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Home My WebLink AboutC2009-333 - 8/18/2009 - Approved~ 1 i r AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RONALD A, VO S S, S R. This agreement ("Agreement"} is made by and between the City of Corpus Christi ~"City"}, a Texas home-rule municipality, and Ronald A, Voss, Sr. ~"Owner"}, as an owner of the real property and improvements located at Copps Addition, Lot 2, Corpus Christi, Nueces County, Texas, and commonly known by its street address of 1502 Tarlton Street, real property tax account ID# 1772-OO00-0020 ~"Property"}, that is the subject of this Agreement, With particular regard to the improvements upon the Property, unless stated otherwise, the terms of this Agreement pertain only to the west wing ~"Nest Wing"} of the existing structure on the Property. The purpose of this Agreement, made at the request of the Owner, is to enable the Owner a reasonable period of time in which to complete temporary repairs to the West Wing of the structure prior to the Property's eventual transfer or sale or the possible demolition of the Nest Wing of the structure, such structure being subject to a demolition order issued under the authority of the Cit 's Buildin Standards Board "BSB" , Y g ~ } Subject to the Owner's compliance with the conditions and provisions outlined in this Agreement, the City agrees not to pursue the demolition order pertaining to the West Wing of the structure prior torthe termination of the deadlines stated in this Agreement. In consideration of the City's modification of the BSB order, extension of time, and execution of this Agreement, and in consideration of the Owner's faithful performance, the parties agree as follows; ~ 1 } Owner shall install razor wire along the roof edge of the West Wing where the roof is accessible and install signslnotices at the Property indicating that access to the roof is dangerous within ten X10} days following final execution of this Agreement. Owner shall ensure that the razor wire and signslnotices remain effectively in place until the transfer ar sale of the Property, completion of the demolition of the West Wing, or the termination of this Agreement, whichever occurs earlier in time. ~2} Owner shall remove all trees and other objects that abut or permit access to the roof edge of the structure within seven ~7} days following the f nal execution of this Agreement. Owner shall ensure that all trees and other objects that may abut or permit access to the roof of the structure be eliminated upon discovery and continue abated until the transferor sale of the Property, completion of the demo lition of the West Wing, or the termination of this Agreement, whichever occurs earlier in time. ~3} Owner shall securely cover the existing holes in the roof of the West Wing usin g heavy duty corrugated metal or similar heavy duty material within forty-f ve X45} 2409-333 M2009-235 08/15/09 Donald A. Voss INdEXED Page 1 of 4 days of the final execution of this Agreement. Owner shall ensure that all roof holes remain covered in a secure condition until the transfer or sale of the Property, the completion of the demolition of the West Wing, or the termination of this Agreement, whichever occurs earlier in time. ~4} Owner shall secure, and keep secured until the transfer or sale of the Property, the completion of the demolition of the West Wing, or the termination of this Agree- ment, whichever occurs earlier in time, all accessible openings and points of unauthorized entry into the West Wing and at the Property in full compliance with the City's Code of Ordinances ~"Code"}, including but not limited to the provi- sions of the Vacant Building Ordinance, ~5) Owner shall begin removal and proper disposal of the solid waste and debris from the interior of the West Wing within thirty X30} days of the f nal execution of this Agreement. Owner shall actively continue removal and proper disposal of the solid waste and debris until the earlier of the transferor sale of the Property, com- pletion of the demolition of the West Wing, or the termination of this Agreement, whichever occurs earlier in time. ~G} Owner shall ensure abatement and maintain the Property at all times free of tall grass, weeds, litter, solid waste, illegal dumped materials, and graffiti in full compliance with the Code until the transferor sale of the Property, completion of the demolition of the Nest Wing, or the termination of this Agreement, whichever occurs earlier in time. ~7) Owner shall submit a fully completed application within ten ~ 10} days of final execution of this Agreement to Neighborhood Visions, Inc., for review and consideration, to have the West Wing of the Property demolished under the Texas National Guard's "Operation Clean Sweep" program, such program being admini- stered and coordinated on behalf of the community by Neighborhood Visions, Inc. ~"Operation Clean Sweep"}. Owner shall diligently pursue providing Opera- tion Clean Sweep with all necessary paperwork and approvals required in order for Owner to seek a final determination regarding demolition, such demolition determination date from Operation Clean Sweep presently unknown but antici- pated to be not later than May 31, 2010. Owner acknowledges that the Owner will be responsible for all necessary duties and obligations regarding asbestos testing, remediation, and the removal of asbestos debris if required by Operation Clean Sweep for the demolition of the Nest Wing., ~8} In the event of a favorable decision of Owner's demolition request by Operation Clean Sweep, City agrees not to pursue demolition under and seek enforcement of the City's BSB order so long as Owner continues to comply with the terms and conditions outlined in this Agreement; in the event of such favorable decision, this Agreement terminates upon the completion of demolition of the West Wing by Operation Clean Sweep, Aage ~ of 4 ~9} In the event of the denial of Owner's demolition request by Operation Clean Sweep at any time following the final execution of this Agreement and prior to May 31, 2010, the Owner shall have thirty X30} days from the date of denial to obtain permits from the City for the demolition of the West Wing and an addi- tional sixty X60} days from permit issuance in which to complete demolition of the Nest Wing and the removal of all demolition debris from the Property, in accordance with the provisions of the City's BSB order. In the event Owner demolishes the West Wing, this Agreement terminates upon the removal from the Property of the final load of demolition debris. X10} The parties agree that for purposes of Owner's appeal to the City Council of the BSB order, this agreement shall operate as a bar to any further appeal by Owner of the BSB order to the City or a court of competent jurisdiction; provided, however, the parties acknowledge and agree that nothing contained herein shall affect the parties' abilities to seek legal or equitable relief from a violation of this agreement by either party. Furthermore, the parties acknowledge and agree that nothing contained herein shall act as a waiver or bar to the filing of complaints or criminal charges with respect to the violations of the City Code by Owner. A copy of the City's BSB order is incorporated by reference into this Agreement as if set out in its entirety. ~ 11) The parties agree that neither party will seek any action under this Agreement without providing the other party with notice of default or non-compliance and three ~3}business days to cure such default. (EXECUTION PAGE FOLLOWS) Page 3 of 4 Executed in duplicate by both parties as accepted and agreed: CITY OF CORPUS CHRISTI ~~ ~~ Margie Rose, Assistant City Managerl Interim Director, Neighborhood Services as designee of `Angel R. Escobar, City Manager owner: RONALD A. V~SS, SR. Signature 8, rs. 09 Date ~~^ •. r~rrrrhwr~wrnr AUTHgR12Ei~ rrrarrrr w ~ ~EG~~"ItRY ~~ ~' i~o Date ACKNGWLEDGMENT STATE aF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § o,~" /~~,~ G(./} r~ a Nota Public of the State of Texas, personally Before me, ~~ ~ rY appeared Ronald A. Voss, Sr., known to me or proved to me through presentation of aState-issued Driver's License or identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ~~~~-~~F~,,,~ J~ANNI~ H4llAND :~~~'p~r f ~~~~'~ „ , . ~ Notary Public, State of texas ~~, ,~~ My Cammissio~ expires r"'~~'F~f i~}~`~ November D~, 20D9 L~ otary Public, State of Texas Pagc 4 of ~