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FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT FOR WOODLAWN OAKS INFRASTRUCTURE FIRST AMENDMENT to the SUBRECIPIENT AGREEMENT between the CITY OF CLEARWATER, FLORIDA and LARGO AREA HOUSING DEVELOPMENT CORPORATION - TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION (co-developers) for WOODLAWN OAKS INFRASTRUCTURE THIS FIRST AMENDMENT ("Amendment") as entered into on this 1st day of February, 2006, to the ORIGINAL AGREEMENT dated, July 1,2005, by and between the City of Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Largo Area Housing Development Corporation and Tampa Bay Community Development Corporation, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development (BUD) for the purpose of conducting a Housing and Community Development Program with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act"; and WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban Development for the purpose of conducting the HOME Investment Partnership Program (HOME) with federal assistance under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended; and WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of conducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance under the William E. Sadowski Housing Act (Section 420.907 - .9079 Florida Statutes, Rule 67-37, Florida Administrative Code) which was signed into law on July 7, 1992; and WHEREAS, the City has determined through its Fiscal Year 2004-2005 Consolidated Action Plan and State Fiscal Year 2003-2006 Local Housing Assistance Plan, which was adopted on July 15, 2004, the necessity for providing funding for housing opportunities to very-low to moderate income residents of Clearwater; and WHEREAS, due to unforeseen development delays and rising costs of construction materials and supplies, it is necessary to increase the amount of the agreement to complete the necessary infrastructure improvements to the Woodlawn Oaks Subdivision; and WHEREAS, the City desires for the Developer to complete the Scope of Services in a timely fashion: WHEREAS, the original Agreement dated July 1, 2005 remains in full force in effect; NOW, THEREFORE, the parties hereto agree as follows: SECTION VII: METHOD OF PAYMENT The City agrees to provide the Developer Four-Hundred Thousand Dollars and ---- NO/tOO ($400.000), which said funds will be secured against the Woodlawn Oaks Subdivision property. The funds must be expended in accordance with the terms and conditions of the Agreement. Any remaining balance of funds shall revert to the City or other approved Developer(s). Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1. A. The Developer shall submit monthly requests for payment for actual expenditures, including applicable back-up documentation, no later than the tenth (lOth) day of the succeeding month and the City will provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if submitted by the deadline data for inclusion on the drawdown request. B. The City agrees to pay the Developer for expenditures incurred under this Agreement on an as needed basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendix 1. 2 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. Byr:1?j)~ d~ President TAMPABAYCOMNmNITY DEVELOPMENT CORPORATION By ~~4 President . LARGO AREA HOUSING DEVELOPMENT CORPORATION -z. . If. . (J' 2--t'-a{. Date Date ATTEST: ~\M\\ R\~ ~L~~ Secretary ATTEST: Pc~ YLwt lY-vt~1 Secretary U '2.,& .0' 2~ II. ~()" Date Date Countersigned: CITY OF CLEARWATER, FLORIDA ~-r-~r~ V. Hibbard Mayor-Councilmember By: ~~ William B. Home, II City Manager Continued: Approved as to form: ~~1J?II Assistant City Attorney Attest: ~~~/~~ .ttv Cyn E. oudeau -- V City Clerk ~- :- 3