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Home My WebLink About16914 ORD - 03/03/1982sp;11/25/811st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEDI- • CATION AGREEMENT WITH SAA -810 JOINT VENTURE, AND THE 100 SOUTH PADRE PROPERTY OWNERSASSOCIATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a park dedication agreement with SAA -81, Joint Venture and the 100 South Padre Property Owners' Association, a substantial copy of which agreement is attached hereto and made a part hereof, iiiarked Exhibit A. _16914—, _ VD 9 rn 04 SEP Z8 1994 44414111E0 THE STATE OF TEXAS 1 COUNTY OF NUECES ( PARK DEDICATION AGREEMENT KNOW ALL BY THESE PRESENTS: • For the purposes of compliance with the provisions of the Platting Ordinance of the City of Corpus Christi, SAA -81 Joint Venture, ("Developer"), developer of a 113.5 acre, more or less, subdivision within the jurisdiction of the City of Corpus Christi known as 100 South Padre; the 100 South Padre Property OwnersAssociation, ("Contractor"), a non-profit corporation; and the City of Corpus Christi, ("City"), acting by and through the authority of the City Council, and in consideration of the following mutual promises, agree and covenant as follows: 1. The City shall, upon the Developer's compliance with all relevant ordinance requirements not herein specifically excluded or waived, approve the maps or plats of the unit or units which make up said Developer's subdivision based upon the dedication for park purposes the four areas indicated on the preliminary Plat attached as "Exhibit A. Said areas compose five percent (5%) of the entire acreage of said subdivision, allowing the intervening street with- in each area to be counted as park acreage. 2. The City shall participate in street, curb and gutter expenses in an amount equal to one-half the cost of expenses for such improvements abutting each park area; provided that, in no event shall said amount exceed SIXTY-FIVE THOUSAND DOLLARS ($65,000.00). 3. For the life of this agreement, the Contractor agrees to maintain in a reasonable manner,- the four (4) dedicated park areas for the benefit of the City. In the event the Contractor fails to so maintain the park areas in a reasonable manner, the City shall notify the Contractor in writing of such fail- ure; and upon the failure of the Contractor to remedy such maintenance problems ,... within ninety (90) days, the City may at its sole option terminate this Agreement, at which time the Contractor shall be obligated to: A. Reimburse the City the amount paid pursuant to Section 2 above; adjusted for straight-line depreciation for a period of ten (10) years, calculated from the date of this Agreement. B. Pay to the City for all land dedicated, pursuant to Section 1 above, exclusively for park purposes the per acre sum of TEN --- THOUSAND TWO HUNDRED THIRTY NINE DOLLARS ($10,239.00), plus 't six percent (6%) annual interest on said per acre sum calculated from the date of this Agreement. Payments made by the Contractor, pursuant to Section 3(B) above, shall be paid to the Park Development Fund of the City designated for development of the nearest City park to the subdivision. The City agrees that in the event such payments are made, City will convey and assign right, title and interest in said park areas to the Contractor, with the exception of those areas reserved for street right of way. 4. The Contractor agrees to equip the four park areas with landscaping, plantings and improvements thereon in a reasonable manner. The City agrees to provide the Contractor, subject to availability and at City's cost, materials for developing the four park areas such as dirt, fertilizer, shrubs, trees, grass, benches and other items reasonably placed in such parks. Prior to the construction of the park areas to the City's Director of Parks and Recreation for approval, which shall not be unreasonably withheld. 5. The Contractor agrees to construct a suitable permanent irrigation system for each of the four park areas. Water for irrigation shall be supplied by the City at not cost. In the event this Agreement is terminated pursuant to Section 3 of this Agreement and title to the park areas is transfered to the Contractor, the City's obligation to furnish water shall terminate, and water shall henceforth be supplied to Contractor pursuant to Chapter 55 of the Code of Ordinances of the City at the fees specified therein. 6. The Contractor agrees to maintain liability insurance protecting the public generally from premises defects and any negligence of Contractor in the proper maintenance of the four park areas. The City shall be named as an additional insured on such insurance policy, and the minimum amounts of coverage shall be $100,000 for bodily injury per person, $300,000 for bodily injury per occurrence and $50,000 for property damage. In the event this Agreement is term- inated pursuant to Section 3 of this Agreement and,title to the four park areas is transferred to the Contractor, this insurance requirement shall terminate. 7. The Developer agrees by covenant to require all persons purchasing real property in 100 South Padre to become members of 100 South Padre Property Owners Association and as such shall collectively assume the obligations of the Contractor, including this Agreement. Said Covenants.shall be made to run with the land and shall be included in any deed conveying any real property within — 100 South Padre. A.44eThe effective date hereof shall be ..7.30/ day of 1982. ATTEST: DEVELOPER: SAA -81, Joint Venture By ATTEST: CONTRACTOR: 100 SOUTH PADRE PROPERTY OWNERSASSOCIATION By Secretary President ATTEST: By City Secretary Edward A. Martin, City Manager APPROVED: Day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney That the foregoing ordinance was read for the first time and passed to its second reading on this the p(9,5„;414_day of (-7k)-7,4-,7,4.4,-19 rf( , by the following vote: ' Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That - That the foregoing ordinanoras read for he seco d time awl passed to its third reading on this the day o 19,4V/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the fore?,.o..1..p dinance w on this the day of - Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ,13,0! day of ATTEST: read fpr the thgrd time and passed finally by the following vote: APPROVED: AS1t- DAY OF AAPutimibt , 19g1 : J. BRUCE Y C CITY ATTORNEY By Ass ant City Attorney MAY 16 914 THE C Y OF CORPUS CHRISTI, TEXAS 1 MOTION moved and seconded the motion that the ordinanc authorizing execution of park d ication agreement with SAA -81, Joint Venture, and the 100 South Padre Property Owners' Association, read on the first two of three readings on November 25, 1981 and December 9, 1981, respectively, be amended prior to the third and final reading by making the following corrections, changes and deletions: 1. Add the following underlined words to the introductory paragraph: "developer of a 113.5 acre, more or less, subdivision within the jurisdiction. . .." 2. In paragraph 1, make the following indicated corrections, deletions and additions: "approve the maps or plats of the unit or units which make up said Developer's subdivision eut-ef-the-fefege4ng-deser4bed prepevty based upon the dedication for park purposes the four areas indicated on the prepesed preliminary Plat attached as "Exhibit A." 3. Add the words "For the life of this Agreement," as the introductory phrase of paragraph 3, and delete the words in perpetuity" from the first sentence of paragraph 3. _ Delete from the second sentence the following words this Agreement shall terminate . . . calculated from the date of this Agreement." Then, insert the following in its place: the City may at its sole option terminate this Agreement, at which time the Contractor shall be obligated to: A. Reimburse the City the amount paid pursuant to Section 2 above; adjusted for straight-line depreciation for a period of ten (10) years, calculated from the date of this Agreement. B. Pay to the City for all land dedicated, pursuant to Section 1 above, exclusively for park purposes the acre sum of TEN THOUSAND TWO HUNDRED THIRTY-NINE DOLLARS ($10,239.00), plus six percent (6%) annual increase of said acre "sum calculated from the date of this Agreement. 4. Add to paragraph 4, following the words "for approval," the words "which shall not be unreasonably withheld." 5. Delete from the third line of paragraph 5 the words "the deferred payment required by Section 3" and in lieu thereof add the following words, "this Agreement is terminated pursuant to Section 3." 6. Delete from the second sentence of paragraph 6 the words the deferred payment required by" and in lieu thereof add the words "this Agreement is terminated pursuant to." 7. Revise paragraph numbered 7 to hereafter read as follows: The Developer agrees by covenant to require all persons purchasing real property in 100 South Padre to become PASSED members of 100 South Padre Property Owners Association and as such shall collectively assume the obligations of the Contractor, including this Agreement. Said Covenants shall be made to run with the land and shall be included in any deed conveying any real property within 100 South Padre.