AMENDMENT NO. 1 TO AGREEMENT NO. 6766
is Amendment No. 1 to Agreement No. 6766 (hereinafter 'Amendment") is dated thisLliday 2013, by and between the City of Napa, a municipal corporation ( hereinafter and Family S ices of the North Bay ( hereinafter " Subrecipient").
RECITALS
A. City and Subrecipient entered into an Agreement entitled 'Agreement Between the City of Napa and Family Service of the North Bay for Community Development Block Grant Program" ( hereinafter Agreement") on June 26th, 1995, City of Napa Agreement number 6766, by which the Subrecipient generally agreed to certain terms and conditions related its receipt of a subgrant of Federal Community Development Block Grant funding to purchase property for the operation of a house to be used as a public facility for providing transitional housing for low income, disabled and potentially homeless individuals.
B. Subrecipient has asked that the Parties amend the Agreement to reflect Subrecipients new organizational name, to provide for ongoing maintenance of the supportive housing by the Peter A and Vemice H. Gasser Foundation (" Gasser). and to require that a deed restriction be recorded against the real property on which the supportive housing is located that restricts the use of the property to the purposes identified in this Amendment
C. City is agreeable to Subrecipient's proposed amendments and the parties wish to modify relevant sections of the Agreement accordingly.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. INCORPORATION BY REFERENCE. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect
2. AMENDMENT. A new third paragraph is hereby added to the end of Part I(c), " Levels of Accomplishment,' to read as follows [ note: none of the other subsections of Part I is modified by this Amendment]:
44.C. Subrecipient shall maintain the property located at 709 Franklin Street ( the " Property') in compliance with all City of Napa building codes and United States Housing and Urban Development— established Housing Quality Standards. City retains its right to inspect the Property to ensure compliance with these standards.*
3. AMENDMENT. A new subsection (f) is hereby added to. Part I to read as follows:
I(f). Subrecipient shall not be eligible for any future funding through the CDBG Program for major building maintenance or equipment replacement This subsection f shall not be interpreted to prohibit Subrecipient from applying for future funding through the CDBG Program for operations at the Property."
4. PROVISION OF GUARANTY. Concurrent with the execution of this Amendment, Subrecipient shall furnish a guaranty in a form satisfactory to the City Attorney obligating Gasser to guarantee the obligation of Subrecipient to fund major systems replacement and building repair at the Propertyup to an annualamountof $25,000, and additionallyguaranteeingtheobligationof Subrecipient to fund building maintenance and equipment replacement at the Property up to an annual amount of 10, 000.
Amendment to Agreement 6766 Page t of 3
ATTACHMENT 2
5. DEED RESTRICTION. Concurrent with the execution of this Amendment, Subrecipient shall record a restriction against the deed for the Property, in a form acceptable to the City Attorney, that shall restrict the use of the Property to the purposes identified in Part I(A) of the Agreement and that grants to Gasser a right of first refusal to purchase the Property at fair market value for use for the intended purpose should Subrecipient elect to sell the -Property.
6. ENTIRE AGREEMENT. This Amendment ( including the Agreement as amended herein and all documents incorporated herein by reference) comprises the entire integrated understanding between the parties concerning the services described in this Amendment This Amendment supersedes all prior negotiations, agreements and understandings regarding the additional services described herein, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all.
7. SIGNATURES. The individuals executing this Amendment representand warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of the Consultant and the City. This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first Mike Pamess. City Manager
type name and We)
Dorothy Roberts. City Clerk
Type name and dW)
Itis^* fl i)
Desiree Brun, City Auditor
Type new and title)
Michael W. Barrett. City Attorney
Type name and title)
Amendment to Agreement 6766 Page 2 of 3
SUBRECIPIENT:
Fwv* Services of Bre North Bay
Mal
By:
signature)
Prim name and Mae)
Corporation, partnership, limited
liability corporation, sole
proprietorship, etc.
Unless corporate resolution delegates
an individual to sign contracts, an
agreement with a corporation shall be
signed by the President or Vice
President and the Secretary or
Treasurer of the corporation. A
general partner shall sign on behalf of
a general partnership. The managing
member, if authorized, may sign on
behalf of a limited liability corporation.
ATTACHMENT 2
Budget Code: N/ A
Amendment to Agreement 6766 Page 3 of. 3
ATTACHMENT 2
MM13 SW= fbrAamd Mfmmr® a
Seach Results
Currant SearchTemaz & W an - NoW of OW w ti * bay*
r— I Ibmd foromfmt ssmm
taM I trfamfersera memp1O ( ip1r1. 11 409D7
Ifob to as ibmn9b b a Fetoal Gwmrmt oafpttc Symms him of thb USA. systoncwwhx tOattat momf dgmdof — gw
hgpJMaw¢ am godowWUpflblIcWMR oQdmmMweri l& 7r 81B41UR& 260d1 a6po WVB= eptla* oJgdwds= o= JBRJS r0011® fdrk.. 1H ATTACHMENT 2