to grant NCCAA $300,000 of FY11 Federal HOME funds and $300,000 of FY09 Federal HOME funds, and an additional $189,000 of FY08 HOME funds for a total of$789,000 HOME funds, subject to the conditions of this Agreement. With grant funds provided under this Agreement, NCCAA acting as owner/developer, shall construct four (4) three (3) bedroom rental units and all will be HOME assisted ("Project")." Section 4. Subsection 4(A), 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 13, 2014 as denoted in the footnote of said Exhibit "B", see attached. Additionally, as also noted at Subsection 4(A), 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 First Amendment as if fully set out herein and are effective for all intents and purposes. Section 6. By execution of this First Amendment, the parties agree to all amendments to the Agreement as contained herein this First Amendment. All other terms, conditions, and covenants of the Agreement not revised by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the _c;24___day of '14Qr6 t , 2014. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION 40/ / , , .,., _ , onald L. Olson or Aut •rizz. l esig nee General Manager APPROVED AS TO FORM: February 28, 2014 Cile,46-L Al--e/-/ A eborah Walther Brown/ Assistant City Attorney for the City Attorney NUECES COUNTY OMM N ACTION AGENCY, A Nonprofit Corporation By: A, G kn Printe• 1 ame: ` • j ��I d: Title: CIGO Date: 3 -)40---( -- ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on Jul 1, ( " 9.0 , 2014, bye A. MC -+lnP2 CEO , of the Nueces County Community Action Agency, a Texas nonprofit corporation, on behalf of the corporation. • r J. ti ik Notary Petdte,tittle d I atoll l- �- 1(i., # My Cossoisigp ,_, OWNS of Public, Sta e of Texas Attachment: Exhibit"B"as revised on January 13, 2014 • • EXHIBIT B Preliminary Budget& Construction Schedule Program & FY: HOME FY 11 & FY09 Project Name: 3226 Houston St. Project CDHO/Agency: Nueces County Community Action Agency (CHDO) Total Project Cost: $960,997 HOME Funds FY1 1: 300,000 HOME Funds FY09: 300,000 HOME Funds FY08: 189,000 TOTAL: $789,000 Preliminary Budget Project Financial Resources: (list may be adjusted to meet your project) (Funds available to complete project) Amount • Private Funding Source $171,997 • Total HOME Project Funding $789,000 • Other: (Neighborworks) $ Total Funds Available for Project $960,997 Estimated Expenses: (list may be adjusted to meet your project) (List estimated expenses to complete your project) such as: Amount • Land Acquisition $Completed • Site Prep $ 4,000.00 • Advertisement, Permits, etc $ 3,500.00 • A/E Fees and Related Costs $ 24,497.00 • Construction Cost $831,000.00 • Construction Related Contingencies $ 88,000.00 • ADA Appliances $ 10,000.00 Total Project Cost $960,997.00 (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) • Land Acquisition Completed • Platting/Soil Testing(other) Completed • Design/Bid Documents (specification packet) .August 2013 • Advertisement dates: MUST BE: 1 day/2 wks .September 2013 • Bid opening October 2013 • Contract award ..December 2013 • Pre-construction Meeting .January 2014 • Construction Start .February 2014 • Construction 100% completion January 2015 /gd—Rev: 01/13/14