CM-08-04-086DATE: April 11, 2008
SUBJECT: City Manager Approval
ITEM: Execute a Termination Agreement between the City of Round Rock and
AGAPE Pregnancy Resource Center.
Department: Planning and Community Development
Staff Person: Mona Ryan, Community Development Coordinator
Justification: AGAPE elected to terminate its agreement with the City to use
Community Development Block Grant funds for its facility
expansion.
Funding:
Cost: -0-
Source of funds: CDBG HUD Entitlement Funds
Background Information:
On July 27, 2006, AGAPE entered into an agreement with the City of Round Rock
(R-06-07-27-11D.A) to use CDBG funds for facility expansion. AGAPE now wishes
to terminate this agreement and has returned funds. The $116,961 awarded to
AGAPE will be returned to the CDBG program and reallocated into new activities in
2008.
TERMINATION AGREEMENT
This Termination Agreement ("Termination Agreement") is entered into between the
CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation ("City") and AGAPE
PREGNANCY RESOURCE CENTER, a Texas non-profit corporation ("AGAPE").
In consideration of the mutual covenants contained herein the parties agree as follows:
1. Representations of the Parties
1.01 This Termination Agreement concerns the "Community Development Block
Grant Public Facilities Loan Agreement" ("Loan Agreement") entered into by the parties on July
27, 2006 involving the lending of certain funds from the United States Department of Housing
and Urban Development under the Housing and Community Development Act of 1974, as
amended.
1.02 AGAPE hereby represents that it did not receive any funding from the City
pursuant to the Loan Agreement.
1.03 The City hereby represents that it did not pay any amounts to AGAPE pursuant to
the Loan Agreement. The City further represents that it has released AGAPE from any and all
liens associated with its interests under the Loan Agreement.
2. Termination of Agreement
2.01 The parties hereby mutually understand and agree that provisions regarding notice
in the Loan Agreement, if any, are hereby waived.
2.02 The parties hereby mutually understand and agree that the Loan Agreement is to
be terminated and will be of no further force or effect upon the execution of this Termination
Agreement by both parties.
2.03 The City and AGAPE each are fully and unconditionally released and discharged
by the other from their respective obligations arising from or in connection with the Loan
Agreement. This Termination Agreement will fully and finally settle all demands, charges,
claims, accounts, or causes of action of any kind arising out of or in connection with the Loan
Agreement, and this Termination Agreement constitutes a mutual release with respect to all
claims arising out of or in connection with the Loan Agreement.
[Signature Page Follows]
Termination Agreement 1 of 2
Round Rock/AGAPE
Cl�l- 0S-- - Ot
00128897.DOC/PS
The parties are signing this Termination Agreement in duplicate originals on the dates
indicated.
AGAPE PREGNANCY RESOURCE CENTER
104 E, Main Street
Round Rock, Teas 7664
By:l�,✓G�. G�
(157//6ess4-:
Printed Name
r{ t S /
Date:
Title
CITY OF ROUND ROCK, TEXAS
221 E. Main Street
Round Rock, Texas 78664
By:
Printed Name
Title
Date: ' ' `9"°
Attest:
(4,61Atf
For Cit , Approved as to Form:
Sara White, City Secretary StephL. Sheets, City Attorney
Signature Page for Termination Agreement 2 of 2
Round Rock/AGAPE