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HomeMy WebLinkAboutC2009-026 - 1/14/2009 - NASECOND AMENDMENT TO THE PRESERVE AT MUSTANG ISLAND DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES The Preserve at Mustang Island Development Agreement between the City of Corpus Christi and The Preserve at Mustang Island, LLC, is amended as follows: 1. The agreement is amended by revising Section 3.1 to read as follows: 3.1 Upon compliance with Sections 1 and 2 above, and upon the submission of a complete application for construction permit, fully compliant with all applicable ordinances and technical codes, and fully compliant with a valid and unexpired County Dune Permit and a valid and unexpired Beachfront Construction Certificate, the City will issue to Developer permits to construct the following sales and marketing-related structures and improvements only: Amenity Center a. Two Bath Houses b. Two Pedestrian Gates c. Two Swimming Pools: Adults and Kids d. Amenity Monument Structure e. Roundabout with Fountain f. Connecting Decks and Sun Bathing areas around Pools and Bath Houses g. Arbors and Trellises h. Dune Walk-over i. Landscaping j. Electrical, Telephone, Cable Television, and other utility services Temporary Sales Center, with Water Line and Water Service Connection. Four model homes and a model townhome facility, with functional plumbing systems, but without a functional connection to an approved public wastewater system. The Amenity Center, Temporary Sales Center, Four model homes, ;fin Model Townhome Facility will be located on the lots depicted on Exhibit B. 2. Exhibit B is revised. The revised Exhibit B is attached to and incorporated into this amendment. 2009-026 01/14/09 amentlSECOND AMENDMENT TOrtugseDus es AgreementeV7.809.doc Preserve at Mustang Island, LLC The undersigned Parties have executed this Second Amendment to the Agreement on the dates indicated below. THE PRESERVE AT MUSTANG ISLAND, L.L.C, A Delaware limited liability company By: Forestay (USA) Real Estate Group Inc., its Managing Member 0 By: Dare e L Louke Vice President Date: Attest: By: /~/' Brad Stein Assistant Secretary Approved as to form By: -r«-- t ~-~- Br an C. Rider Attorney for The Preserve at Mustang Island, L.L.C. THE CITY OF CORPUS CHRISTI By: ~/' G~,~'•rw ' gel Escobar City Manager Date: Attest: H:\PLN-DIR\SHARED1Project Manager Working DocumentslDan's All Projacts12008\The Preseve (Tortuga 2 Dunea)VVnendments to Dev. Agreement\SECONDRMENDMENT Tortuga Dunes Agreement -- 1.8.09.doc ey: Armando Chapa City Secretary Approved as to form: By: R. ?!t R Wing First As istant Cit ttorney For City Attorney H:\PLN•DIR\SHARED1ProJecl Manager Working Documents\Dan's All Projecls12008\The Praseve (Tortuga 3 Dunes)V\mendments to Dev. AgreementlSECONDRMENDMENT Tortuga Dunes Agreement -- 1.8.09.doc e 0 . . e e ~~s ~~~ €~~ ~~~ a ~ . S yp : ~a I!~ ~ $ ~ " ~~ ~~~ ~ ~~ ~3 yyyp g y ~ ~ ~ 'l / /'/ / iy3~y3 0 9 C ~~~A ~ ~„ ~ry ~~ ~~ ~ w4i~i EeiPi SiHi € e e E$ , a N 4 .~s. y g i~ • e . • ~i e ~ o ~ EXHIBIT B .o.~~E,W.~F„ ' ~ THE PRESERVE AT MUSTANG ISLAND e ~imuc°Em oLY4n STRUCTURE IMPROVEMENT LOCATIONS 114 ~11MMp ~ I °wOP1O°N1°°"' w ewnwuweeema wexKew ~ ~li.%11~gl~~lw~b iMCdMOAiII m ~,w. I r