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HomeMy WebLinkAboutC2022-001 - 1/5/2022 - NA onrodi 01 -) SECOND AMENDMENT OF DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This is an amendment to the Deferment Agreement, originally dated March 4,2020 between the City of Corpus Christi, a Texas home-rule municipality ("City"), and 2413 Memorial Parkway, LLC ("Developer") for South Texas Bone and Joint Medical Park, Block 1, Lots 1-3 ("Plat") ending on January 12, 2022, which is attached hereto as exhibit A, Whereas,.2413 Memorial Parkway, LLC requests to extend the time for installation of the required improvements. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Deferment Agreement as follows: 1. Developer and the City agree modify the termination date, to extend the Deferment Agreement for an additional 12 months, ending on January 12, 2023. 2. Developer agrees to extend the letter of credit No. 28453-SA for successive one- year periods until the Deferred Improvements are completed. 3. The time to complete Deferred Improvements in accordance with City's engineering standards and the construction drawings approved by the City departments is extended to November 12, 2022. 4. Time is of the essence in the performance of this Agreement. Failure to complete Deferred Improvements in accordance with City's engineering standards and construction drawings approved by the City departments by November 12, 2022, is a default. 5. Upon default, the City may draw upon the Irrevocable Letter of Credit No. 28453- SA. All other terms and conditions of the original agreement not in conflict with this amendment remain effective and in full force. Attached and incorporated by reference into this Agreement: Exhibit A— Original Deferment Agreement (22 pages) Exhibit B - Letter of Credit No. 28453-SA SCANNED 2022 EXECUTED IN ONE ORIGINAL this 5 day of34113411-1 , 2021. CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361k '428 Fax 41 , Al R ym•nd Ill Director Ievelopment Services Department APPROVED AS FORM: 2k(-A 6-(46; (Z°"Z-fr21 Buck Brice (date) Assistant City Attorney DEVELOPER: 2413 Memorial Parkway, LLC 601 Texas Trail, Suite 300 Corpus Christi, Texas 78411 (361) 561-0801 Offi - /A111111, 1 2A n -102.--1 Ryan B T •mas, M.D. Date THE STATE OF TEXAS § * � § COUNTY OF tV t�t�.6-e5 § This instrument was acknowledged before me on DQ Qy o -r 11 , 2021, by Ryan B Thomas, M.D., 2413 Memorial Parkway, LLC a Texas Limited Liability Company, on behalf of said entity. a 1i ZAtthi.0 j "S" KATHRYNE D FLORES N tary Public's Signature ": "= MyNotary'ID#131670672 ''' +' Expires �,;�o..��� August 6,2022 2 Nueces County Kara Sands Nueces County Clerk *VG-50-2022-2022002528" Instrument Number: 2022002528 Official Public Records AGREEMENT Recorded On: January 18, 2022 12:11 PM Number of Pages: 3 " Examined and Charged as Follows: " Total Recording: $25.00 ........� STATE OF TEXAS �p�NTY CO(4II Nueces County * **4 I hereby certify that this Instrument was filed in the File Number sequence on the date/time •� y printed hereon, and was duly recorded in the Official Records of Nueces County, Texas I,iit h°F NUECkeV Nueces County Clerk Nueces County, TX *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2022002528 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20220118000153 2406 LEOPARD STREET Recorded Date/Time: January 18, 2022 12:11 PM User: Catherine R CORPUS CHRISTI TX 78408 Station: CLERK02 Nueces County Kara Sands Nueces County Clerk *VG-64-2022-2022003374* Instrument Number: 2022003374 Official Public Records CORRECTION Recorded On: January 21. 2022 02:38 PM Number of Pages: 4 0 " Examined and Charged as Follows: " Total Recording: $29.00 0 0 _%%%%%%%%% STATE OF TEXAS tVVY Coto i, Nueces County * .kii I hereby certify that this Instrument was filed in the File Number sequence on the date/time , J.— c i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas /II 11i o%f NUE�``f* Nueces County Clerk *filly)._ (: _61.,..,.,ja..,.) Nueces County, TX ***********THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2022003374 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20220121000143 2406 LEOPARD STREET Recorded Date/Time: January 21, 2022 02:38 PM User: Regina C CORPUS CHRISTI TX 78408 Station: CLERK04.nuecescc.local