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HomeMy WebLinkAbout18075 ORD - 02/08/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ORDINANCE NO. 14747 WITH PADRE ISLAND INVESTMENT CORPORATION PERTAINING TO THE DEVELOPMENT OF APPROXIMATELY 3,800 ACRES OF PADRE ISLAND LANDS PROVIDING FOR THE DELAYING COMPLETION OF CONSTRUCTION DATES OF SECTION E, COQUINA BAY, PORTIONS OF ISLAND FAIRWAY ESTATES, CAPE SUMMER UNITS 1 AND 2, AND COMMODORES COVE UNIT 2, AND FURTHER AMENDING THE ANNUAL ESCROW PAYMENT SCHEDULE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute an amendment to Ordinance No. 14747, dated January 31, 1979, with Padre Island Investment Corporation pertaining to the development of approximately 3,800 acres of Padre Island lands, which amendment provides for the delaying completion of construction dates of Section E, Coquina Bay, portions of Island Fairway Estates, Cape Summer Units 1 and 2, and Commodores Cove Unit 2, and further amending the annual escrow payment schedule, all as more fully set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A". MICROFILMED up -SEP 281.984 18075 AMENDMENT AGREEMENT OF CONSOLIDATION WHEREAS, Padre Island Investment Corporation, a Texas Corporation hereinafter called "Padre", has entered into an Agreement with the City of Corpus Christi, Texas, hereinafter called "City", authorized by Ordinance 14747 dated January 31, 1979; and WHEREAS, "Padre" has requested an amendment of the terms of said Agreement; NOW, THEREFORE, "Padre" and "City" agree as follows: I. Section I, page 3 of the Agreement of Consolidation is hereby amended to include: Section D, Barataria Bay Units 1-5, Sea Pines Unit 1 and Point Tesoro Units 1-5. -II. Section IV; item C, page -4 of the ,Agreement of Consolidation is- - 'hereby amended to read: In like manner, and subject to the other terms and provisions of this paragraph -IV, during the suceeding years Padre shall deposit into such Escrow Account the following sums. • Calendar Year 1983 1984 1985 1988 1989 1990 Amount of Escrow Cumulative Total of Escrow Payment Required Payments & Approved Construction $ 1,250,000 $ 18,050,000 1,500,000 19;550,000 4,000,000 23,550,000 4,500,000 28,050,000 6,500,000 • 34,550,000 5,500,000 40,050,000 5,500,000 45,550,000 5,500,000 51,050,000 III. Item 3 of the Exhibit "A" of the above mentioned Agreement of Consolidation is hereby amended as follows: "3. The City agrees that Padre may delay the completion of construction of such subdivision improvements with respect to each such unit in accordance with the schedule set forth below: Unit Designation a. Section E b. Coquina Bay c. Island Fairway Estates, Block 30 Projected Date of Final Completion December 31, 1984 December 31, 1984 December 31, 1984 d. Cape Summer Unit 2 - All Lots, Blocks 29-32, 39-40, 55-57, December 31, 1985 58-61, 64-66, 79, 82-87, 80 Lots 1-12, 31-43, Block 63 Lots 8-20, Block 27 Lots 1-9, 10, 16, Block 81 Lots 47-72, Block 28 e. Cape Summer Unit 1 All Lots, Blocks 11-16, 18-26 Lots 1-33, Block 17 Lots 1-7, Block 27 Lots 1-46, Block 28 December 31, 1986 f. Cape Summer Unit 2 All Lots, Blocks 33-38 December 31, 1986 g. Cape Summer Unit 1 All Lots, Blocks 1-10 December 31, 1987 Lots 34-54, Block 17 h. Cape Summer Unit 2 A11 Lots, Blocks 62, 67-78 December 31, 1987 Lots 13-30, Block 63 i. Commodores Case Unit 2 All Lots _.- - . December 31, 1989 Island Fairway Estates Blocks 22, 26, 32-40, 43, 44 December 31, 1990 If such improvements are not installed and constructed within any such designated unit on or before the projected date of final completion with respect to such unit, as specified above, the City shall have the right to cancel the approval of such -final plans with respect to such unit and the approval of the plans and - specifications for the subdivision improvements to be constructed on such unit, by filing with the County Clerk of Nueces County, Texas, an affidavit of non - completion of such improvements on or subsequent to the projected date of final completion -with respect to such -unit." - IV. This Agreement shall be binding upon the parties hereto, their successors and assigns, and may be specifically enforced by either party, its successors and assigns. DATED: , 1984 CITY OF CORPUS CHRISTI, TEXAS PADRE ISLAND INVESTMENT CORPORATION By By Edward A. Martin, City Manager David R. Coggins, President ATTEST: ATTEST: City Secretary APPROVED AS LEGAL FORM THIS 4 DAY OF %Lit/ZG , 1984 js r J. BRUCE AYC CITY ATTORNEY Charles Daley, Director of Finance James K. Lontos Assistant City Manager That the foregoing ordinance Ty read for th second reading on this the q%L& day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero first time and a sed to its , 1, by the Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance � s read for third reading on this the day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero �7 second time and paeid to its , 19 1y, by the Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the fore g ordinan s read for the t rd time and passed finally on this the .day of 41,41, 19 ? , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the a day of ATTEST: J City ecretary AP VED: �r DAY OF t�,�/, 19 b� J. BRUCE AYCOCK, CITY ATTORNEY , 19 it . CHRISTI, ISTI, TEXAS 18015 THE CI OF CORPUS