HomeMy WebLinkAboutResolution - 2017-R0352 - NELCDC Amendment 1 - 09/28/2017Resolution No.2017-R0352
Item No.6.11
September 28,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock,Amendment No. 1 to that certain Homebuyer New
Construction Agreement and all related documents by and between the City of Lubbock and the
North and East Lubbock Community Development Corporation,dated December 3,2015.Said
Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on September 28, 2017
ATTEST:
Rebecca Garza, City Secretary j
APPROVED AS TO CONTENT:
City Manager
?ORM:
JustiVi^ruilit,Assis/ant City Attorney
DANIEL M.POPE,MAYOR
ccdocs/RES.Amendment 1- Homebuyer New Construction Agreement -NELCDC
September 18,2017
Resolution No. 2017-RO352
FIRST AMENDMENT TO HOMEBUYER NEW CONSTRUCTION AGREEMENT
This First Amendment (the "Amendment") to the Homebuyer New Construction Agreement
(the "Agreement") is made by and between the City of Lubbock, a State of Texas home rule
municipal corporation (the "Grantee"), and the North & East Lubbock Community
Development Corporation, a State of Texas not for profit organization (the "Subrecipient")
(collectively, the "Parties"), acting by and through the Parties' representative officers and
officials, and is entered into by the Parties on raml,Pr �R , 2017 (the "Effective Date").
RECITALS
WHEREAS, the City and the Subrecipient executed the Agreement on December 3, 2015; and
WHEREAS, the City and the Subrecipient desire to amend the Agreement to extend the term of
the Agreement; and
NOW THEREFORE, the City and the Subrecipient hereby amend the Agreement as follows:
AMENDMENT
Article 1. The language in Section II.B., on page 2 of the Agreement, entitled "Terms and
Conditions of the Funding," shall be replaced with the following language:
"B. Term of Agreement — This agreement shall take effect upon being signed and dated
by both the SUBRECIPIENT and GRANTEE with the date of the last signature
representing the beginning of the term. Unless otherwise extended by written
agreement, the agreement will expire on September 30, 2018. Following the
expiration of the term, SUBRECIPIENT shall not be entitled to receive any additional
HOME funds but will continue to be obligated to fulfill any responsibilities to the
GRANTEE related to reporting, maintenance of records, providing access to records
for monitoring, other similar duties."
Article 2. The language in Section II.F.3, on page 6 of the Agreement, entitled "Terms and
Conditions of the Funding," shall be replaced with the following language:
"3. Project Expenditure Deadlines— All project activities and all expenditures of
HOME funds must be completed by September 30, 2018. If checked, the
additional interim deadlines apply to project expenditures:
[X] 50% of HOME funds expended and drawn by 9/30/2018
[ ] 75% of HOME funds expended and drawn by
[XI 100% of HOME funds expended and drawn by 9/30/2018"
Article 3. This Amendment shall become effective upon execution by the Parties. The remainder
of the Agreement shall remain in full force and affect except as changed herein.
[Signatures on following page]
First Amendment to Homebuyer New Construction Agreement — COL & NELCDC — September 2017 Page 1
SIGNATURES
FOR: THE CITY OF LUBBOCK
DAN L M. POPE, MAYOR
ATTEST:
0"0" d .4--- '�/
Rebe ca Garza, City Secretar
APPROVED AS TO CONTENT:
KUU41��
Karen Murfee, Community Development Director
APPROVED AS TO FORM:
FOR: THE NORTH & EAST LUBBOCK
COMMUNITY DEVELOPMENT
CORPORATION
onique Leman; Executive Director
Cosby Mor , Board Chairman
FED. I.D.# ] l-Dq j J j b3
First Amendment to Homebuyer New Construction Agreement— COL & NELCDC— September 2017 Page 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2017-263364
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
North & East Lubbock CDC
Lubbock, TX United States
Date Filed:
09/20/2017
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12955
Community Development services including housing and credit counseling, and the construction of affordable housing.
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
City of Lubbock
Lubbock, TX United States
X
X
5
Check only if there is NO Interested Parry. ❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
:10 DELICIA CAMILLE McCOY
110,0
NOTARY PUBLIC • STATE OF TEXAS
ID1130878736 ?
Shy COMM. EXP. 10-28-2020 Signa of authorized agent of contracting business entity
, 111t
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said �dln Lqju �. C,o��agyl this the DQ� day of
20to certify which, witness my hand and seal of office.
Signature of officer administering oath 0 Printed name of officer administering oath Title of officer administering oath
corms provlaea oy I exas tinics uommission www.etnlcs.stateAx.us Version V1.0.3337
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-263364
Date Filed:
09/20/2017
Date Acknowledged:
09/27/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
North & East Lubbock CDC
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12955
Community Development services including housing and credit counseling, and the construction of affordable housing.
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
City of Lubbock
Lubbock, TX United States
X
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
I-orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337