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Home My WebLink AboutC2018-689 - 11/27/2018 - Approved B DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This deferment agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Puerto Los Caballeros (the "Owner") in order to defer the completion of certain required public improvements prior to recording the final plat of Puerto Los Caballeros Tract, Block 1, Lot 1, Corpus Christi, Nueces County, Texas (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. WHEREAS, the Owner is obligated under Section 8.1 of the Unified Development Code ("UDC") to construct the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ("City Engineer"); WHEREAS, the Owner is seeking to delay the construction of the required public improvements ("Deferred Improvements") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat filed immediately with the County Clerk of Nueces County, Texas; WHEREAS, in order to have the Plat filed prior to completion of the Deferred Improvements, the Owner agrees to construct the improvements in Exhibit 2; WHEREAS, by signing this Agreement, the Owner represent that they have completed all other subdivision and platting requirements under the UDC including required park dedications; WHEREAS, by signing this Agreement, the Owner represent that they have executed all park deferment agreements, maintenance agreements, and all special covenants required under the UDC, in accordance with the UDC; WHEREAS, the Owner is entering into this Agreement pursuant to Section 8.1.10 of the UDC in order to defer construction and record the final Plat. NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Owner agree as follows: 1 . The preamble to this Agreement is substantive content in this Agreement and upon which all parties to this Agreement have relied and will continue to rely during the term of this Agreement. C2018-6891er's representations in the preamble to this Agreement and 11/27/18 he Owner's covenants in this Agreement, the City agrees to M2018-219 nt that construction of the Deferred Improvements be Puerto Los Caballeros eros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18(Final) Page 1 of 6 SCANNED completed before the final Plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, and City further agrees to allow the Owner to delay construction of the Deferred Improvements. 3. Detailed construction drawings must be provided by the Owner and accepted by the City's Development Services Engineer prior to the start of construction of the Deferred Improvements. 4. The Owner shall construct the Deferred Improvements in accordance with the River Acres Water System engineering standards in effect at the time of construction and in accordance with the construction drawings accepted pursuant to the paragraph above. 5. No building permit for vertical structures shall be issued for all or any portion of the real property that is subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the River Acres Water System in accordance with the provisions of this Agreement. 6. Upon completion of the Deferred Improvements by the Owner as verified by the Assistant City Manager and Director of Development Services and acceptance of the Deferred Improvements by the River Acres Water System, this agreement is terminated. 7. The City and Owner agree that if the Owner formally vacates the current Plat with approval of the Planning Commission, this agreement is terminated. 8. If Owner defaults in any of their covenants or obligations under this Agreement, the City shall not issue any building permits for vertical structure or certificate of occupancy for projects subject of the Plat. 9. The City reserves the right not to issue certificates of occupancy for all or any portion of the real property that is subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 10. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 11. By execution of this Agreement, the Owner covenants to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land and authorized by the Owner. The City, at the Owner's expense, shall file for record this Agreement in the official public records of Nueces County. 12. The following Plat note will be added to the Final Plat prior to recordation: No certificate of occupancy or building permit will be issued unless water is available Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18(Final) Page 2 of 6 to serve the property and public improvements are constructed pursuant to deferment agreement. 13. No changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 14. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 15. The Owner shall, in compliance with Section 2-349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 3, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. 16. The Owner shall comply with all federal, state, and local laws, regulations, and rules applicable to performance of this Agreement. 17. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. 18. Strict performance of the provisions of this Agreement by the Owner is required by the City as a condition of this Agreement. The Owner specifically acknowledge and agree that failure by the Owner to adhere or comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. 19. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 20. This Agreement is to be executed in One Original, of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Owner and their successors and assigns from and after the date the Agreement has been executed by all signatories. Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18(Final) Page 3 of 6 (EXECUTION PAGES FOLLOW) Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18(Final) Page 4 of 6 EXECUTED IN ONE ORIGINAL and made effective this 6%II day of , 20/1' . CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax ATTEST: ..&.dr. 4 Signature REB CCA HUERTA /ti Printed Name: p r�-�n - lag r CITY SECRETARY Title: Assistant City Manager, or Designee THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on '41/4.iQJt.19 .< 30 , 20 , by for the City of Corpus Christi, Texas. *A�: ULTRA V PENA 0•: NOTARY PUBLIC l\� ti �... .+� State of Texas Comm.Exp.12-02-2019 Notary Public's Signature APPROVED AS A STANDARD FORM LEGAL DOCUMENT: , 20 CITY ATTORNEY Signature Printed Name: t-' k /�• < - .-........ Title: Assistant City Attorney SECReTAR� Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18(Final) Page 5 of 6 OWNER: PUERTO LOS CABALLEROS, LLC P.O. BOX 9605 CORPUS CHRISTI, TEXAS 78469 OFFICE: (361)882-8870 FAX: (361)767-1 '11 • 1 i, 4)..i Signature ,M Printed Name: �\ )�y3 ft\O O LPH V. Title: rn2Y\Bt�' . Date: 1 V `ci l .cf) - STATE OF ��?cc,S § § COUNTY OF '‘ wece S § This instrument was acknowledged before me on Ock-D' e c \q , 20 l8, by 00,n; e l S . 01 c pti.1 , 'C \9e (title) of PUERTO LOS CABALLEROS, LLC, A TEXAS, LIMITED LIABILITY COMPANY, on behalf of said corporation. --� — I ""� XAVIER 6ALVAN 0 Notary ' bli 's Signa • - �� Noury10 125186163 7^_ My Commission Expires ,AIWA February 1,2021 oNemaamwourix Attached and incorporated by reference into this Agreement: Exhibit 1 — Plat Exhibit 2 — Required Public Improvements Exhibit 3 — Disclosure of Interests Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18(Final) Page 6 of 6 • ., . 1/0-2,J P,0 3i,JS 36 / - 926 - 8it6s Attention: City of Corpus Christi Development Services 2406 Leopard St., Ste. 100 (78408) P. O. Box 9277 Corpus Christi, TX 78469-9277 Doc::: 2O Jl uo 5287'1-3 g Pages 12/13/2018 2:30PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $39.00 Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Race? Color? Religion? ex? Handicap? Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW? 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILEDD in file number sequence on the date o.nd at the time stamped herein by me, and was duly RECORDED in the Off icial Public. Records of Nueces County? Texas KARA SANDS /151:! -A- F '4 F * r r -,-„,) 4.r•...��-tom