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HomeMy WebLinkAboutR-2010-152 Marvin Gardens Subdivision New Home Construction Amendment to the Agreement with OICRESOLUTION NO R-2010-152 A RESOLUTION authorizing the City Manager to amend an agreement with OIC of Washington for new home construction in the Marvin Gardens subdivision WHEREAS, the City of Yakima entered into an agreement with OIC of Washington to provide HOME funds for the construction of up to fifteen (15) homes in the Marvin Garden subdivision (R-2008-49) (Contract 2008-50), and WHEREAS, the terms of the original agreement run through December 31, 2010, and WHEREAS, OIC of Washington met the conditions of the agreement except that five (5) of the fifteen (15) homes remain unsold, and WHEREAS, OIC of Washington therefore requests an extension to complete the project by June 30, 2011, and WHEREAS, the City desires to give OIC of Washington the opportunity to complete the project; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager of the City of Yakima is herby authorized and directed to execute an amendment to the original agreement to provide an additional six-month extension during which time OIC will fulfill the terms of the agreement, now therefore, ADOPTED BY THE CITY COUNCIL this 14th day of December, 2010 Micah Cawley, yor ATTEST IC2sdzz2-4j 2/Z1 City Clerk AMENDMENT TO AGREEMENT Between CITY OF YAKIMA And OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON (Office of Neighborhood Development Services — HOME Investment Partnership Fund Project) r THIS AMENDMENT to Agreement is made and entered into by and between the CITY OF YAKIMA, a municipal corporation, and OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON, a nonprofit corporation, for the uses and purposes set forth below. I. RECITALS A. CITY OF YAKIMA, hereafter called "City," is a municipal corporation of the State of Washington with City Hall located at 129 North Second Street, Yakima, Washington 98901. The Office of Neighborhood Development Services is a division of the City administered through the Department of Community and Economic Development. B. OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON, hereafter called "OIC," is a nonprofit corporation duly formed and existing under the laws of the State of Washington, with offices located at 815 Fruitvale Boulevard, Yakima, Washington 98902. C. City and OIC have previously entered into an Agreement dated April 8, 2008, whereby City contracted with OIC to enable OIC to serve as the Community Housing Development Organization for construction of single family homes for qualified low-income persons under the provisions of the HOME Investment Partnership Act, as funded through the U.S Department of Housing and Urban Development. D. The Agreement described above was for a set term with expiration date of December 31, 2010. The parties agree that a six-month extension of such term is necessary and appropriate to allow for completion of the project, and that such Agreement should be amended to provide for such extension of term. II. AMENDMENT AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to both parties, the parties agree as follows: 1 1. Extension of Term. Section 7 of the original Agreement described above is hereby amended to provide that the term of the Agreement shall extend through midnight of June 30, 2011, an extension of the original term by six months. 2. All Other Provisions to Remain Unchanged. Except as amended pursuant to Section 1 above, each and every remaining term, covenant, condition and provision of the original Agreement executed by the parties on April 4, 2008 shall be the same as originally agreed upon and shall remain in full force and effect. 3. Appended to Agreement Upon execution of this Amendment by both parties, such Amendment shall be appended to the original Agreement. 4. Effective Date. This Amendment shall be effective upon the date set forth below WHEREFORE, this Amendment to Agreement is executed and effective this day of December, 2010 CITY OF YAKIMA OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON By ." 1,_ `- 4. By: ,rte 011144 R.A. Zais, Jity Manager Steve Mitchell, Chief Executive Officer By: '* Michael Morales, CED Director ATTEST: CITY CONTRAC r NO aZ0,052 RESOLUTION NO:_________________ 2 • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of December 14, 2010 ITEM TITLE A Resolution authorizing the City Manager to amend an agreement with OIC of Washington for new home construction in the Marvin Gardens subdivision SUBMITTED BY Michael Morales, Director Department of Community and Economic Development CONTACT PERSON/TELEPHONE Archie Matthews, ONDS Manager, 575-6101 SUMMARY EXPLANATION On March 18, 2008, Council approved an agreement with OIC of Washington to construct a total of fifteen homes in the Marvin Garden subdivision As of December 1, 2010, ten of the fifteen newly constructed homes have been sold and are owner occupied Applications are being considered on two of the remaining homes, and there are inquiries on the other properties With a pending contract expiration date of December 31, 2010, 010 requests a six month extension of the original agreement to complete the sale of the five remaining homes and to wrap up the project This successful collaboration between the City of Yakima and OIC has resulted in a wonderful new single family neighborhood in north central Yakima Approval of the resolution will extend the contract to June 30, 2011, to allow OIC to fulfill the terms of the agreement. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Approve the Resolution BOARD/COMMISSION/COMMITTEE RECOMMENDATION COUNCIL ACTION i'1:bGR.iS l,,lurntirn, 1, lraininFt ❑ Ktusmp; r. Crnnmunity S,•r\ irrs LOCATi C)N.S Yakitmt ur.n\ idr Mt. ''crams 1_alcr Lllr.nsIntr_Rost n r.. December 6, 2010 Archie Matthews, Manager Office of Neighborhood Development Services 112 S. 81h St. Yakima, WA Dear Archie, As you know, our successful partnership to build the Marvin Gardens subdivision is nearing completion. OIC of Washington's contract with the City of Yakima provides for a completion date of December 31, 2010 for this twenty -unit single family home construction project. By this letter I am requesting a six month extension of our contract with the City to complete the remaining home sales in the subdivision and close out our files and records onthis very important and worthwhile program. A six-month extension would take us through May 31, 2011. We at OIC appreciate all of your efforts in making this project a huge success. We look forward to new partnerships with the Office of Neighborhood Development Services (ONDS) in the future. Sincerely; Steve Mitchell Chief Executive Officer Phone: (509) 248.6751 u Fax: (509) 575-0482 Headquarters: 815 Fruitvale Boulevard, Yakima, WA 98902