HomeMy WebLinkAbout032256 RES - 10/27/2020Resolution authorizing extensions for a period not to exceed
12 months, of a Water Arterial Transmission and Grid Main
Construction and Reimbursement Agreement not to exceed
$109,354.20 for installation of a water arterial transmission and
grid main line, and extension of a Developer Participation
Agreement not to exceed $207,386.85 for partial construction
of Oso Parkway with MPM Development, LP for a planned
residential development, Royal Creek Estates Unit 7,
located south of Yorktown Boulevard and east of Cimarron
Boulevard at 8399 Rock Crest Drive.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a 12 -month
performance date extension to the Water Arterial Transmission and Grid Main
Construction and Reimbursement Agreement for installation of a Water Arterial
Transmission and Grid Main Line and Participation Agreement for partial construction of
Oso Parkway ("Amendments") attached hereto, with MPM Development for a planned
residential development, Royal Creek Estates Unit 7, located south of Yorktown
Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive.
032256
SCANNED
PASSED AND APPROVED on the 2 day of 0Ctub-fir , 2020:
Joe McComb
Rolando Barrera
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
ATTEST:
LC
Re•-cca Huerta
City Secretary
CITY OF CORPUS CHRISTI
cComb
aypr
032256
Page 2 of 2
SECOND AMENDMENT OF PARTICIPATION AGREEMENT
This is an amendment to the Participation Agreement, Document number 2017048025, originally dated
November 7, 2017, by and between: MPM Development, L.P. and the City of Corpus Christi.
NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend
Participation Agreement, Sections (K)(3) & (Q) as follows:
K. DEFAULT. The following events shall constitute default:
3. Owner fails to complete construction of the Roadway Extension, under the approved
plans and specifications, on or before November 7, 2021.
Q This Agreement becomes effective, is binding upon, and inures to the benefits of the
City and the owner from and after the date of the last signatory to this
Agreement. This Agreement expires on November 7, 2021, unless terminated earlier
in accordance with the provisions of the Agreement.
All other terms and conditions of the original agreement remain effective and in full force.
EXECUTED IN ONE ORIGINAL and made effective this _ day of , 2020.
CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P.
Al Raymond III, AIA, CBO�'ostaghasi
Director of Development Services eneral Partner
APPROVED AS TO FORM:
Buck Brice
Assistant City Attorney
for the City Attorney
STATE OF TEXAS
COUNTY OF YII .LQJ
(date)
This instrument was acknowledged before me on (% day of %11Aai-- , 2020, by
Mossa Moses Mosta•hasi General P. rtner, on behalf of MPM Development, L.P.
���,�.,,, O'fr�'if41,� ENiEi�O
ID# 1178588-3
` • € Notary Public
PA
STATE OF My Comm. Exp. 1TEXAS4-2023
vMLitt,
Nota
Public's Signature
1
THIRD AMENDMENT OF WATER ARTERIAL TRANSMISSION AND
GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT
This is an amendment to the Water Arterial Transmission and Grid Main Construction and
Reimbursement Agreement, Document number 2017048024, originally dated November 7, 2017, by
and between: MPM Development, L.P. and the City of Corpus Christi.
NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend
Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Section 5
as follows:
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the improvements to 12 -inch waterline, under the
approved plans and specifications, by November 7, 2021.
All other terms and conditions of the original agreement remain effective and in full force.
EXECUTED IN ONE ORIGINAL and made effective this day of , 2020.
CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P.
Al Raymond III, AIA, CBO Mossa Mostaghasi
Director of Development Services General Partner
APPROVED AS TO FORM:
Buck Brice
Assistant City Attorney
for the City Attorney
STATE OF TEXAS
(date)
COUNTY OF OA e 4
This instrument was acknowledged before me on (0 day of iet -- , 2020, by
Mossa Mostaghasi, General Partner, on behalf of MPM Development, L.P.
�PRv, G� CYNTHIA BUENO
`=(
\01 ID# 1178588-3
j *I Notary Public
N9 0 Py. ATExp. 1TEXAS
My Comm.2023
Notary Public's Signature
1