HomeMy WebLinkAbout032592 RES - 10/26/2021Resolution authorizing 24 month extensions for a Water Arterial
Transmission and Grid Main Construction and Reimbursement
Agreement not to exceed $183,810.74 for installation of a water arterial
transmission and grid main line, and a Developer Participation
Agreement not to exceed $185,005.37 for partial construction of Oso
Parkway with MPM Development, LP for a planned residential
development, Royal Creek Estates Unit 8, 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 24 month
performance date extensions 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 with MPM Development, LP ("Amendments") attached hereto, with MPM
Development, LP for a planned residential development, Royal Creek Estates Unit 8,
located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest
Drive.
032592
SCANNED
PASSED AND APPROVED on the day of CX -1-02,,y,2021:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST:
CITY OF CORPUS CHRISTI
Rebecca Huerta aulette M. Guajardo
City Secretary
Mayor
03259
SECOND 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 2018053884, originally dated December 6, 2018, 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 6
and 9.e. as follows:
6. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the improvements to Grid Main Extension,
under the approved plans and specifications, by December 6, 2023.
9. e.
Developer/Owner's contractor fails to complete construdion of the project under
the approved plans and specification on or before December 6, 2023.
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.
Al Raymond III, AIA, CBO Moss.. Moses Mostaghasi
Director of Development Services
APPROVED AS TO FORM:
Buck Brice
Assistant City Attomey
for the City Attorney
(date)
General Partner
SECOND AMENDMENT OF PARTICIPATION AGREEMENT
This is an amendment to the Participation Agreementattached hereto as Exhibit A and made a part
hereof, Document number 20180538 , originally dated December 7: 2018 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 11.3 & 28 as follows:
Section 11 DEFAULT The following events shall constitute default:
3. Ownerfails to complete construction of the Roadway Extension, underthe approved plans and
specifications on or before December6, 2023.
Section 28 TERM. This Agreement becomes effective, is binding upon and inures to the benefit of the City
and the Developer from and after the date of the last signatory to this Agreement. This Agreement expires
on December 6, 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 INONEORIGINAL and made effective this day of .2021.
CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P.
Al Raymond III, AIA, CBO
Director of Development Services
APPROVED AS TO FORM:
Rink Rrice
Assistant City Attorney
for the City Attorney
(date)
Moss
General Partner
ostaghasi