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SECOND AMENDMENT TO THE SUBRECIPIENT AGREEMENT FOR WOODLAWN OAKS INFRASTRUCTURE '., : Woodlawn - 2nd Amend SECOND 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 SECOND AMENDMENT ("2ND Amendment") as entered into on this r- day of il~~: 2006, to the ORIGINAL AGREEMENT ("Agreement") dated, July 1,2005, and amended ~T AMENDMENT ("PI Amendment") on February 1,2006, 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 (HUD) 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, through the 1 sl Amendment it was necessary to increase the amount of the Agreement to complete the necessary infrastructure improvements to the Woodlawn Oaks Subdivision; and WHEREAS, due to delays in the subdivision platting process it is now necessary to extend the tenn of the agreement; and Woodlawn - 2nd Amend WHEREAS, due to delays in the subdivision platting process it is now necessary to extend the term of the agreement; and WHEREAS, the City desires for the Developer to complete the Scope of Services in a timely fashion; WHEREAS, other than as modified herein, the original Agreement dated July 1, 2005, and 1st Amendment dated February 1, 2006, remains in full force and effect; NOW, THEREFORE, the parties hereto agree as follows: SECTION IV: TERM OF AGREEMENT This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of Housing and Urban Development and/or the State of Florida and being duly executed by both parties, whichever is later. Funding for this project shall be available starting June 1. 2005 and shall continue through December 31. 2006, with the option for the City to extend based on the Developer's performance. 2 ..... Woodlawn - 2nd Amend 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. LARGO AREA HOUSING DEVELOPMENT CORPORATION TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION BYX! JJJe e7~ '-/ President r:;~'gt 7" /I ~ ,,' 7~(/'/)' Date Date ATIEST: Lv1J j~Mv Secretary ATTEST: rc~ YlW:.bu~ Secretary . ?""/.D' Date 7,II'D' Date Countersigned: CITY OF CLEARWATER, FLORIDA ~f~r~ "'-f'fank V. Hibbard Mayor By: ciJ!1.~4...A~~,,~ Illiam B. Home, II City Manager Continued: Approved as to form: ~~' Ulura Lipowski Assistant City Attorney Attest: 3