HomeMy WebLinkAboutC2021-294 - 10/26/2021 - Approved 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 canstiudionof 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 12- day of f(iK't -L. ,2021.
CITY OF Co R'US CHRISTI MPM DEVELOPMENT, L.P.
1 Ai inWl
Al ay and III, AIA, CBO Moss Moses Mostaghasi
Direc or of development Services General Partner
APPROVED AS TO FORM:
r7 L, 10'7-1-1 ATTEST: 1111.�c=. A /A.
REBECCA HUERTA
Buck Brice (date) CITY SECRETARY
Assistant City Attorney
for the City Attorney
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CFCRFTARY CANNED
SECOND AMENDMENT OF PARTICIPATION AGREEMENT
This is an amendment to the Participation Agreement,attached hereto as Exhibit A and made a part
hereof, Document number20180538 ,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.Owner fails to complete construction of the Roadway Extension,underthe approved plans and
specifications on or before December 6,2023.
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 otherterms and conditions of the original agreement remain effective and in full force.
EXECUTED IN ONE ORIGINAL and made effective this [ 2. day of (\-104itttlt3te 2021.
CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P.
47/
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AI R.9' on./ Ill, AIA, CBO Moss.0ostaghasi
Direct. of Development Services General Partner
APPROVED AS TO FORM:
, ATTEST:
'' (�� 'O q REBECCA HUER A
Buck Brice (date)
CITY SECRETARY
Assistant City Attorney
for the City Attorney
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