HomeMy WebLinkAboutPO 5877: LAR PROPERTIES - DELAY IN CONSTRUCTION DATEinteroffice _ ,
MEMORP,.NDUM .~
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~'~~„ ~-~rfpJ
Date: April 17, 2008
Subject: P. O. No. 5877; Council Meeting April 22, 2008 -
Attached. is P. O. No. 5877 authorizing a delay in the
commencement of the construction date for LAR Properties, L. C. and
authorizinq_ the execution of Amendment No. 1 to the Developer
Fa:'t~.ci^;;.'~.:'o;.-_ contract with LAR Properties,~L. C. (Requested by the
Ci~y i~anayerj .
MTS:ts
Attachment.
a
cc: J. Michael Rebescher -
LAR PROPERTIES, L. C.
z.po58"]7 memo
P. 0. No 5877
04/16'/08 ts'
ORDINANCE NO. ~ '
AN ORDINANCE AUTHORIZING AN"EXTENSION AS TO
THE COMMENCEMENT DATE OF THE CONSTRUCTION FOR
LAR PROPERTIES, L. C. AND AUTHORIZING THE
EXECUTION OF AMENDMENT N0. 1 (REQUESTED BY THE
CITY MANAGER)
WHEREAS, per Ordinance No. 08-38, the City entered. into a
Developer Participation Contract with LAR Properties, L. C. ;. and
WHEREAS, LAR Properties, L. C. originally had a commencement
date of May 19, 20098 and
WHEREAS, LAR Properties, L. C. is now .requesting an extension
as to the commencement date to August 1, 2008; and
.WHEREAS, it is deemed in the public interest to authorize the
commencement of the construction to.Auguat 1, 2005.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in-the preamble.
are true and correct.
Section 2. That the City Manager~is herein authorized
to grant an extension of the commencement date for construction
to LAR Properties, L. C., to be August 1, 2008, in substantially
the same form as an Amendment No. 1, attached hereto as Exhibit
„A„
Section 3. That a copy of the caption of ,this Ordinance
be spread upon the Mihutes of the City Council.
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Section 4. That this being an Ordinance amending an
Ordinance which does not carry a penalty, and does not require
publication, it shall take effect immediately from and after its
passage.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by-the following vote:
AYES: Mayor ~
City Council
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
~,~ ~.~,w
CITY ATTORNEY ,
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.po5877
EXHIBIT °iA"
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
° AMENDMENT N0. 1
TO THE DEVELOPER PARTICIPATION CONTRACT
WITH LAR PROPERTIES, L.C.
i
WHEREAS, the City .of ,Port Arthur and LAR Properties, L.C.
entered into Developer~Participation Contract pursuant to
Sections 212.071 to 212.074 Local Government Code, V.T.C.A.; and
WHEREAS, the parties desire to amend Section 3 of the
agreement; and.
NOW THEREFORE, the City of Port. Arthur and LAR Properties,
L.C. agree that Section 3 of the agreement is amended as
follows:
^"Section 3: On or before P August 1, 2008, the
developer will immediately commence construction and immediately
clear and~grub.the-site. The developer,wi'll also `take such
action as to maintain the progress of the construction without
delay and stoppages."
z.lar developer participation contract amendment
i
SIGNED AND AGREED TO on this the day of
2008.
LAR PROPERTIES, L.C. .
By: `
(Printed Name) .
ACRNOWLEDGMENT
STATE OF TEXAS §
§ •
COUNTY OF § _ ~ .
• BEFORE ME, the undersigned Notary Public, on this day,
personally appeared known to me to be the person
whose name is described in the foregoing instrument, and.
acknowledged to me that he/she executed the same as the act and
deed of LAR Properties, L.C., for~the purposes and
considerations therein expressed, and the capacities therein --
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of~
,• 2008.
Notary Public, State of Texas
z.lar_developer participation contract amendment
_ - z
SIGNED AND AGREED TO on this the day of
' 2008.
_ _ CITY OF PORT ARTHUR
By:
STEPHEN FITZGIBBONS, CITY MANAGER
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON § '
BEFORE ME, the undersigned Notary Public, on this day,
personally appeared Stephen Fitzgibbons, City Manager, known to
me,to be the person whose name is described in the foregoing
instrument, and acknowledged to me that he/she ,executed the same
as the act and deed of the City of Port Arthur, for the purposes
and considerations .therein expressed, and the capacities therein
stated.
GIVEN UNDER MY-,HAND .AND SEAL OF OFFICE, this .t he day
of 2008. <
Notary Public, State of Texas
z.lar_developer participation contract amendment
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