HomeMy WebLinkAboutPO 6105: ICON BUILDERS, LLC 08/19/2010 t.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 09 -05
AS IT PERTAINS TO ICON BUILDERS, LLC P. O. No. 6105
WHEREAS, the City of Port Arthur entered into a Developer
Participation Contract with ICON Builders, LLC, pursuant to
Ordinance No. 02 -52 signed on October 15, 2002; and
WHEREAS, the City Council approved Resolution No. 05 -091,
authorizing the release of liens as it pertained to ICON
Builders, LLC for the development of 67 residential lots; and
WHEREAS, the City Manager was originally authorized to sign
release of liens to purchasers of lots that plan to build homes
on the condition that the purchaser complies with Section 4.23
of the deed restrictions which require the purchaser to commence
construction within three (3) years of the date of purchase and
to complete the construction within two (2) years of the
purchase; and
WHEREAS, the City Council approved Ordinance No. 05 -29 as
to release liens on twenty (20) lots without the contingency
language; and
WHEREAS, pursuant to Ordinance No. 06 -113, the City granted
an extension until December 31, 2015 to complete the project;
and
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WHEREAS, pursuant to Ordinance No. 07 -12, the City
authorized to City Manager to execute new release of liens
without the contingency language as to ten (10) additional lots,
for a total of thirty (30) lots; and
WHEREAS, pursuant to Ordinance No. 09 -05, the City provided
for the development of the subdivision, without such contingency
language, as to ten (10) more additional lots, for a total of
forty (40) lots; in addition to other changes such as the
construction of sidewalks, and
WHEREAS, there is a need to make changes to Section 3 of
pursuant to Ordinance No. 09 -05, concerning the construction of
sidewalks.
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 authorized to
execute new release of liens without the contingency language as
to ten (10) additional lots, for a total of forty (40) lots.
SECTION 3. That Section 3 of Ordinance No. 09 -05 is
herein amended to read as follows:
"That prior to a Release of Lien being signed, the
buyer will sign an agreement with the City to construct
a sidewalk on each lot being purchased (a copy of the
agreement is attached hereto as Exhibit "A")."
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SECTION 4. That the City will also require that a
sidewalk must be constructed subsequent to the construction of
each home in compliance with the standards set forth in the Code
of Ordinances. A certificate of occupancy will not be issued
until the sidewalk is built as required by the Code of
Ordinances.
SECTION 5. That if ICON defaults in building, or have
built by a third party prospective home buyers, fifty -six (56)
single family residences in Greenway Pointe Subdivision by
December 31, 2015, he will repay the City a pro -rata portion
(number of homes not completed /56) of $160,000 on January 1,
2016, with accrued interest at 2% per annum from the date that
he received said funds.
SECTION 6. That if the home purchasers do not complete
the homes by December 31, 2015, ICON Builders, LLC will still be
required to either purchase back the lots and complete
construction, or pay a pro -rata portion of $160,000 with
interest.
Section 7. That a duly authorized representative of ICON
Builders, LLC will sign this Ordinance agreeing to the terms
hereof.
Section 8. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of August, A.D.,
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2010 at a Meeting of the City Council of the City of Port Arthur,
Texas by the following votes:
AYES: MAYOR
COUNCILMEMBERS
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO TORN:
CI Y ATTORNEY
APPROVED TOR ADMINISTRATION:
CITY MANAGER
AGREED TO:
ICON BUILDERS, LLC
BY:
DATE:
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AGREEMENT FOR THE
INSTALLATION OF SIDEWALKS
NAME O T PURCHASER:
ADDRES
LEGAL DESCRIPTION or PROPERTY:
I, , am the purchaser of a lot
located at , Port Arthur, Texas. It
is my intention to build a home on the aforementioned lot.
I understand that it is a priority of the City of Port Arthur to
abide by the accessibility standards set forth in the Americans with
Disabilities Act. Therefore, subsequent to the construction of a
home, I agree to build a sidewalk at the residence in compliance with
the provisions set forth in the Code of Ordinances.
Purchaser
Date
ACKNOWLEDGMENT
THE STATE 0S TEXAS S
S
COUNTY OF JEFFERSON S
BEFORE ME, the undersigned Notary Public, on this day personally
appeared , known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he /she executed the same as the act and deed
for the purposes and considerations therein expressed, and in the
capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
, 20
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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