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HomeMy WebLinkAboutC2007-031 - 1/31/2007 - NAFIRST AMENDMENT TO DEFERMENT AGREEMENT ~1'his First Amendment to l)eferment Agruement (this "First AmendmenP') is entered into effective as of January~ ?y, 2007 (the "Effective Date"), by and between ValPlace Corpus Christi Texas (,P ("Developer"1 and the City~ ~~f C'orpus Christi, Texas ("City"). W~ I 1~ N f~: '> S t•: T H: ~. City and ~~`alue Placc Brownsville LLC ("Prior Developer") entered into that certain Deferment Agrcement dated as of February 8, 2006 (as modified by the Assigntuent defined below, the "De~i'ermettt Agreement"), pertainin~ to the defermcnt of the construction of certain improvements by Prior [)eveloper. 1~. (;ity. Devcloper ancl Prior Devcl~~per entered into that certain Assignment and FZatification of I)eferment Agreement d~ted as ot' lune L5, 2006 (thc "Assignment"), whereby Prior Developer assigneci all its right, title and lnterest in the Ueferment Agreement to Developer, Developer assumed all the c~bligations c~f Priur Ueveloper imder the Deferment Agreement, Developer was substit«ted as the "1)cvelopcr" under rhe D~terment Agreement, and the City consented to all such action. (',tv anii I)evel~~per <ic~sirc to amenci t~~e Deferment Agreement as hereinafter set forth. i i_ ('t~pitalizeci terms uscd }icrcin and n~~t otherwise defined shall have the meaning given ihose tcrms in the Deferment~ Agreemcnt. ~10W, "['HE~;KEFOKE, in con4ider~tion of the mutual covenants and agreements contained herein, ~eller ~~ncl Buycr hereby agrce as foliuws 1 Ucierment E'eriod. f~~>r all purposes ander the Deferment Agreement, including without limit~t~~m Paragraphs l, 5 and E thcreof, (~"ity agrces to allow Developer to defer construction of the water, wastewater. paving and drainage piiblic impr~vements for up to thirteen (13) months from the effcctive ~.late of the I)eferrnent Agreeinent ? Notices to 1)evelooer. All notices required or permitted to be given to Developer under the Defennent Agreement w~ill be addressed r~~ Developer as follows: 5~00 Uallas Parkway Frisco, Texas 75034 3 Continued Effect (?xcept as amended by this First Amendment, the Deferment Agreemcnt shall remain in tiill force and effect in accardance with its original terms. 4 Counterparts. This f~ irst ~~~mendment may be executed in any number of counterparts which, when taken tagether, shall constitute one and the same agreement. Any counterpart may be exec~ted ~ind delivered by facsimite tr~nsmission. [Signature Pa~e Follows/ ?007-031 01/31 /07 ValPlace (~orpus Christi Texas EN W]"1'NE~.SS WHF?REOF, ihES First Amendrnent has been executed as ofthe Effective Date. APPROVFD: _'' ` day of ~ ~~ ~ ~~t,~:_,~. _'.f)07 f3y _ -~1t1{~~~ C; ~ 'Smith Assistant C~tv Attorney For the City ;~ttorn~~y i'irst Amendment to Defermenr A~reemen[ DE~'ELOPER: VAI,PLACE CORPUS CHRISTI TEXAS LP, a "I'cKas limited partnership ~y. CITY: VALPLACE "1'F,XAS LLC, a `I'exas limited liability company, its Gene By: City of Corpus Christi, Texas, a Texas home rule municipality ~y Name: • -~~(C ' ~- I'itle , ~ ~?-~ , ~ ~ ~-'*~r~~.. A'-rrx~ _ ___.,_.._b........ .,..r.r~r~~ . . N, . ~ _ ,~~nH~f~ , . __„ ~ , . F i '=~ ` ~ ~' . .:+:f ~