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HomeMy WebLinkAboutC2019-711 - 7/23/2019 - Approved DocuSign Envelope ID:60573EED-51 BA-49D3-BC37-92OD1789DOBO SECOND AMENDMENT TO THE HOME GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI,WAYFORWARD, a Texas Non-Profit Corporation AND FISHPOND LIVING AT CORPUS CHRISTI, LP This Second Amendment ("Second Amendment") is made by and between the City of Corpus Christi, Texas (hereinafter "CITY") and WAYFORWARD a Texas nonprofit corporation (hereinafter "BORROWER")and FISHPOND LIVING AT CORPUS CHRISTI, LP a Texas Limited Partnership("OWNER") WHEREAS, the CITY, BORROWER and OWNER executed a HOME Grant Agreement dated October 30, 2020, which was approved by the City Council for the purpose of utilizing some of the City's FY2019-20 Home Investment Partnership Program ("HOME") Program funds (hereinafter the "Agreement"); WHEREAS, the parties desire to execute this Second Amendment to express their mutual desire to reaffirm all terms, conditions, and covenants stated in the original Agreement and to extend the termination date of the Agreement for construction of the Fishpond Living project a Corpus Christi Affordable Housing project (the "Project") as further set out in the Agreement. NOW,THEREFORE,in consideration of the mutual covenants contained herein,and for other good and valuable consideration the parties agree as follows: Section 1. By execution of this Second Amendment, the parties agree to reaffirm and continue in force all terms, conditions, and covenants stated in the original Agreement and any prior Amendments, and as may be further amended by the execution of this Second Amendment. Section 2. Section 1.2 Term of the Agreement is hereby amended by deleting the original termination date of"December 31, 2022" an inserting a new termination date of"June 30, 2023." Section 3. Exhibit "A-1" of the Agreement, entitled "Budget & Construction Schedule" is hereby amended and replaced with the attached "Amended Budget & Construction Schedule" attached hereto and incorporated herein as "Exhibit A-1." Section 4. By execution of this Second Amendment, the parties agree to revise the FY2019-20 HOME original Agreement extending the Term of Agreement to June 30, 2023. All other terms,conditions,and covenants of the Agreement not changed by this Second Amendment,or any prior Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) FY19 HOME Wayforward 2nd Amendment DocuSign Envelope ID:60573EED-51 BA-49D3-BC37-92OD1789DOBO EXECUTED this the day of 1/5/2023 ATTEST: NEIGHBORHOOD SERVICES DEPARTMENT Docusigned by: U3AfiB26D51947D... ocusignedby: Rebecca Huerta d'4fb$`$; Director City Secretary Neighborhood Services Department APPROVED AS TO FORM: 031814 Authorized By DS ocusignedby: Council July 23, 2019 Er- ICVA ' Mdly«r Ftcfiyar Assistant City Attorney Wayforward, a Texas nonprofit organization DocuSigned by: 1/4/2023 6wiitn,iG �°liSc�b tato, Executive Director Date ATTEST: FumuSigned by: Fishpond Living at Corpus Christi LP, a Texas Limited Partnership LDacuSigned dby: Va-ll F6WIAACr 1/4/2023 Vid'1PNffliW Managing Member Date ATTEST: DacuSigned by: PatF FY19 HOME Wayforward 2nd Amendment