HomeMy WebLinkAboutC2022-062 - 4/8/2022 - NA 3
FIRST AMENDMENT OF DEFERMENT AGREEMENT
AND ASSIGNMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This is an amendment to the Deferment Agreement, Document Number 20210175196,
("Deferment Agreement") between the City of Corpus Christi, a Texas home-rule
municipality ("City"), and Mario A Martinez Holdings, LLC-Casa BriaMar ("Developer") for
Padres Island-Corpus Christi Section E Block 2-Lot 19R ("Plat") and an assignment to
BriaMar Plaza, LLC ("Assignee").
Whereas, Mario A Martinez Holdings, LLC-Casa BriaMar, requests to extend the time for
installation of the required improvements; and
Whereas, Mario A Martinez Holdings, LLC-Casa BriaMar requests to assign the Deferment
Agreement to BriaMar Plaza, LLC.
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 to modify completion date in paragraph 8 to provide
for a new completion date of April 09, 2023.
2. The city will continue to hold Financial Security of $16,834.73 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 Apri!
09, 2023.
4. Time is of the essence in the performance of this Agreement. Therefore, failure to
complete Deferred Improvements in accordance with City's engineering standards
and construction drawings approved by the City departments by April 09, 2023, is a
default.
5. Upon default, the City will retain any form of financial security.
All other terms and conditions of the original agreement not in conflict with this amendment
remain effective and in full force.
1
SCANNED
Assignment
Mario A Martinez Holdings, LLC-Casa BriaMar (Assignor) assigns to the BriaMar Plaza,
LLC (Assignee) and the Assignee's heirs, assigns, executors, and administrators all right,
title, and interest in and to the Deferment Agreement, as amended. The Assignee accepts
the assignment and agrees to fulfill all the terms and conditions required by the Deferment
Agreement. The City consents to the Assignment of the Deferment Agreement from Mario
A Martinez Holdings, LLC-Casa Briamar to BriaMar Plaza, LLC.
EXECUTED IN ONE ORIGINAL thisir\ day of Na L , 2022.
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3240 Office
(361) 8 w 8 Fax
17
A . -rt y and III (date)
Directpr De elopment Services
THE STATE OF TEXAS §
n §
COUNTY OF '} I U,e,(3 §
This instrument was acknowledged before me on r� l D 2022, by Albert
J. Raymond III, Director of Development Services
"""'' JOANN SALINAS *A_Ad--S�StYPU6 \ � � 1 ,_ : �:Notary Public,State of Texas <L ��' �;� + Comm.Expires 03-02-2026r.°F�, c's Signature
°/;,,,,,��� Notary ID 133621810 Notary 9
APPROVED AS FORM:
i -r/111 14/W
Buck Brice (date)
Assistant City Attorney
2
r
DEVELOPER:
Mario A Martinez Holdings, LLC-Casa Briamar
3829 Saratoga Blvd.
Corpus Christi, Texas 78415
(361) 906-2121 Office
yiik:i) a-x.4
ario A Martinez; M -ger
J
THE STATE OF TEXAS §
§
COUNTY OF r ja.CJ 3 - §
This instrument was acknowledged before me ony\ Le , 2022, by Mario
A. Martinez, Manager of Mario A Martinez Holdings, LLC-Casa Briamar.
--c.,,.,
ice .�
Not.01113 ic's Signature
ASSIGNEE
BriaMar Plaza, LLC
3829 Saratoga Blvd ``o.iYoL,o(i TAMMY M. CANTU
Corpus Christi, TX 7841-5814 USA _2; ._Notary Public, State of Texas
9- +� Comm. Expires 07-20-2024
--21Aau-die 0 1 71(i, °'n°;, `�� Notary ID 129060521
Mario A Martinez; Man er
THE STATE OF TEXAS §
§
COUNTY OF\--V LQ.. .Q S §
This instrument was acknowledged before me on N \ Li , 2022, by Mario
A. Martinez, Manager of BriaMar Plaza, LLC.
TAMMY M. CANTU C
` ---
„,,,V4', „` G
_ar �=Notary Public,State of Texas No ary P blies Signature
-��- .4” Comm.Expires 07-20-2024
�'.'EoF``.` Notary ID 129060521
3
Nueces County
Kara Sands
Nueces County Clerk
*VG-50-2022-2022017251*
Instrument Number: 2022017251
Official Public Records
AGREEMENT
Recorded On: April 08, 2022 11:42 AM Number of Pages: 4
" Examined and Charged as Follows: "
Total Recording: $29.00
STATE OF TEXAS
Gp�NTY t oU�i11 Nueces County
4, *t I hereby certify that this Instrument was filed in the File Number sequence on the date/time
��� i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas
'S 4tri
• �;OpNUE�` `s Kara Sands
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: 2022017251 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20220408000088 2406 LEOPARD STREET
Recorded Date/Time: April 08, 2022 11:42 AM
User: Regina C CORPUS CHRISTI TX 78408
Station: CLERK01