HomeMy WebLinkAboutC2019-696 - 12/17/2019 - Approved DocuSign Envelope ID:4710E972-AF7F-4299-AA60-78A6564E0A6B
Amendment No. 1 to Developer Agreement
For Park Road 22 Bridge and Village Canal
The CITY OF CORPUS CHRISTI, TEXAS (the "City"), Padre Island Holdings, LLC, ("PIH"), and
Diamond Beach Holdings, LLC ("DBH") (collectively with PIH, "Developers"), do hereby make and enter
into this amendment (the "Amendment") which, together with the Developer Agreement for Park Road
22 Bridge and Village Canal (the "Agreement") and all other duly executed amendments, constitutes
the entire agreement between the City and the Developers
I.
Section A.1. Roles and Responsibilities of the City, paragraph 1 .5 of the Agreement is hereby
deleted in its entirety and replaced with the following language:
"1 .5 Following the determination of available funding, the City will award the construction
contract for the Bridge Project and issue a limited notice to proceed to that the construction
contractor for purposes of value engineering and resolving any design issues related to the
Bridge Project. The City will have no obligation to issue a full notice to proceed or begin work
on the Bridge Project until the Village Canal is substantially completed. For purposes of this
Section 1.5, substantial completion of the Village Canal shall mean the date when the
dredging and bulkheading is completed for the Village Project;"
II.
Section A.1. Roles and Responsibilities of the City, paragraph 1.6 of the Agreement is hereby
deleted in its entirety and replaced with the following language:
"1.6 As soon as practicable following notice of the Village Canal's substantial completion
in accordance with Section 2.5 below, the City shall issue a full notice to proceed (the "Notice
to Proceed") to the contractor awarded the Re-Bid, and will provide written notice of the Notice
to Proceed to Developers within 3 days of its issuance. For purposes of this Section 1.6,
substantial completion of the Village Canal shall mean the date when the dredging and
bulkheading is completed for the Village Project;"
III.
Section A.3. Sequencing of Obligations, paragraph 4 is hereby amended to add the following
language at the end of said paragraph:
"4. The City will award the construction contract for the Bridge Project and issue a limited
notice to proceed (Section 1.5)"
IV.
Section A.3. Sequencing of Obligations, paragraph 9 is hereby amended to add the following
language at the end of said paragraph:
SCANNED
DocuSign Envelope ID:4710E972-AF7F-4299-AA60-78A6564E0A6B
"9. City shall issue the Notice to Proceed on the construction contract for the Bridge
Project (Section 1.6)"
The Developers and the City agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms
of this Amendment.
Padre Island Holdings, LLC
r—DocuSigned by:
eivOCrOpe.e.• de".
`-320B2DB9F8F8423...
By:
Name:Christopher Hamm Date 12/6/2019
Title: Manager
Diamond BeachW Holdings, LLC
Comcfr ROLFF
Dodd
4A39E431158C43B...
By:
Name: JENNIFER HOFF Date 12/9/2019
Title: vp
CITY OF CORPUS CHRISTI
Peter Zanoni Date
City Manager
ATTEST.
UERTA
APPROVED AS TO FORM: RE ECCA
CI SECRETARY
CiAAALtA age*,-1‘1
I?,11±11/111
Assistant City Attorney (Date)
for the City Attorney
MAD
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