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HomeMy WebLinkAbout032591 RES - 10/26/2021Resolution authorizing 24 month extensions for 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 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 (District 5) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a 24 -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 032591 SCANNED PASSED AND APPROVED on the day of C(.101)-(( , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: Rebecca Huerta City Secretary OF CORPUS CHRISTI Paulette M. Guajardo Mayor THIRD 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, 2023. 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, 2023, 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 , 2021 CITY OF CORPUS CHRISTI MPM DEVELOPMENT. L.P. AI Raymond III, AIA, CBO Mossa Mos Mostaghasi Director of Development Services APPROVED AS TO FARM Buck Brice Assistant City Attorney for the City Attorney (date) General Partner FOURTH 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, 2023. AH other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this — day of 2021. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services APPROVED AS TO FORM Buck Brice Assistant City Attorney for the City Attorney (date) General Partner