HomeMy WebLinkAboutC2007-404 - 12/18/2007 - Approved~~y~~,~P~IENT A~~EENIENT
STATE ~~ TExA
~UNT~ ~ NUEES
d entered into ~ and betv~een the City of
o anent A eerrient ~Areement} ~ rnade an ~
This bevel ~ • • Barnes ~. Lee ~I~eveloper}~
exas Ci a Texas home rule inusucipality, an ~~ ~~
Corpus Christi, T ~ ~~ the Parties ,
a 7841 S hereinaer collectively referred to as
~4 Lakeside, Corpus hxisti, Tex ~ 'this
es set out herein, and ~ effective a stated in
u on the premises and far the purpo
P
Agreeiuent.
~NT~~D~'~I~N
• vain interests in real property in Nueces County,
~e~e~o er ~~ the balder and developer of ce 4; ~~
~. P ~~ ~~ ~4 73 f Lat ~Z of flock k1 of FL~IJ~ ELUF~
xas v~hich real roperty Tracts B and o
Te ~ et of said Lot ~~ save and except the
bein the east ~ ~a feet of the west ~ ~ fe
ESTATES, r street ores, and the east
hereof which has been heretofore reserved fo pip
north ~~. feet t lock `~~~~ ofFL~U~ ~LUF~
1 0 feet of the earth one-half of Lot ~ 1 of ~
1 ~~ feet of the west been heretafare reserved
exce t the south 1 ~.~ feet thereof which has
ESTATES, save and p dm to the ma ar
~~ subd1~151an In COxpus Christi, TeXa~s, actor • ~
for street purposes, a record Texas is
• pia records ofNueces County, ~
lot thereof recorded ~n dol. S, pages ~ and p
~ ' ' attached hereto and made a part hereof. The
further described and depicted on Exhibit A
ut a forrrial re lotting and is served by all city
sub`ect ra erty has been conveyed ~~tho p
~ p p
services.
. e b the construction of a single family
~, The Develo er intends to de~relop the real prop Y
p
residence ~Pro~ect}.
• la inent ofthe real property contributes to the econan~~c
C, The City believes that deve p
development of the City.
• rovide for the concurrent construction of
Parties desire to ~rark tagethex in goad faith to p
~. The • real ro ert •
ential ilri rovcment and the replatt~ng of the p p y
the resid p
ces set forth herein aril good and valuable
~~ '~I~EF~RE, far the mutual asuran •
• hich are hereb mutually acknowledged, the
consideration, the receipt and sufficiency of ~ y
Parties agree as fallav~s:
ART~L~ I
C~Ty~S R~Sp~NSI~~LITIE
of a coin fete a plication for the required
1,1. Permit issuance. Upon the subm~ssian p p
~ect~on
• residential im ravement and payment of
errnit5 for the construction of the p
p e the necess errnits for the constr~ictian•
a ropriate fees, the City mill Hsu ~`y p
pP
2~~7'4U~4
1~~181~7 P e 1 ofd
1VI~047-3~5
James E. Lee
• '11 issue a certificate of occupancy for the
'an,1,Z. ert~ficate of ccu anc .The Cif wi ~ cc
ect~ oin letion of the irnpravements m a~cardaia
residential improvements upon the ~ P .
' u on the recardat~an of the final plat of
with the technical codes of the City and p .
re fat of the real praperty contemplated herein.
the P
ART~~~ II
y'E~,~P~1~' E~~~IBILITIE
• s at the Devela Br's expense, submit all
' n 2.1, Re lattin .The Developer agree , P .
ectia ~ ~ rrnatian re aired far the replatt1ng of the
necess a erwork, appl~catlonss info ~ ,
p p ~ ~ ordinance and atherwise comply
ro ert in accordance with the pity s Platting •
P • p ~ ~ ~ current with the appiicat~on far the
with the pity Platting ordinance, con for
' canstruction, pity agrees to wave the fees
re uisite peri#s for the residential ,
~ an fees if a livable, should the ~~ s
re fatting the property, a well as y ~ pp t
~ 'cable to the fats of this case. The develapn~en
ordinance on pprtlanallty ~~ ~~~~~ .
' am three fats to ane lot of a~ppro~mately
contem fated is changing a lot sire fr
P
10a feet by 15a feet.
isions in the ~i 's ordinances, rates and
• ce. l~otwithstanding any prov
ectian Z.2 tom lean 1 with all a livable
' the contr , the Develapcr agrees to comp y pp
regulat~ans to "Y ~ t of the date of this
' ces rules and regulations that are in effec
codes, ord~nan 's A ee~nent.
amended or su plen~ented a result afthi gr
Agreement, or as P
A1~TIL~ III
A~IV~~T ~ ~NDIVI~NT
T~I~,
' nt will commence on the Effective Date has
section 3,1. Terra. The term of thrs Agreeme Bement
' tit cam letion of the ah j eetives of this Agr ,
defined belay} anal continue un p .. n~ent or
' earlier date under other provrsiQns of this Agree
unless terminated on an Date of this
t of the i and the Develapcr. The Effective
by wntten agreenaen tY nt mill
' ate of full execution by the Parties, This Agre~n~e
Agreerrtent will be the d •
' inure to the benefit of the Parties and their respective
be binding upon and
successars and assigns.
' A een~ent ina be amended at any time by
n 3.2. Amendment b A cement. This Y ,
ectia evela er or its successars or perrn~tted
rrxutual written consent ofthe lty and D p
.
assigns.
• ~ rt is of the Developer inay b assigned
i ent. This A.green~ent and the gh
section .3. Ass b`ect to the rior written consent
subse uent owner of the real property, su ~ P ,
to any ~ asanabl withheld. Any assignment
of the i ,which orent will not be unre Y
Page 2 of 5
.. 11 set forth the assigned rights and abligatians
will be ~n writing, will spec~~ea ~
and will be executed by the proposed assignee.
• • tll coo crate with each other as reasonable and
Section .4• Coo eration. The Parties ~ ~ ' ed to
e intent of this A een~ent, including but not limit
necessary to cai~y out th
her documents as may be rea~anably rewired.
the execution of such fort
ARTYL I~
I~LLAN~~US PR~vII~N
' r this A een~ent must be in writing and may be
Section 4.1. Notes. Any notice given uncle gr
` ' ' it in the United States mail, certified, with return receipt
giveil• ~1~ by deposlt~ng ~(~` ll
~~•p~+ p p to be nati~ed and wig ~ charges prep , ~ }
requested, addressed to the ~~ ~ 4i
• • x Tess or another service guaranteeing next day
by depositing ~t with Federal ~ p ...
• ~~ to be notified and with all charges prepaid; ~~ii}
delivery , addressed to the party ,
• e or an agent of the party listed m this
by personally delivering ~t to party, Y
• ile with confirm copy sent by one of the other
Agreement, or Div} by facsim
set forth. Notice by United States marl will be
described methods of notice
• to of revel t or three ~~~ days after the date of
effective on the earlier of the da p
• • • er rr~anner will be effective only when received.
rna~ling. Notice given ~n any ath ,
s of the Parties will, until changed as provided
~`ar purposes of notice, the addresse
below, be as follows;
• City of Carpus Christi
City.
Attn: City Manager
12D~ Leopard Street
P Box 9277
Carpus Christi 749-9277
• d Co ta: City of Carpus Christi
with Require py ,
Attn: City Attorney
t 2~ 1 Leopard Street
P~ Box 927?
Carpus Christi 754~9~9277
l]~ve1o er; James ~. Lee
p elide
524 Lak
Carpus Christi, Texas 7418
• s ective addresses to any other address within the
The Parties nay change their re p ,
• ivy t least five ~5}days' written nonce to the
United States of America by .
er ma b iving at least five ~5~ days' written notice to
other party. The develop y} y g
• ' ianal artier to receive copies of natives under this
the City, designate add~t p
Agreement.
Page 3 of 5
• • • rovision of this Agreement is illegal, invalid, or
Section 4.~. everabili waiver. ~f any p .
future laws it is the intention of the Ponies that
unenforceable, under present or • .
• ent not be affected, and, ~n lieu of each illegat,
the rerrxainder of this Agreern meet
• ble rovision, that a provision be added to this Agree
invalid, or unenforcea p al
• ' enforceable and is as Sinli~ar in terir~s to the ~lleg ,
which ~s legal, valid, and 'ons
• 'ion as ~~ ossible. Each of the rights and obligati
invalid, or enforceable pravis p
' are se ante covenants. Any failure by a pony to insist upon
of the Parties hereto p .. t will not
' ce b the other any of any provision of this Agreeinen
strict prforman p • • d such
' f such rovision ar of any other provision, an ply
be deemed a waver o p d ail of the
' thereafter insist upon strict performance of any an
may at any time
provisions of this agreement.
i nue. The laws of the State of Texas govern the
Section 4.3. A l~cable Law anal ve .. • venue
• ormance enforcement and val~d~ty of this Agreement.
interpretation, perf ,
' of a ro riate 'urisdiction in Nueces bounty, Texas.
will be m a coon pp p ~
' nt contains the entire agxeement of the Parties
Section 4.4. Entire A cement. This Agreeine
or roi~ises oral or written between the Ponies
and there are no other agreements P ~ ed
• ~ eeirient. This Agreement can be amend
re arding the soh j ect matter of this gr .
~ the Parties. This Agreement supersedes all
and b written agreement signed by •
~ ~ ernin the sub ect natter hereof.
other a cements between the Parties cone g ~
' and ounce arts. All schedules and exhibits
Section 4.~. Exhibits ~cadin s onstruct~~n •
' this A eerrient are incorporated into and made a p
referred to m or attached to .
' Osc. The S~CtiUn headings CDntalned In this
of this Agreei~ei~t for all purp .
nvenier~ce onl and da not enlarge or l~m~t the scope or
Agreement are for co ~ ve been
• The Parties acknowledge that each of them ha
meaning of the sections. Accordin 1 ,
' all involved in the negotiation of this Agreement. g ~
actively and equ ~ ainst the draftin
coon that an ambiguities are to be resolved ag .. g
the rule of constru ~ xhibits hereto.
will not be em toyed in interpreting this Agreement or any e
pY p to arts each of which
' cement ma be executed in any number of coon rp ,
This Agr y her constitute the
' need to be an ari final, and all of which will toget
will be dee g
' his A cement will become effective only when one or rrxore
same instrument. T gr
aunte axis bear the signatures of alt the Parties.
c rp
• e ~i certifies, represents, and warrants that the
Section 4.~. Authors for Execution. Th .
' authorised and adopted in conformity with
execution of this Agxeen~ent is duly r
• reb certifies, re resents, and warrants that the
~i ordinances. The Developer he y p .
• d ado ted inconformity with
cation of this A een~ent is duly authorised an p
exe
' s of Inca oration and bylaws or parbriership agreement.
the article i`p
• erformin this Agreement, bath the pity and
Section 4.7. ~elat~onshi of Panics. In p g .
' `n an individual capacity, and not as agents, representatives,
Developer will act i other. The
ers artners, 'oint~venturers, or associates of one an
employees, ernplay , p J
Page 4 of ~
ma not be, nor ~e construed to be, the
ei~p~oyees or agents o~ either p y
ens la ees ar agents of the other party far any purpose.
pY
• v~arranties covenants and agreements of
ect~on 4 • S. urvi~a~ of terms. AfI representations, ~ ~ .. e
. ~lcile~its of tale Partl~s pertalning to th
the Parties, well as any rights and
• urv~ve the on ~nar execution date of this
transaction co~,tep~ated hereby, w~~l s g
agreement.
• the ublic ins ravements corite~np~ated to
Pra ortionala .Developer agrees that p ~
section 4.9. rare rou ropartional to the
at the ex ease of Develope gay ~
he made by or p ent bode.
nt under section ~ 1 ~.9a~~ Texas Loci overn
Developine
A~~'I~E V
E~BXT
eemei~t and made a part hereof far all purposes
foliain e~h~bits are attached to this Agx
The g
exhibit ~ Depiction of the real property.
• `s A eeinent on the dates indicated be~o~.
`The unders~ ed Parties have executed tht ~
fTY ~~` D~P~ ~IRfTI
a Texas mi~nicipa~ corporation
James E, ~,ee
~~~ lakeside
corpus Christi, Texas ? S4 ~ ~
~y,
i
Date:
t ~~
By. ~ ,~
Date: 3 ~
ICU ~ ~~~~~~
.~
~~ COI~~~~ I~ ..~.~„~~. ~.
~.
r4.+.~.1-M.....rw4rr..~.a.~.
Page S of ~
• Tact "B ~~ of Lot ~~ of ~lac~C "" of FL~R ~L~FF ET~TE, ~. suhdr~is~on of the
~°~ I . ~ b the ma or ~~t thereof, recorded
c~ of corpus ~hrist~, ~ueces Jaunty, Texas, as sham p ~
in o~ume S, Pages ~ ~, Neap Recards, Nueces Jaunty, exas,
- rat "C" of Lot ~2 of B1ac~ "~" a~ FL~~R SLUFF. ~TATL, a s~bd~~~sio~a of the
Lat ~. ~ . ~n b the rr~a ar fat thereof, recorded
c1t of corpus ~r1st~, Feces aunt, Texas, as sho p ~
in a~~me 8, Pages 1 ~, ~p Records, uses bounty, exas,
fast ~ ~a' x ' of the Nest ~ a' of the Nar~h half of Lot 1 of Back ,~ H" of FLOUR
Lat ~. The .. • hr~st~ ~ueces fount ,Texas, as shaven by
BLUFF ETAT, a suhdi~is~a~ of the city of carpus ~
r fat thereof recorded ~~ ~ol~aax~e S}Pages 1 & ~, .p Records, Nueces Jaunty, Texas,
the snap o ~
Doc!* 2008002026
ORIGINAL
DEVELOPMENT AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
This Development Agreement (Agreement) is made and entered into by and between the City of
Corpus Christi, Texas (City), a Texas home rule municipality, and James E. Lee (Developer),
524 Lakeside, Corpus Christi, Texas 78418, hereinafter collectively referred to as the "Parties
upon the premises and for the purposes set out herein, and is effective as stated in. this
Agreement.
INTRODUCTION
A. Developer is the holder and developer of certain interests in real property in Nueces County,
Texas, which real property (Tracts "B" and "C" of Lot 22 of Block "H" of FLOUR BLUFF
ESTATES, being the east 100 feet of the west 150 feet of said Lot 22 save and except the
north feet thereof which of the north one -half of Lot 21 of Block ` purposes,
100 feet et o f the west 150 ' of FLOUR BLUFF
o
ESTATES, save and except the south 12.5 feet thereof which has been heretofore reserved
for street purposes, a recorded subdivision in Corpus Christi, Texas, according to the map or
plat thereof recorded in Vol. 8, Pages 1 and 2, Map Records of Nueces County, Texas) is
further described and depicted on Exhibit A attached hereto and made a part hereof. The
subject property has been conveyed without a formal replatting and is served by all city
services.
B. The Developer intends to develop the real property by the construction of a single family
residence (Project),
C. The City believes that development of the real property contributes to the economic
development of the City.
D. The Parties desire to work together in good faith to provide for the concurrent construction of
the residential improvement and the replatting of the real property.
NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the
Parties agree as follows:
ARTICLE I
CITY'S RESPONSIBILITIES
Section 1.1. Permit issuance. Upon the submission of a complete application for the required
permits for the construction of the residential improvements and payment of
appropriate fees, the City will issue the necessary permits for the construction.
Page 1 of 5
City of Corpus Christi
r Development 5ervicesl
�f special Services
2408 Laopard, Suite 900
Corpus Christi, TX 73406
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was
FILED in file nu2ber sequence on the data
and at tits time stamped herein by we and
was duly RECORDED in the Official public
Records of Nueces County, Te
Has
DIANA T BARRERA
NUECES COUNTY, TEXAS
Any provision herein which restricts the S
ale Rental or use
Of the described REAL PROPERTY because of
Race, Color,
Religion, Sex, Handicap, Familial Status,
or National Origin
is invalid and unenforceable under FEDERAL
LAW, 3/12189.
Doc# 20080020P
#Pa es 6
01/1 5:36PM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $35.00
ORIGINAL