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Home My WebLink About020439 RES - 08/30/1988A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR RECONSTRUCTION AND IMPROVEMENTS TO WHITECAP BOULEVARD, EAST OF PARK ROAD 22. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute Amendment No. 1 to the Agreement for Reconstruction and Improvements to Whitecap Boulevard, East of Park Road 22, 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. ATTEST: MAY APPROVED: 02.5/ DAY OF /1746/. , 19 ?'f' HAL GEORGE, CITY ATTORNEY �J By Assistant City Att ney 206RP175.res THE CITY OF CORPUS CHRISTI, TEXAS 20439 MICROFILAU AMENDMENT NO. 1 TO THE AGREEMENT FOR RECONSTRUCTION AND IMPROVEMENTS TO WHITECAP BOULEVARD, EAST OF PARK ROAD 22 THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, Texas, hereinafter called "City", and Lake Padre, Ltd., hereinafter called "Lake Padre", agree to the following amendment to the cooperative agreement for the reconstruction and improvements to Whitecap Boulevard, east of Park Road 22, in conjunction with the proposed development of 99.4 acres to be known as Lake Padre South, as authorized by Motion No. M87-0214, passed June 2, 1987. WHEREAS, the parties have determined it not to be in their best interest to initiate obtaining the necessary permits for tying in Whitecap Boulevard to Nueces County Park Road No. 4 as required by the terms of paragraph 2 of the Agreement; and WHEREAS, the parties to this Agreement desire to provide for the installation and maintenance of landscaping and overlook/rest shelters along Whitecap Boulevard and Windward Drive within the Lake Padre Development; NOW, THEREFORE, the City and Lake Padre hereby agree to the following modifications: 1. Paragraph 2 of the Agreement is hereby deleted in its entirety. 2. Lake Padre, at its cost, will construct a turn -around at the southern end of Windward Drive in accordance with the plans and specifications prepared by Shiner, Moseley and Associates, and as approved by the City Manager and subject to granting of a variance in accordance with the procedures in the Platting Ordinance. Because of the hardship conditions, the City Staff is directed to use best efforts in presenting the case for the variance to the Planning Commission. 3. Paragraph 14 of the Agreement is amended in accordance with the requirements of paragraphs 11 and 18 to read in its entirety as follows: "The City shall pay the full amount of the 'Additional Cost' (Exhibit "B") for the bus turn -around area with parking spaces proposed at the end of Whitecap adjacent to the beach and consistent with the plans prepared by Shiner, Moseley and Associates for Lake Padre and also pay for the relocation of the water, wastewater, and gas systems from the existing Whitecap alignment to the proposed alignment. The bus turn -around and the relocation of the water and wastewater systems shall be included in the plans as separate bid items." "Lake Padre will install and maintain walkways and overlook/rest shelters, and install, maintain, and replace landscaping along Windward Drive from its intersection with Leeward Drive to the turn -around to be constructed by Lake Padre at the southern end of Windward Drive and along Whitecap Boulevard east of Park Road 22 from Tortugas to the beach turn -around. Said landscaping shall consist of the installation of Whitecap Amendment No. 1 Lake Padre, Ltd. Page 1 of 3 street lighting and street markers as required by the Platting Ordinance, and the installation and maintenance of plant materials and irrigation systems. Lake Padre shall submit plans and specifications for the landscaping to the City Manager for approval. The estimated cost of the improvements is $566,000. The City shall reimburse Lake Padre $20,000 for its share of the landscaping cost." "Lake Padre and its successors shall maintain in good condition and pay all expenses for maintenance of the landscaping project. Lake Padre and its successors shall promptly replace any dead or dying plant materials at the beginning of the next growing season. Lake Padre and its successors shall promptly replace or repair any damaged or defective component of the irrigation system. In return, subject to annual appropriation, the City shall provide, at no cost to Lake Padre or its successor, up to 8,550,000 gallons of water per year (calculated on the City of Corpus Christi's July 31 fiscal year), which the parties agree is the estimated amount of water needed for normal maintenance. An additional 2,000,000 gallons shall also be provided by the City, at no cost, during the first year, commencing August 1, 1988, to establish the landscaping. Lake Padre, and its successors, shall pay for additional water exceeding the annual allotment at the commercial rates as established by ordinance. Billing and payment procedures shall be as approved by the City Manager. The City shall also provide to Lake Padre, and its successors, at no cost, the electricity to operate the lights in the overlook/rest shelters and to operate the sprinkler controllers. If the City should fail to appropriate funds in any annual budget for these purposes, then neither Lake Padre nor its successors shall be required to continue the maintenance obligation under this agreement. If Lake Padre or its successors fails to maintain the landscaped areas in reasonably good condition, then the City shall have the right to terminate free water service." 4. In connection with the Lake Padre Development, Lake Padre will organize a Lake Padre Master Association (hereinafter referred to as the "Association"), which shall serve as the property owners' association for the entire Lake Padre development. Lake Padre hereby undertakes to cause the Association to assume and be obligated to perform the duties agreed to above by Lake Padre with respect to the continued maintenance and replacement of the landscaping and maintenance of the irrigation system and overlook/rest shelters. Lake Padre shall include on its final plat to be recorded, a ten foot (10') pedestrian and utility easement out of the twenty foot (20') yard requirement which easement shR11 be a portion of the landscaped area to be maintained in accordance with the terms of this Agreement. The Association shall be considered as a successor to Lake Padre and shall have the same rights and obligations as Lake Padre, under this Agreement. 5. The obligation of Lake Padre and its successors to maintain the landscaping and irrigation system and that of the City to provide water and electricity are not conditions to be performed within the two year period required by paragraph 17 of the Agreement. 6. Should either party or their successors desire to change or modify the terms and conditions of this Agreement, the other party shall be provided 90 days notice of the desired changes. Both parties shall then enter into good faith negotiations to effect said changes. Whitecap Amendment No. 1 Lake Padre, Ltd. 7. All other terms and conditions to the Agreement, approved on June 2, 1987, between the City and Lake Padre, not specifically addressed herein, shall remain in full force and effect. EXECUTED IN DUPLICATE, this day of , 1988, each of which shall be considered an original. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager APPROVED: LAKE PADRE, LTD., a Texas Limited Partnership day of , 1988 By: By: Assistant City Attorney Ralph Durden, President • Whitecap Amendment No. 1 Lake Padre, Ltd. Page 3 of 3 Corpus Christi, Texas &U-1 day of_aurijjt The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 2043 , 198 g