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HomeMy WebLinkAboutC2008-155 - 5/13/2008 - ApprovedDEVELOPMENT 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 John Mikulencak and Linda Mikulencak ("Developers"), 382fi Apollo, Corpus Christi, Texas 78413, in this Agreement collectively referred to as the "Parties". INTRODUCTION A. Developers are the owners of certain interests in real property in Nueces County, Texas, known as Maple Hills Subdivision, Unit 5, {"Subdivision") which they are developing. Maple Hills Subdivision, Unit 5, is further described and depicted on Exhibit A attached to this Agreement and made a part of this Agreement. B. The Developers are requesting a variance from the City's Steps for Acceptance of Subdivision Improvements, dated April 19, 20D4, and the 75% Completion of Construction requirement for recordation of the final plat in the Corpus Christi Platting Ordinance. C. Installation of permanent water and wastewater service to this Subdivision is contingent upon completion of utility improvements included within the City's capital improvement project for reconstruction of Up River Road between McKenzie Road and Rand Morgan Road. Although construction of the Subdivision was originally scheduled to coincide with the Up River Road improvements, completion of the Subdivision has progressed in advance of the City's project. D. At this point, the Subdivision meets all requirements for 75% completion, excep# for the final off-site water and wastewater connections associated with the City project, which are currently anticipated to be complete in late September or early October. E. The Developers are requesting that plat recordation be allowed before these improvements are completed so that vertical construction of residential structures may begin. F. The Parties desire to work together in good faith to provide public and private improvements serving the general area of the Project for the benefit of the citizens of the City and surrounding areas. NOW, THEREFORE, for the mutual assurances set forth in this Agreement and good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: 200$-155 Ord. 027698 05/13/08 Page 1 of 12 Mikulencak, Sohn & Linda 15-131Maple Hills 5 Development Agreement -- rjr 042520DB.doc ARTICLE I CITY'S RESPONSIBILITIES Section 7.1. Construction Plans. The City agrees to allow the Developers, at the Developers' expense, to connect to the City's water and wastewater lines, after acceptance by the City Engineer, as part of Capital Improvement Project No. 6265. The connections must comply with all City requirements and engineering construction standards. Section 7.2. Funding. The City has no obligations to fund any of the infrastructure costs required for the Subdivision's development, including any costs associated with the connection of water and wastewater service to the Subdivision. Section 1.3. Permits. a. The City agrees to record the final plat for this Subdivision upon completion of all requirements for 75°1° Completion of Construction as described in the City's Platting Ordinance, and in the Steps #or Acceptance of Subdivision Improvements, dated April 19, 20x4, with the exception of the required water and wastewater improvements within the Up River Road right-of-way. b. The City will issue building permits for structures within the Maple Hills Unit 5 Subdivision after recordation of final plat, with the following exception: No building permits for any structures on Lots 11 through 28 of Block 2 will be issued until all subdivision requirements, under the City's Platting Ordinance and the Steps for Acceptance of Subdivision Improvements, are 100% complete, and accepted by the City, including those improvements within the Up River Road right-of-way. Section 1.~4. Ownership. The City agrees to accept ownership of public improvements upon completion and acceptance of all public improvements within the Subdivision and the Capital Improvement Project for the reconstruction of Up River Road between McKenzie Road and Rand Morgan Road (Project No. fi265). ARTICLE II DEVELOPERS' RESPONSIBILITIES Section 2.1. Interim Construction Plans and Construction. a. The Developers agrees, at the Developers' expense, to submit for City approval, plans for interim water and wastewater service. b. The interim water and wastewater service must be installed by the Developers under City requirements, inspected by the City, and upon acceptance by the City, put into operation, all as a requirement for meeting 75% Completion of Construction for plat recordation. c. All costs associated with the installation, operation, dnd maintenance of the interim water and wastewater service are the responsibility of the Developers. Page 2 of 12 H:ILEG-DIR1SharedWaylAgenda1200815-131Maple Hills 5 Development Agreement -- rjr 04252008.doc d. The Developers are responsible for removing any water or debris from the wastewater collection system prior to and as a condition of acceptance by the City. e. Removal of any interim water or wastewater infrastructure components not required for permanent service according to the approved construction plans for the Subdivision are the responsibility of the Developers. f. The Developers are responsible for servicing and maintaining all water distribution and wastewater collection lines within the Subdivision until the permanent connections are made to the City's water and wastewater lines within the Up River Road right-of- way. Section 2.2. Compliance a. Notwithstanding any provisions in the City's ordinances, rules and regulations to the contrary, the Developers agrees to comply with all applicable codes, ordinances, rules, and regulations that are in effect as of the date of this Agreement, or as amended or supplemented as a result of this Agreement. b. Installation of and connection to the water utilities improvements, must comply with all requirements of the Interns#ional Plumbing Code, 2003, as amended in Section 14- 2$1 of the Corpus Christi Code and the City of Corpus Christi Water Distribution System Standards for fire flow. c. Fire flow must be calculated based on the ISO classifications as to construction type and occupancy type. d. Installation of and connection to the wastewater utilities improvements must comply with the approved construction plans, Texas Commission on Environmental Quality Chapter 317 requirements, and standard construction details published by the City's Department of Engineering Services. Section 2.3. Fire Safety Requirements. a. The Developers' Engineer, at the Developers' cost, shall certify the limits of the Subdivision that will, under the conditions of the interim water service connection, meet fire protection standards for they type of occupancy and construction proposed pursuant to ISO Fire Suppression Rating Schedule as adopted by the Texas Department of Insurance, or the City's Water Distribution System Standards, whichever is more restrictive. b. No building permits wi11 be issued for any structures within the Subdivision beyond these limits until the Subdivision meets the 100% completion requirements described in Section 1.3, Permits, above. Page 3 of 12 H:ILEG-DIRISharedlJaylAgenda1200815-131Maple Hills 5 Development Agreement -- rjr 0425200$.doc Secfion 2. ~. Permanenf Wafer and Wastewater Connections. DeveloperslOwner agrees for itself, its successors, transferees, and assigns, as follows: (1) The Develapers shall coordinate permanent water and wastewater connections, and any other Subdivision improvements required within the Up River Road right-of-way, with the City's Capital Improvement Project for the reconstruction of Up River Road. (2) The Developers shall make permanent connections to the City's water and wastewater lines within the Up River Road right-of-way within the timeframe designated by the City Engineer. (3) Under no circumstances may any newly constructed pavement sections be intentionally damaged or disturbed. (4) The Developers are responsible for the cost of restoring any pavement unintentionally damaged as a result of construction of improvements required far the Subdivision. Secfion 2.5. Security of Deferred Improvements a. The Developers agrees to provide to the City, in a form acceptable to the Finance and Legal Departments, a security in the amount of 110% of the Engineer's estimate of cost of the deferred improvements for the Subdivision. b. Upon acceptance of the permanent connection to the City's water and wastewater lines in the Up River Road right-of-way by the City Engineer, or at a later time as may be mutually agreed upon by both parties, the City Engineer will immediately release Developers from all obligations under this Agreement, by mailing a Release Letter to the developers at the address provided in Section 4.1.c of this Agreement, and thereafter refund to the Developers within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City #rom the Developer, including interest earned. c. If the required improvements, including construction of the permanent connection to the City's water and wastewater lines in the Up River Raad right-of-way have not been completed by deadline set by the City Engineer, ar if the Developer fails to deposit any increase security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the required improvements, including construction of the permanent connection to the City's water and wastewater lines in the Up River Road right-of-way with any monies received from the Developers, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. d. If City constructs all or any part of the improvements, the Developers agree to reimburse the City for any additional cost of the improvements, if the sum of money and Page4of12 H:ILEG-DIR1SharedWaylAgenda120 0 815-9 31Maple Hills 5 Development Agreement - rjr 04252008.d°c interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. e. The City and Developers agree that if the Developers formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the required improvements, including construction of the permanent connection to the City's water and wastewater lines in the Up River Road right-of-way, with related infrastructure, the money received by the City from the Developers, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. f. If Developers default in any of its covenants or obligations under this Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developers thirty (30} days #rom date of receipt of the letter to cure the default. g. If the Developers fail to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. h. In the event there are any monies received by the City from the Developers, plus interest earned, remaining after the City has completed construction of the improvements, the excess monies, both principal and interest, shall be refunded to Developers within sixty (60} days of the completion of construction and settlement of construction contracts. i. The Developers agree that the City, after notice in writing to the Developers and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. Section 2. fi. Indemnification. a. THE DEVELOPERS RELEASE AND COVENANT TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ("INDEMNITEES") FROM, AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS, LIABILITIES, EXPENSES, AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, TO THE EXTENT ANY DAMAGE OR INJURY MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPERS'S CONSTRUCTION, EXISTENCE, USE, OPERATION, MAINTENANCE, ALTERATION, REPAIR, OR REMOVAL OF THE INSTALLATION, OPERATION, OR MAINTENANCE OF THE INTERIM WATER OR Page 5 of 12 H:1L.EG-DIR1SharedWaylAgenda1200815-131Maple Hills 5 Development Agreement -- rjr 04252008.doc WASTEWATER SERVICE TO THE SUBDIVISION; THE PERFORMANCE OF THIS AGREEMENT; AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF THE DEVELOPERS OR ANY OF THEIR AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, LICENSEES, SUBCONTRACTOR, INVITEES, OR OTHER PERSONS ENTERING UPON THE SUBDIVISION, OR THE ADJOINING CITY RIGHT-OF-WAY UNDER THIS AGREEMENT WHETHER AUTHORIZED WITH THE EXPRESSED OR IMPLIED INVITATION OR PERMISSION OF THE DEVELOPERS {COLLECTIVELY "THE DEVELOPERS'S INVITEES") OR NOT; WHEN ANY INJURY OR DAMAGE IS THE RESULT, PROXIMATE OR REMOTE, OF THE VIOLATION BY THE DEVELOPERS, OR THE DEVELOPERS'S INVITEES OF ANY LAW, ORDINANCE, OR GOVERNMENTAL ORDER OF ANY KIND; WHEN ANY INJURY OR DAMAGE MAY IN ANY OTHER WAY ARISE FROM OR OUT OF THE USE OF THE SUBDIVISION ITSELF BY ANY PERSON, WHETHER AUTHORIZED TO USE THE SUBDIVISION PREMISES OR NOT; OR WHETHER THE INJURY, LOSS, OR DAMAGE IS CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. b. THE DEVELOPERS COVENANT AND AGREE THAT IF THE CITY IS MADE A PARTY TO ANY LITIGATION AGAINST THE DEVELOPERS OR IN ANY LITIGATION COMMENCED BY ANY PARTY, OTHER THAN THE DEVELOPERS RELATING TO THIS AGREEMENT, THE DEVELOPERS SHALL, UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND THE CITY IN ALL ACTIONS, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. Section 2.7. Insurance. The Developers must provide insurance in the amounts, types of coverage, and conditions required by the City's Director of Risk Management, or designee, ("Risk Manager") a copy of which is attached and incorporated into this Agreement as "Exhibit B". Section. 2.8. Disclosure of Interest.. Developer further agrees, under the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto as Exhibit "C". ARTICLE III TERM, ASSIGNMENT AND AMENDMENT Section 3.1. Term. a. The term of this Agreement commences on the Effective Date (as defined subsection b of this Section), and continues until completion of the terms, conditions, covenants, and obligations of this Agreement, unless terminated.on an earlier date Page 6 of 12 H:ILEG-DIRISharedWaylAgenda12 0 0 815-1 31Maple Hills 5 Development Agreement - rjr o4252008.doc under other provisions of this Agreement or by written agreement of the City and the Developers. b. The Effective Date of this Agreement is the date of full execution by the Parties. c. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Section 3.2. Amendment by Agreement. a. This Agreement may be amended as to all or part of the Subdivision at any time by mutual written consent of the City and Developers, or their successors or permitted assigns. b. Amendments and changes in the approved construction plans and specifications and to the terms of this Agreement may be administratively approved on behalf of the City when the change does not increase the cost of the purchase and installation of the improvements by more than twenty-five percent (25%} or by more than Twenty-five Thousand Dollars ($25,000), whichever is less. Section 3.3. Assignment. a. This Agreement and the rights of the Developers may be assigned to any subsequent owner of all or a portion of Maple Hills Unit 5, subject to the prior written consent of the City, which consent will not be unreasonably withheld. b. Any assignment will be in writing, will specifically set forth the assigned rights and obligations and will be executed by the proposed assignee. Section 3.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. Section 3.5. Covenant running with the land. The Parties agree that this instrument is a binding instrument and when recorded, at Developers' cost and expense, must be a covenant running with the land. ARTICLE 1V MISCELLANEOUS PROVISIONS Section 4.1. Notice. a. Any notice given under this Agreement must be in writing and may be given by one of the following methods: (1) By depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid. Page 7 of 12 H:ILEG-DIR15haredlJaylAgenda12DD815-131Maple Hills 5 Development Agreement - rjr 44252048.doc (2} By depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with ali charges prepaid. (3) By personally delivering it to the party, or any agent of the party listed in this Agreement. (4) By facsimile with confirming copy sent by one of the other described methods of notice set forth. b. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. c. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469-9277 With Required Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469-9277 Developers: John Mikulencak and Linda Mikulencak 3826 Apollo Corpus Christi, Texas 78413 d. The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other party. e. The Developers may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Section 4.2. Severability; Waiver. a. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Page 8 of 12 H:ILEG-DIR15haredWaylAgenda1200815-131NEaple Hills 5 Development Agreement - rjr 04252448.doc b. Each of the rights and obligations of the Parties to this Agreement are separate covenants. c. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. Section 4.3. Applicable Law and Venue. The Paws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. Secfion 4.4. Enfire Agreement. a. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. b. This Agreement can be amended only by written agreement signed by the Parties. c. This Agreement supersedes all other agreements between the Parties concerning the subject matter of this Agreement. Secfion 4.5. Exhibits, Headings, Construction and Counterparts. a. AI! schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. b. The section headings contained in this Agreement are far convenience only and do not enlarge or limit the scope or meaning of the sections. c. The Parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. d. The rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits to this Agreement. e. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. f. This Agreement becomes effective only when one or more counterparts bear the signatures of all the Parties. Page 9 of 12 H:1LEG-DIRISharedlJaylAgenda120 0 815-1 31Maple Hills 5 Development Agreement - rjr D4252DD8.dac Section 4. fi. Authority for Execution. a. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. b. The Developers hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership agreement. Section 4.7. Relationship of Parties. a. In performing this Agreement, both the City and Developers will actin an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. b. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 4.8. Survival of terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this agreement. ARTICLE V EXHIBITS The following exhibits are attached to #his Agreement, and made a part of this Agreement for all purposes: Exhibit A Depiction of Maple Hills Subdivision, Unit 5 Exhibit B Insurance Requirements Exhibit C Disclosure of Ownership Interests form The undersigned Parties have executed this Agreement on the dates indicated below. ATTEST Armando Chapa City Secretary 0~ . ~~ 1 ~~ O AU1~Ft~?RIL#~ n co~r~et~ ...~ 3 0 sec~~r~~r ~ . Page CITY OF CORPUS CHRISTI a Texas ry~icipal corporation By: V rn-- eorge K. Noe City Manager Date: ~I ~/ D~ 1D of 12 H:ILEG-DIR1SharedlJaylAgenda120o815-131Maple Hills 5 Development Agreement -- rjr QA252008.doc APPROVED as to legal form. . Ja ein~ g First Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the _ ~ ~~ aay of ~'U l a 2008 by George K. Noe, City Manager, City of Corpus Christi, Texas fora on behalf of said municipal corporation. 1Y ~ ='~s~ MEAGAN STAHtA ~~ '"' MY COMMfSSION EXPIRES ~~=,~.pf;`~~°~ September 2d, 201 t STATE OF TEXAS § COUNTY OF NUECES § 4 - No#~ry P lic, State of Texas JOHN MIKULENCA J n ikulencak Date: This instrument was acknowledged before me on the ~~ day of ~H' , 2008 by John Mikulencak. e ~,.t~,nr~~;w :.°•' ~, ~~ ~ ~ JACQUELYN N. SQUIRES Notary Public, State of Texas mmission Expires C M . „~ r ''.,*• **: o y March 24 2011 ry Public, State of Texa Page 11 of 12 H:ILEG-DiRlSharedWaylAgenda1200815-131fJlaple Hills 5 Development Agreement - rjr 04252008.doc LINDAA911.IKULENCAK _ ~-- 1~i~FiBa Mikuienc ~~~ Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the ~ ~' - -day of , 2008 Linda Mikulencak. Nota lic, State of Tex After recording <..a..~- _`'e~'hT ufi~egy Return to: _ ~~i~tf OFI~~l~~ John & Linda Mikulencak --,,,,F„, 3826 Apollo Corpus Christi, Texas 78413 JAC6~u~LYN N. SAUIRES Notery Public, State of Texas My Commission Expires MgrCh 2A, 2011 Page 12 of 12 H:1LEG-DIRISharedlJayWgenda12Dd815-131Maple Wills 5 Development Agreement - rjr D4252008.doc ,- CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be~ erect. !f the question is no# applicable, answer with "NA". / FIRM NAME r S B ~ ..L t! ~ [~ STREET: CITY: ZIP: ~~! FIRM is: 1. Corporation t/ 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Na nmAe Job Title and City Department (if known} 'Y `~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name ~ Title 3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm". Name /} Board, Commission or Committee 4. Sta#e the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name - J ~ Consultant ~! CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, T as as changes occur f Certifying Person: ~ ~ Title: _~~.f~~-- (Type or Print) ((~~ Signature of Certifying Person: ~ ~~' 1rl CGt~Date: ~~ ~ a Exhibit C Doc# 200802 5738 1q p y' y If , 4 7 , F ti: L 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 John Mikulencak and Linda Mikulencak ( "Developers "), 3826 Apollo, Corpus Christi, Texas 78413, in this Agreement collectively referred to as the "Parties ". INTRODUCTION A. Developers are the owners of certain interests in real property in Nueces County, Texas, known as Maple Hills Subdivision, Unit 5, ( "Subdivision ") which they are developing. Maple Hills Subdivision, Unit 5, is further described and depicted on Exhibit A attached to this Agreement and made a part of this Agreement. B. The Developers are requesting a variance from the City's Steps for Acceptance of Subdivision Improvements, dated April 19, 2004, and the 75% Completion of Construction requirement for recordation of the final plat in the Corpus Christi Platting Ordinance. C. Installation of permanent water and wastewater service to this Subdivision is contingent upon completion of utility improvements included within the City's capital improvement project for reconstruction of Up River Road between McKenzie Road and Rand Morgan Road. Although construction of the Subdivision was originally scheduled to coincide with the Up River Road improvements, completion of the Subdivision has progressed in advance of the City's project. D. At this point, the Subdivision meets all requirements for 75% completion, except for the final off -site water and wastewater connections associated with the City project, which are currently anticipated to be complete in late September or early October. E. The Developers are requesting that plat recordation be allowed before these improvements are completed so that vertical construction of residential structures may begin. F. The Parties desire to work together in good faith to provide public and private improvements serving the general area of the Project for the benefit of the citizens of the City and surrounding areas. NOW, THEREFORE, for the mutual assurances set forth in this Agreement and good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: Page 1 of 12 H: 1LEG- DIRI SharedlJay \Agenda1200815- 131Maple Hills 5 Development Agreement -- rjr 04252008.doc STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILET; in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas DIANA T. BARERRA NUECES COUNTY, TEXAS An rovision herein which restricts the Sale, R entai or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 2008025 7 # Pages 14 06106/2008 9 :16AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees 167.00 as�rr:emm�h suits 100 jorpus Shtlsti, TX MOO