HomeMy WebLinkAboutC2007-008 - 1/16/2007 - ApprovedDEFERMENT AGREEMENT
STATE OF TEXAS §
§
COUMTY Of NUECES §
Th~s Agreement is entered into between the City of Corpus Christi, Texas, a Texas
home rule municipality, (hereinafter "City") and City of Corpus Christi, Texas, a Texas
home rule municipality, (hereinafter "Developer"), and pertains to deferral of the
required completion of certain improvements required prior to filing the final plat of Rodd
~ield Viilage (the "plaY'), which was approved by the Planning Commission on January
10 2007 A copy of the plat is attached and incorporated as Exhibit 1.
WHEFtfAS, the Developer is obligated under Section III, Paragraph H, Subparagraph
5, ~f th~ Platting Ordinance to construct seventy-five percent (75%) of the required
improvements, before the final plat is endorsed by the City's Assistant Director of
Development Services/Special Services Engineer Detail construction drawings must
~e provided by the Devefoper and approved by the City's Departments of Development
Serv~ces and Engineering prior tc~ the start of construction;
WHER~AS, the Developer is seeking to defer. for a period up to two years, the
<~onstruction of the water. wastewater paving, and drainage improvements (hereinafter
?he "de#erred improvements°1 as shown in Exhibit 2, as required by the City's Platting
6~rdinance
WHEFtEAS, the Developer is seeking to have the plat filed immediately with the County
~lerk o# Nueces County, Texas, before completion of seventy-five percent (75%) of the
required ~mprovements as required by Section III, Paragraph H, Subparagraph 5, of the
P-atting Ordinance:
WHEREAS, the creation c~f the public improvement district to provide funding for the
required improvements is sufficient security for completion of the required
improvements;
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
WHERLAS, the Developer has satisfied all other subdivision requirements, park
dedica~ons< park dedication deferment agreements, and maintenance agreements and
all special covenants have been campleted;
WHER~AS, the Developer is entering into this Deferment Agreement as required by
Section V Paragraph A, Subparagraph 3.b) of the Platting Ordinance;
NOW, THERfFORE, for the cons~deration set forth hereinafter, the City and Developer
agree as follows
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The City shall waive the requirement that construction of the deferred
improvements be completed before the final plat is endorsed by the City's
Director of Engineering Services and filed for record with the County Clerk of
Nueces County and further agrees to allow the Developer to defer construction of
the de#erred improvements as shown in Exhibit 2, for up to two (2) years from
the d~te of this Deferment Agreement.
~. The Developer shall construct the deferred improvements, in accordance with the
City's engineering standards in effect at the time of construction.
3 Upon completion c~f the deferred improvements within two (2) years from the date
of this Agreement. or fater time as may be mutually agreed upon, in writing, by
both parties. and upon acceptance of the deferred improvements by the City
Engineer and upon compliance by the Developer with the remaining terms of the
Deferment Agreement, the City Engineer shall:
Immediately release Developer from the obligations to construct the deferred
improvements by mailing a Release Letter to:
City of Corpus Christi
Assistant Director of Development Services/Special Services
P. O. Box 9277
CorpUS Christi, TX 78469
4. The City reserves the right not to issue Certificates of Occupancy for this
development until the deferred improvements are installed and accepted by the
Director of Engineering Services Department.
~ The Developer covenants to construct the deferred improvements, and that this
cavenant shall be a covenant running with the land.
~ This Agreement shall be executed in triplicate, all original copies of which shall
be considered one instrument. When all original copies have been executed by
the City, and at least two original copies have been executed by the Developer,
this Agreement shall become effective and binding upon and shall inure to the
benefits of the parties and their respective heirs, successors and assigns.
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EXECUTED in tripiicate this _~__,__ day o ,(,(~,~'~ _, 2007.
City of Co us Christi, Texas
~ 1201 Leopard Street
Corpus Christi, TX 78401
By
Ge rg K. Noe, City Manage~
ATTEST
r~`
Armando Chapa, Cit ecretary
THE STATE OF TEXAS §
§
CQUNT~ ~JF NUECES §
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Th~s ~nstrument was acknowledged before me on',_. ~~~'~ ~~ f , 2007, by
George K. Noe, City Manager of the City of Corpus risti, Tex s
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Notary Public, State of Texas
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~-1 1LFG-DfRlgaryws~garywslDevelopment Services'~Deferment Agreement120061121Rodd Field Village Deferment Agreement.doc
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTE3T:,.
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By:
Armando Chapa orge K. Noe
~ity Secretary ity Manager
APPRf;~VED AS TO FORM: This ~±!~ _ day of ..s~an~,~cry 2007.
,
~it~
G . Smith, Assistant City Attorney
~or the City Attorney
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
~ ~
This instrument was acknowledged before me on thej ~ day o~- ~~~r~ 007
by George K. Noe, City~ anager, for the City Of Corpus Christi, a xas muni i al
yorpoq~tion, on b~halfloi the c~orn~ratinn .
Notary Public, State Of Texas
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EXHIBIT "B"
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H;LEv-DIRlgarywslgaryws~Developmeot Services C)eferment Agreement120061121Rodd Field Village Deferment Agreement.doc