HomeMy WebLinkAboutC2014-124 - 4/15/2014 - NA ORIGINAL
FIRST AMENDMENT
TO THE
FY11 and FY12, plus FY13, HOME FUNDING AGREEMENT
(Formerly FY11 &FY12 HOME FUNDING AGREEMENT)
BETWEEN THE
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AND THE
WESLEY COMMUNITY CENTER
This first amendment ("First Amendment") is made by and between the Corpus Christi
Community Improvement Corporation ("CCCIC") and the Wesley Community Center
("Wesley").
WHEREAS, the CCCIC and Wesley executed an agreement ("Agreement") on May 9,
2013, for the purpose of utilizing the CCCIC's FY11 and 12 HOME Investment
Partnerships Program ("HOME") funding provided through the City of Corpus Christi;
WHEREAS, in addition to the funds initially granted to Wesley, which include up to
$150,000 of FY2011 HOME funds and up to $150,000 FY2012 HOME funds fora total
of$300,000 HOME funds as subject to the conditions of the Agreement, the CCCIC met
and approved the grant of an additional $200,000 from FY2013 HOME funds subject to
the terms of the Agreement;
WHEREAS, Wesley 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 $200,000 from FY2013 HOME
funds;
• to amend the Agreement title to include reference to FY13 therein
denoting the addition of FY13 HOME funds to the total amount granted;
• 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 & FY12 HOME FUNDING AGREEMENT"
With the words:
"FY11 and FY12, plus FY13, HOME FUNDING AGREEMENT
(Formerly FY11 & FY12 HOME FUNDING AGREEMENT)"
2014-124
4/15/14
Wesley Community Center INDEXED
Section 2. Section 2 of the Agreement, entitled "Agreement Period," is amended by
deleting the date "November 30, 2014" and inserting the date "February 28, 2015."
Section 3. Subsection 3(A), in Section 3 of the Agreement which is entitled "Grant
Funds" is amended as follows:
"SECTION 3. GRANT FUNDS
(A) The CCCIC agrees to grant Wesley up to $150,000 of FY2011 HOME
funds, up to $150,000 FY2012 HOME funds, and up to $200,000 of FY2013
HOME funds for a total of$500,000 HOME funds subject to the conditions of
this Agreement."
Thereby replacing Subsection 3(A) with the following language:
"SECTION 3. GRANT FUNDS
(A) The CCCIC agrees to grant Wesley up to $150,000 of FY2011 HOME funds,
up to $150,000 FY2012 HOME funds, and up to $200,000 of FY2013 HOME
funds for a total of$500,000 HOME funds subject to the conditions of this
Agreement."
Section 4. Subsection 24(B), in Section 24 of the Agreement which is entitled "Special
Conditions," is amended by deleting the date "October 31, 2014" and inserting the date
"January 31, 2015."
Section 5. The Budget and Construction Schedule, initially noted in the Agreement at
Section 4 and thereafter referenced throughout as Exhibit "B" to the Agreement, 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 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 6. 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 7. 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 UPL(LATE, each of which is considered an original, on this the
day of 17 , 2014.
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
i' W/7/11/
I . signee
L. Olson or Authorized ignee
General Manager
APPROVED AS TO FORM: April 11, 2014
4f-77-14/
D orah Walther Brown
ssistant City Attorney
for the City Attorney
WESLEY CO 0! / CENTER, a nonprofit corporation
L /
Printed Name: 16A LI ow e0(1)1.04Y çufr (W)
Title: 7XF C U t V E e—)e z c-T/
Date: 4-1-5 - ) 4-
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on 140: I f
/5 , 2014,
by Pf r'noI� r4 i kox , of We ley Community Center, a Texas
nonprofit corporation, on behalf of the corporation.
p
diV e
Notary P , State of Te s
Attachment:
Exhibit"B"as revised on January 13, 2014
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