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
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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.
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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.
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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
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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
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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
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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.
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(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.
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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.
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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~
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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
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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
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,- 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:
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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
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