HomeMy WebLinkAboutResolution - 2004-R0467 - Resolution Amending Development Agreements Authorized By Prior Resolutions - 09_28_2004Resolution No. 2004-RO467
September 28, 2004
Item No. 21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
WHEREAS, pursuant to Resolution Nos. 2004-R0437, 2004-R0438, 2004-
R0439, 2004-R0440, 2004-R0441, 2004-R0442, 2004-R0443, and 2004-RO444 (the
"Prior Resolutions"), the City Council of the City of Lubbock authorized the Mayor of
the City of Lubbock to execute Development Agreements with the majority of the
respective Developers neighboring the Milwaukee Avenue Paving Project from 34" to
92nd Streets; and
WHEREAS, the Prior Resolutions contain a condition precedent to the City's
execution of said Development Agreements, being the execution and delivery of, on or
before September 27, 2004, Development Agreements to the City of Lubbock, in the
same form as the Development Agreements attached to the Prior Resolutions, by,
among other interests, Christian City View Fellowship; and
WHEREAS, the City of Lubbock has determined that the execution and delivery
of the Development Agreement by Christian City View Fellowship is no longer
necessary for the Milwaukee Avenue Paving Project and that the execution and delivery
of the Development Agreement by Christian City View Fellowship should no longer be
a condition precedent for the City's execution of the Development Agreements
authorized by the Prior Resolutions; and
WHEREAS, the Prior Resolutions, and the Development Agreements
conditionally accepted by the Prior Resolutions, are in need of amendment in regard to
(i) the due date of the Development Agreement by Hub West Development , L.P. ; and
(ii) the due date of the tender of cash or letter of credit for the Estimated Amount (as
defined in the Development Agreements); NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock, Texas, hereby amends Resolution Nos. 2004-
R0437, 2004-R0438, 2004-R0439, 2004-R0440, 2004-R0441, 2004-R0442, 2004-
R0443 , and 2004-RO444 :
1. To delete as a condition precedent to the execution of the
Development Agreements authorized by the Prior Resolutions,
the execution and delivery of, on or before September 27, 2004,
a Development Agreement by Christian City View Fellowship;
2. To provide a due date of October 13, 2004 for the execution and
delivery to the City of Lubbock of the Development Agreement
by Hub West Development, L.P.; and
3. To amend Section 1.01 of the Development Agreements
conditionally accepted by the City by the Prior Resolutions, be
amended to require cash payment or letter of credit regarding the
Estimated Amount on or before October 15, 2004.
Passed by the City Council this 28th day of September -, , 2004.
MAYOR
ATTEST:
Q1-e -r -" '. hr, --� �—
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Craig Fafm6r
Director of Planning and Transportation
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
ke/ccdocs/PavingMi lwaukee. ContingentRemoved. res2
September 28, 2004