HomeMy WebLinkAboutC2020-388 - 10/27/2020 - Approved TIRZ#5 DEVELOPMENT REIMBURSEMENT AGREEMENT- Bohemian Colony
This Development Reimbursement Agreement(the"Agreement")is entered into by and between the City
of Corpus Christi, Texas (the "City"), as the agent of the Reinvestment Zone Number 5, City of Corpus
Christi,Texas ("TIRZ#5"),and South Padre Investment, L.P.,formerly known as South Padre Investment,
Inc. (the"Developer").
Recitals
WHEREAS on August 18, 2020, the City Council of the City (the "City Council") approved Ordinance
032183,which established the TIRZ#5 in accordance with Texas Tax Code Chapter 311.TIRZ#5 promotes
economic development and stimulates business and commercial activity in the specified boundary near S
Padre Island Drive and Crosstown Expressway as laid out in the creation ordinance (the"Zone");
WHEREAS on October 27, 2020, the City Council approved a Project and Financing Plan (the "Plan") for
TIRZ#5;
WHEREAS the Board of Directors of TIRZ#5(the"Board")includes members appointed by City Council,as
well as representation from Nueces County and Del Mar College,who committed to contribute to TIRZ#5
through Interlocal Agreements created in 2020;
WHEREAS the Plan contained certain programs designed to improve conditions and increase commerce
within the Zone;
WHEREAS the Developer has proposed a development plan (the "Development") for the certain
improvements listed on attached Exhibit A (each, an "Improvement" and, collectively, the
"Improvements"), including specific eligible infrastructure improvements ("Eligible Infrastructure") as
listed in the attached Exhibit C. The Development and Improvements are to be constructed in phases
(each,a"Phase"and,collectively the"Phases")as defined in Exhibit A.Each Phase and associated Eligible
Infrastructure may be further divided into subphases("Subphase").The term Phase may also include such
Subphases. A Subphase is a defined portion of a Phase that includes a subset of the Improvements
identified in a particular Phase. Any Subphases will be identified in revisions to the Conceptual
Development Plan prior to any development of such Subphase. The Improvements are planned to be
constructed on the property located at the intersection of S Padre Island Drive and Crosstown Expressway,
with such property being more fully described on attached Exhibit B(the"Property");
WHEREAS,the Property is located within the Zone,and the Improvements fall within one of the programs
approved in the Plan;
WHEREAS,any reference to"City"or"City Staff,"is entirely in agency capacity for TIRZ#5,and further the
City as a home-rule municipal corporation is not a party to this agreement;
WHEREAS, any reference to "Contract Administrator" shall mean the City's Director of Finance and
Business Analysis,or designee,unless a different Contract Administrator is named by notice mailed to the
Developer in accordance with the Agreement; and
WHEREAS the Developer desires to be reimbursed for certain future costs incurred pursuant to the
Development, and TIRZ #5 desires to reimburse the Developer for these costs in accordance with this
Agreement;
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SCANNED
Agreement
Now therefore,in consideration of the mutual covenants and obligations,the parties agree as follows:
Section 1. Reimbursement Obligations.
The City shall reimburse the Developer from available TIRZ#5 funds in an amount up to the estimated
project cost listed next to the Eligible Infrastructure in attached Exhibit C(the"Eligible Infrastructure and
Estimated Project Costs"), except that (a)the total amount of all such reimbursements for Eligible
Infrastructure may not exceed$17,000,000.00 and(b)if the Developer actually incurs a cost for an Eligible
Infrastructure less than that Eligible Infrastructure's Estimated Project Cost, the City shall reimburse the
Developer for only the amount of the cost that the Developer actually incurred for that Eligible
Infrastructure. Based on qualifications of the Development, the Program reimbursement structure is as
follows:
(a) Beginning the first tax year for which the tax is levied after the Developer receives a recorded plat for
any Phase of the project (or a Certificate of Occupancy for any asset that requires it)from the City's
Development Services Department,the City shall reimburse annually up to 100%of the property tax
increment paid to the participating taxing entities in TIRZ #5, minus the administrative costs
reimbursed to the City for management of the TIRZ #5 and costs for the maintenance of the BoCo
Park, as defined by Exhibit A,for the term of the TIRZ#5.
(b) Each such payment shall be made no later than April 30th of each year, subject to the receipt of a
request for reimbursement in accordance with Section 2, receipt of the documentation specifically
required in this Section, and the Developer's compliance with all obligations in Section 2. Each year's
payment will be limited to the increment actually collected by all taxing entities on or before January
31'of that year. Each payment limited to the amount of Eligible Infrastructure assets that have been
inspected and accepted by the City in a recorded plat provided to the Contract Administrator along
with a request for reimbursement.The total maximum reimbursement for the Eligible Infrastructure
in each Phase or Subphase will be certified by the Contract Administrator at the time that
reimbursement is requested in accordance with Section 2 below. The amount of reimbursement is
limited to eligible Project Costs,which may include all costs related to the construction of the asset,
including permit fees, design and construction costs, and financial holding costs, including simple
interest (not to exceed five percent per annum), but not compound interest, beginning on the date
that the asset is accepted by the City and continuing until the full incentive has been distributed for
that asset. Reimbursement of financial holding costs in any year is subject to the Developer providing
documentation demonstrating that such amounts were actually paid by the Developer that year.
(c) City shall not make any reimbursement payments to Developer for Eligible Infrastructure in a Phase
or Subphase until the submission of an application to the City for the first building permit for that
Phase or Subphase, after the Eligible Infrastructure has been inspected and accepted by the City in a
recorded plat. The foregoing condition precedent shall not apply to reimbursement for any Eligible
Infrastructure associated with the park identified as "BoCo Park/Commons" under the Conceptual
Site Plan,except that no reimbursement will be made for that Eligible Infrastructure unless the Eligible
Infrastructure has been inspected and accepted by the City.
(d) Subject to force majeure in accordance with Section 8 of this Agreement,if the Developer stops work
on any Phase or Subphase of the Project for a period of more than four months after obtaining the
necessary permits,the City may suspend payment of reimbursements for Eligible Infrastructure in and
accrual of interest related to that Phase or Subphase until such time as construction of that Phase or
Subphase resumes.
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(e) After City has paid to Developer an amount equal to either the total amount that Developer expended
on eligible Project Costs for Eligible Infrastructure or $17,000,000.00 (minus the City's reasonable
costs for administration of the Zone and maintenance of the BoCo Park/Commons), whichever is
lowest, City shall have no further obligation to pay any amount to Developer.
(f) No interest shall accrue on any amount of unreimbursed Project Costs,and City shall not be obligated
to pay Developer any interest whatsoever under this Agreement except as provided in (b)above.
(g) The reimbursement under this Agreement is for either the time period provided in (a) above or the
amount of time required to reimburse the total required amount in accordance with(b)and(c)above,
whichever comes first.
Section 2. Developer Obligations.
(a) Developer agrees that the completed Improvements shall substantially conform to the Conceptual
Development Plan attached hereto as Exhibit A. Any amendments to the Conceptual Development
Plan must be submitted in writing to the City Manager, who may reasonably object to changes that
adjust the character of the Development.
(b) Commencement and Completion of Initial Phases. Developer shall obtain all permits from the City
and begin construction of the first Phase or Subphase of townhome development ("First Townhome
Phase") on or before April 30, 2022. Developer shall substantially complete the First Townhome
Phase, as evidenced by receipt of a Certificate of Occupancy ("C of 0") for a building or buildings
including not less than 71 units within the First Townhome Phase, on or before April 30, 2023.
Developer shall obtain all permits from the City and begin construction of the first Phase or Subphase
of commercial development ("First Commercial Phase") on or before December 31, 2025. Developer
shall receive a C of 0 for a building or buildings including not less than 50,000 square feet of gross
floor area within the First Commercial Phase, on or before December 31, 2026. If Developer fails to
meet any of the foregoing conditions, City may suspend payment of reimbursements for Eligible
Infrastructure and accrual of interest until such time as said condition is met,but such failure shall not
be an event of default under Section 12 of this Agreement.
(c) Development Progress. The following Improvements shall be completed, as evidenced by receipt of
a C of 0, on or before December 31, 2034: a) 500 townhome units; b) 600 multi-family units; and c)
300,000 square feet of gross floor area of commercial development. If the Improvements noted in
this paragraph are not completed on or before December 31, 2034, City may suspend payment of
reimbursements for Eligible Infrastructure and accrual of interest until such time as these
Improvements are complete. Failure to complete the aforementioned Improvements on or before
December 31, 2034 shall not be an event of default under Section 12 of this Agreement.
(d) Following the completion of any Improvements or portion of any Improvements for which the
Developer is eligible for reimbursement,the Developer shall submit a Request for Reimbursement to
the Contract Administrator for actual Project Costs, including:
(i.) C of 0 or recorded plat;
(ii.) specific improvements completed under the Project and the amount of money that Developer
paid for completion of such work and that Developer claims as actual Project Costs;
(iii.) supporting documents demonstrating that such amounts were actually paid by Developer,
including but not limited to invoices, receipts and final lien waivers signed by the general
contractor;
(e) Developer agrees that appropriate City Staff shall inspect the Improvements and certify that the
Improvements are complete, acceptable, and comport to the terms of this Agreement prior to the
submission of its Request for Reimbursement.
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(f) Developer shall submit a Request for Reimbursement form to be reviewed and approved by the
appropriate City staff,such approval not to be unreasonably withheld,conditioned or delayed.
(g) If the Developer fails to pay the required taxes on a lot or lots within the Property or files an appeal
to the Nueces County Appraisal District or any state or federal court of the assessed value of a lot or
lots within Property for ad valorem tax purposes,the City and TIRZ#5 shall be under no obligation to
make any payments from revenues generated by that lot or lots under this Agreement until such time
as the appeal is resolved and all taxes are paid in full. Any late fees, fines, or interest assessed as a
result of the failure to pay taxes or the appeal process shall not be reimbursed to the Developer under
this Agreement.
Section 3. Audit.
Developer, during normal business hours and with at least five business days prior notice, shall allow
designated City Staff reasonable access to inspect all financial and business records of Developer that
relate directly to the Improvements to the extent necessary to assist City Staff in verifying the Developer's
compliance with the terms and conditions of this Agreement. TIRZ#5 and the City shall have the right to
have these records audited,and shall maintain the confidentiality of these records to the extent permitted
under the Texas Government Code.
Section 4. Sales Tax Sourcing.
The Developer shall, except where not reasonably possible to do so without significant added expense,
substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, utilize,or
cause its contractors to utilize, Separated Building Materials and Labor Contracts for all taxable building
material contracts related to the Development in the amount of$100,000 or more,to site payment of the
sales tax on building materials for the Development to the Property.
Section 5. Maintenance of Property and Improvements.
Developer must maintain the area or areas of the Property, including any Improvements made to the
Property, that Developer owns in accordance with the City's Code of Ordinances for the entirety of the
time that the Developer owns that area or areas of the Property.
Maintenance of the BoCo Park, as defined in Exhibit A,will be funded by the TIRZ#5.
Section 6. Termination.
Except for any obligations that are specifically stated to survive beyond the final payment or termination
of the Agreement,this Agreement shall terminate upon the earlier of: 1) December 31, 2040;or 2)when
Developer has been fully reimbursed in accordance with Section 1(c)of this Agreement.
Section 7. Warranties.
Developer warrants and represents to City the following:
(a) Developer,if a corporation,partnership,or limited liability company,is duly organized,validly existing,
and in good standing under the laws of the State of Texas, and further has all corporate power and
authority to carry on its business as presently conducted in Corpus Christi,Texas.
(b) Developer has the authority to enter into and perform,and will perform,the terms of this Agreement.
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(c) Developer has timely filed and will timely file all local, State, and Federal tax reports and returns
required by law to be filed, and has timely paid and will timely pay all assessments, fees, and other
governmental charges, including applicable ad valorem taxes, during the term of this Agreement.
(d) If an audit determines that the request for funds was defective under the law or the terms of this
agreement, Developer agrees to reimburse the City for the sums of money not authorized by law or
this Agreement within 30 days of written notice from the City requesting reimbursement.
(e) The parties executing this Agreement on behalf of Developer are duly authorized to execute this
Agreement on behalf of Developer.
(f) Developer does not and agrees that it will not knowingly employ an undocumented worker. If, after
receiving payments under this Agreement,Developer is convicted of a violation under 8 U.S.C.Section
1324a(f), Developer shall repay the payments at the rate and according to the terms as specified by
City Ordinance,as amended, not later than the 120th day after the date Developer has been notified
of the violation.This obligation will survive the termination of this Agreement.
Section 8. Force Majeure.
If the City or Developer are prevented, wholly or in part, from fulfilling its obligations under this
Agreement by reason of any act of God,unavoidable accident,acts of enemies,fires,floods,governmental
restraint or regulation, pandemic, other causes of force majeure, or by reason of circumstances beyond
its control,then the obligations of the City or Developer are temporarily suspended during continuation
of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the
party affected shall promptly notify the other party in writing, giving full particulars of the force majeure
as soon as possible after the occurrence of the cause or causes relied upon.
Section 9. Assignment.
This Agreement is not assignable by any Party without the written consent of the non-assigning Parties.
However, Developer may assign this Agreement to a parent, subsidiary, affiliate entity or newly created
entity resulting from a merger, acquisition or other corporate restructure or reorganization of Developer
without City consent. In such cases, Developer shall give City no less than thirty (30) days prior written
notice of the assignment or other transfer. For assignments in which written consent from the City is
required,that consent shall not be unreasonably withheld,conditioned,or delayed.
Any and all future assignees must be bound by all terms and/or provisions and representations of this
Agreement as a condition of assignment. Any attempt to assign the Agreement without the notification
and subsequent consent of the City, if consent is required under this Section, shall be deemed an event
of default in accordance with the terms of Sections 11 and 12 herein. Any assignment of this Agreement
in violation of this Section and not cured in accordance with the terms of this Agreement,shall enable the
City to terminate this Agreement.
Any restrictions in this Agreement on the transfer or assignment of the Developer's interest in this
Agreement shall not apply to and shall not prevent the assignment of payments under this Agreement to
a lending institution or other provider of capital in order to obtain financing for the Project. In no event,
shall the City or TIRZ#5 be obligated in any way to said financial institution or other provider of capital.
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Section 10. Indemnity.
Developer covenants to fully indemnify, save, and hold harmless the TIRZ#5, the City,
their respective officers, employees, and agents ("Indemnitees") against all liability,
damage, loss, claims, demands, and actions of any kind on account of personal injuries
(including, without limiting the foregoing, workers'compensation and death claims), or
property loss or damage of any kind, which arise out of or are in any manner connected
with, or are claimed to arise out of or be in any manner connected with Developer
activities conducted under or incidental to this Agreement, including any injury, loss or
damage caused by the sole or contributory negligence of any or all of the Indemnitees.
Developer must, at its own expense, investigate all those claims and demands, attend
to their settlement or other disposition, defend all actions based on those claims and
demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and
all other cost and expenses of any kind arising from the liability, damage, loss, claims,
demands, or actions.
Section 11. Events of Default.
The following events constitute a default of this Agreement:
(a) Failure of Developer to timely, fully, and completely comply with any one or more of the
requirements,obligations,duties,terms, conditions,or warranties of this Agreement.
(b) TIRZ#5,the Board or City Staff determines that any representation or warranty on behalf of Developer
contained in this Agreement or in any financial statement,certificate, report,or opinion submitted to
the TIRZ #5 in connection with this Agreement was incorrect or misleading in any material respect
when made.
(c) Developer makes an assignment of this Agreement for the benefit of creditors,except as provided in
Section 9.
Section 12. Notice of Default.
Should the City determine that Developer is in default according to the terms of this Agreement,the City
shall notify Developer in writing of the event of default and provide 60 days from the date of the notice
("Cure Period") for Developer to cure the event of default. Notwithstanding the above, if such default
cannot be cured by reasonably diligent efforts within 60 days,then such occurrence shall not be a default
so long as Developer promptly initiates and diligently and continuously attempts to cure the same, even
if the same is not cured within the Cure Period.
Section 13. Results of Uncured Default.
If the City Manager determines the default has not been cured or an attempt to cure has not been initiated
within the Cure Period, the City Manager may terminate this Agreement and the following actions shall
be taken by the Parties:
(a) Developer shall immediately repay all funds paid from TIRZ#5 funds under this Agreement.
(b) Developer shall pay reasonable attorney fees and costs of court.
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(c) The City and TIRZ#5 shall have no further obligations to Developer under this Agreement.
(d) Neither the City nor the TIRZ#5 may be held liable for any consequential damages.
(e) The City and TIRZ#5 may pursue all remedies available under law.
Provided, however, that if the City Manager determines that the default has not been cured within the
Cure Period,the City Manager may elect to extend the Cure Period for a reasonable time.
Section 14. No Waiver.
(a) No waiver of any covenant or condition,or the breach of any covenant or condition of this Agreement,
constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement.
(b) No waiver of any covenant or condition,or the breach of any covenant or condition of this Agreement,
justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any
other covenant or condition of this Agreement.
(c) Any waiver or indulgence of Developer's default may not be considered an estoppel against the City
or TIRZ#5.
(d) It is expressly understood that if at any time Developer is in default in any of its conditions or
covenants of this Agreement, the failure on the part of the City to promptly avail itself of the rights
and remedies that the City may have,will not be considered a waiver on the part of the City, but City
may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account
of the default.
Section 15. Available Funds.
Developer specifically agrees that City and the TIRZ #5 shall only be liable to Developer for the actual
amount of the money due Developer under this Agreement from TIRZ#5 funds,and shall not be liable to
Developer for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of
court for any act of default by City or the TIRZ#5 under the terms of this Agreement. Payment by City is
strictly limited to the total amount of increment funds for TIRZ#5. City agrees that it shall not pledge or
expend any tax increment in a way that impairs its obligations under this Agreement.
Section 16. Notices.
Any required written notices shall be sent by certified mail, postage prepaid, addressed as follows:
Developer:
South Padre Island Investment, L.P. F/K/A South Padre Investment, Inc.
Attn: Roberto Santos Williams
1209 San Dario PMB 7-466
Laredo,TX 78040
With Copy To: Myron E. East,Jr.
Caldwell East and Finlayson PLLC
One Riverwalk Place
700 N. St. Mary's Street,Suite 1825
San Antonio,TX 78205
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City of Corpus Christi
Attn.: City Manager's Office
Tax Increment Reinvestment Zone#5
P.O. Box 9277
Corpus Christi,Texas 78469-9277
Notice is effective upon deposit in the United States mail in the manner provided above.
Section 17. Amendments or Modifications.
No amendments or modifications to this Agreement may be made, nor any provision waived, unless in
writing signed by a person duly authorized to sign agreements on behalf of each party.
Section 18. Captions.
The captions in this Agreement are for convenience only and are not a part of this Agreement. The
captions do not in any way limit or amplify the terms and provisions of this Agreement.
Section 19. Severability.
If for any reason,any section, paragraph,subdivision,clause,provision,phrase or word of this Agreement
or the application of this Agreement to any person or circumstance is,to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction,
then the remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal,invalid,or unenforceable,will not be affected
by the law or judgment, for it is the definite intent of the parties to this Agreement that every section,
paragraph,subdivision,clause, provision, phrase,or word of this Agreement be given full force and effect
for its purpose.
To the extent that any clause or provision is held illegal, invalid,or unenforceable under present or future
law effective during the term of this Agreement,then the remainder of this Agreement is not affected by
the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as
similar in terms to the illegal,invalid,or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable,will be added to this Agreement automatically.
Section 20. Venue.
Venue for any legal action related to this Agreement is in Nueces County,Texas.
Section 21. Sole Agreement.
This Agreement constitutes the sole agreement between City and Developer. Any prior agreements,
promises, negotiations, or representations,verbal or otherwise, not expressly stated in this Agreement,
are of no force and effect.
[Signature Page Follows]
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APPROVED AS TO FORM: Zgday of '6-c,- , 20Z0
1,4/14- a-au--/41-4-11
Assistant City Attorney
For City Attorney
By: �= ,z_�� , t4 '11 Q
Constance Sanchez
Chief Financial Officer
Date: /0 - 3 b a c o
City of Corpus Christi on behalf of Reinvestment Zone Number 5,City of Corpus Christi,Texas
Attest:
tn2.ox- a-0 AUTHORILte
By: f": .1.-Lte,r_ZAft----iAX,VfkIU' ,
SY COUNCIL a 1 02O
Rebecca Huerta
City Secretary SECRETARY s iL
Developer
South Padre Investment, LP,f/k/a South Padre Investment, Inc.,
a Texas Limited Partnership
By Donore Investment, Inc.,
a Texas Corporation, its General Partner
By cz:Cr
Roberto Santos Williams,Vice President
of Real Estate &Authorized Signatory
Date: October 28th,2020
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Exhibit A—Development Plan
Exhibit B—Property Description
Exhibit C—Eligible Infrastructure and Estimated Project Costs
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Exhibit A—Conceptual Development Plan
The Project will be a master planned development that will include the construction of public
infrastructure to support the development of a mixed use project, which is anticipated to include
approximately 777 townhomes, 999 multifamily units, and 450,000 square feet of commercial space.
These are estimated based on market conditions at the time of the execution of this Agreement and are
subject to change, except that the Developer must construct a minimum of 500 townhome units, 600
apartment units, and 300,000 square feet of commercial space, as listed in the Agreement. The Project
will be known as Bohemian Colony("BoCo").The commercial space is anticipated to be located as follows:
approximately 275,000 square feet within the BoCo master planned community and approximately
175,000 square feet on the Ayers tract. The estimated taxable value of the project over 20 years is
approximately$321,000,000.
Project Phases
The Project will be constructed in Phases as defined below(and depicted in the images provided).All
construction dates,square footage and number of units included in the descriptions of the Phases are
estimates only and included for illustrative purpose, except that the minimum number of units and
square footage listed above will be constructed over the course of the Project.The phases may be
completed in any order,and may be built in subphases.
Townhome Phase I—a 19-acre townhome development, including 142 units.Construction of
Townhome Phase I is expected to begin in the first month following approval of this Agreement.
Townhome Phase II—a 19-acre townhome development, including 145 units.Construction of
Townhome Phase II is expected to begin in the 29th month following approval of this Agreement.
Multifamily Phase I—a 28-acre multifamily development, including 500 units. Construction of
Multifamily Phase I is expected to begin in the 41'month following approval of this Agreement.
Townhome Phase III—a 57-acre townhome development, including 490 units.Construction of
Townhome Phase III is expected to begin in the 57th month following approval of this Agreement.
Business/Commercial—450,000 sq.ft. business and commercial development that is split across two
locations: 275,000 square feet within the BoCo master planned community and 175,000 square feet on
the Ayers tract,which is across Crosstown Expressway from the BoCo masterplan.Construction of the
business and commercial space is expected to begin in the 60th month following approval of this
Agreement. May be completed before or after the BoCo Park.
BoCo Park—a 10-acre public park also referred to as the Commons in the image below.The park will be
constructed in accordance with designs approved by the City and including all features common to parks
of this sort within the City. Construction of the BoCo Park is expected to begin in the 60th month
following approval of this Agreement. May be completed before or after the Business/Commercial
Phase.
Multifamily Phase II—a 26-acre multifamily development, including 500 units.Construction of
Multifamily Phase II is expected to begin in the 72' month following approval of this Agreement.
11
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13
Exhibit B—Property Description
NCAD GEO ID PROPERTY DESCRIPTION LOCATION ACRES
0847-0004-0053 BOHEMIAN COLONY LANDS 144.452 ACS OUT GREENWOOD DR @ 144.45
OF LTS 5&6 SEC 4 HOLLY RD
4398-0009-0010 LEXINGTON CENTER 9.73 ACS OUT LT 1 BLK 9 5333 AYERS ST 9.73
(W OF ROW)
0847-0004-0034 BOHEMIAN COLONY LANDS 62.51 ACS OUT CROSSTOWN 62.51
LTS 3&4 SEC 4(W OF ROW) EXTENSION @ HOLLY RD
0847-0004-0039 BOHEMIAN COLONY LANDS 2.37 ACS OUT LTS 2.37
3 &4 SEC 4(W OF ROW)
0847-0004-0038 BOHEMIAN COLONY LANDS 29.4423 ACS OUT CROSSTOWN 29.44
LTS 3&4 SEC 4(E OF RR) EXTENSION &AYERS ST
0847-0004-0041 BOHEMIAN COLONY LANDS .30 ACS OUT LTS 3 0.30
&4 SEC 4 (E OF RR)
Metes and bounds begin on next page.
14
Enna• '?
r ' - Job No. 19925.9101
■N RRAN April 30, 1991
-� • ENGINEERING VOL 2336 PAGE 68
01211854-3101 P.O.BOX 6368•CORPUS CHRISTL TEXAS 78466.6355 FAX(512)8546001
STATE OF TEXAS
COUNTY OF NUECES
Fieidnotes far a 32.81 acre tract of land out of Lots 3 and 4, Section 4,
Bohemian Colony Lands, a wap of uhich is recorded in Volume A, Pace 48, Map
Records of Nueces County, Texas;
8EGINNINO at a 5/8 Inch iron rod met on the the west right-of-way line of
State Highway No. 286 (Ayers Street) far the southeast corner of a 2.11 acre
tract of land conveyed to the City of Corpus Christi and recorded In Volume
2175, Page 829, Mao Records of Women County, Texas and for the northeast
corner of this survey;
THENCE South 26.02'25" West, with the west right-of-way line of State
Highway No. 288, parallel with its centerline and 58.00 feet distant
therefrom, measured at right angles thereto, 1527.98 feet to a SIB inch iron
rad found for a corner of a 25.84 acre tract of land conveyed to the State of
Texas for the proposed Crosstown Extension and recorded in Volume 2216, Pace
884 of said Deed Records, and for the southeast corner of this survey, from
which corner o 5/8 inch iron rod found bears South 291'02'29" West 75.17 feet;
THENCE South 73"48'E0" West, with the easterly boundary line of said
25.84 acre tract, 71.05 feet to 6/8 inch iron rad set for a corner of said
25.84 acre tract and of this survey;
4
THENCE North 81'Z3'53" West, along the easterly line of said 25.84 acre
tract, parallel with the centerline of the Naval Air Station Railroad
right-of-way which is also the south boundary of said Lot 4, Section 4 and
120.00 feet distant therefrom. measured at right angles thereto, 797.34 feet
to a 5/8 inch iron rod set for corner of said 25.84 acre tract and a corner
of this survey;
THENCE North 16'34'55" Nest, with the east lino of said 25.84 acre tract,
70.82 feet to a 9/8 inch iron rod sot for a corner of said 25.84 acro tract
and the southwest corner of this survey;
THENCE North 28'18'00' East. with the east line of said 25.84 acre tract,
1527.67 feet to a 5/8 inch iron rod set for the southwest corner of the
aforementioned 2.11 acre tract and far the northwest corner of this survey;
THENCE South 81'29'45" East. with the south Line of said 2.11 acre tract.
917.17 feet to the POINT OF BEGINNING.
• �P�ah pF�?s\ URBAN ENGINEERING
G *
JUAN JOSE SALAZAR ic-.t . 1Ocoti
,19A9a909 � ��� JUAN J. SALAZAR, R.P.L.S.
• �•'��sva�ti�-
2725 SWAN INER DR.•CORPUS CHRISTI.TEXAS 784D4
Li URBAN Revised:October 18,2006
September 1,2006
ENGINEERING Job No.19925.A6.00
State of Texas
County of Nueces
Field Notes 219.067 acre tract of land out of Lots 3,4,5 and 6,Section 4,Bohemian Colony Lands,a map of
which is recorded in Volume A,Page 48,Map Records of Nueces County,Texas,and a portion of Lot 1,Block 9,
Lexington Center,a map of which is recorded in Volume 36,Page 42,Map Records of Nueces County,Texas,said 219.067
acre tract being more fully described by metes and bounds as follows:
Beginning at a 5/8 inch iron rod with a red plastic cap stamped"Urban Engr C.C.TX"set at the intersection of the
southeast boundary of Greenwood Drive,a 120.00 feet wide public roadway,and the common boundary between Lot 6 and
7,said Section 4,for the north corner of this tract;
Thence,South 61°30'02"East(record=South 61°30'02"East),with the southwest boundary of a 26.335 acre
Texas Department of Transportation tract,of Lot 4,Block 1,S.P.I.C.E.Plaza(Volume 58,Pages 166 and 167,Map
Records of Nueces County,Texas),of Silverberry Drive,60 foot wide public roadway,of Lot 11,Block 3, ,S.P.I.C.E.
Plaza(Volume 61,Page 44,Map Records of Nueces County,Texas),same being the northeast boundary of said Lot 6,
Section 4,Bohemian Colony Lands and the northeast boundary of this tract,a distance of 2,581.55 feet to a 5/8 inch iron
rod found for a corner of this tract;
Thence,South 61°27'34"East,with the southwest boundary of said lot 11,Block 3,S.P.I.C.E.Plaza and of a
2.698 acre tract in the name of J.S.Clark and Deanna Ericson,same being the northeast boundary of said Lot 3,Section 4,
Bohemian Colony Lands and of this tract,a distance of 737.37 feet(record=737.10 feet)to a 5/8 inch iron rod found for the
north corner of a City of Corpus Christi lift station site and for a corner of this tract;
Thence,South 28°59'36"West(record=South 29°03'20"West),with the northwest boundary of said lift station
site,same being the northeast boundary of this tract,a distance of 39.73 feet(record=40.00 feet)to a 5/8 inch iron rod with
a red plastic cap stamped"Urban Engr C.C.TX"set for the west corner of said lift station site and for an interior corner of
this tract;
Thence,South 61°10'00"East,with the southwest boundary of said lift station site,same being the northeast
boundary of this tract,at 3.50 feet pass the northwest boundary of said Lot 1,Block 9,Lexington Center,in all a total
distance of 32.75 feet to a 5/8 inch iron rod with a red plastic cap stamped"Urban Engr C.C.TX"set for the south corner of
said lift station site and for an interior corner of this tract;
Thence,North 28°24'57"East(record=North 29°03'20"East),with the southeast boundary of said lift station site,
same being the northeast boundary of said Lot 1,Block 9,Lexington Center and of this tract,a distance of 15.28 feet
(Plat=15.00 feet)to a 5/8 inch iron rod found for an interior corner of said lift station site and of this tract;
Thence,South 61°10'00"East(record=South 61°29'45"East),with the southwest boundary of said lift station site,
same being the northeast boundary of said Lot 1,Block 9,Lexington Center and of this tract,a distance of 424.11 feet to a
5/8 inch iron rod with a red plastic cap stamped"Urban Engr C.C.TX"set on the northwest boundary of State Highway
286,a public roadway,for the east corner of this tract,being the point of curvature of a non-tangent curve to the right,
whose radius point bears North 77°30'04"West(record—North 77°34'04"West),a distance of 1,600 feet,and having a
central angle of09°48'58"(record=09°53'46"),a radius of 1,600 feet,a tangent length of 137.40 feet(record=135.52 feet),
and an arc length of 274.12 feet(record=276.35 feet);
Thence,along said non-tangent curve to the right,same being the northwest boundary of said State Highway 286,
and the southeast boundary of this tract,an arc length of 274.12 feet(record=276.35 feet)to a concrete monument with
brass disc found for the end of this curve and for the beginning of another circular curve to the right whose radius point
bears North 67°40'50"West(record=North 67°40'15"West)2350.00 feet and having a central angle of 05°59'50"
(record=05°59'15"),a radius of 2350.00 feet,a tangent distance of 123.10 feet(record=122.90 feet)and an arc length of
245.97 feet(record=245.57 feet);
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
S:\Surveying\19925\A6001FN219ac.doc mailtturboneng.com Page I of 3
16
September 1,2006
Job No.19925.A6.00
219.067 Acre Tract
Thence,with said circular curve to the right,continuing along the northwest boundary of State Highway 286,
same being the southeast boundary of this tract,an arc length of 245.97 feet(record=245.57 feet);
Thence,South 28°19'00"West,along the northwest boundary of said State Highway 286,same being the
southeast boundary of this tract,a distance of 1928.98 feet(record-1928.45 feet)to a concrete monument with brass disc
found for a corner of this tract;
Thence,South 73°26'38"West(Record=South 73°25'05"West),with the northwest flared right-of-way of Stat
Highway 286,same being the southeast boundary of this tract,a distance of 70.49 feet(record=70.60 feet)to a concrete
monument with brass disc found on the northeast boundary of Holly Drive,a public roadway,for the south corner of this
tract;
Thence,North 61°28'34"West,along the northeast boundary of said Holy Road,parallel with the centerline of
said Holly Road and 80.00 feet distant there from,measured at right angles thereto,a distance of 450.25 feet
(record=450.00 feet)to a concrete monument with brass disc found for a comer of this tract,from which corner another
found concrete monument with brass disc bears North 28°32'45"East 49.98 feet;
Thence,South 28°31'10"West,continuing along the northeast boundary of said Holly Road,same being the
southwest boundary of this tract,a distance of 60.00 feet to a 5/8 inch iron rod with red plastic cap stamped"Urban Engr
C.C.TX"set for a corner of this tract;
Thence,North 61°29'48"West(record=North 61°28'50"West),continuing along the southwest boundary of this
tract,same being the northwest boundary of said Holly Road,parallel with its centerline and 20.00 feet there from,
measured at right angles thereto,a distance of 790.71 feet to a 5/8 inch iron rod with a red plastic cap stamped"Urban Engr
C.C.TX"set on the common boundary of said Lots 4 and 5,Section 4,Bohemian Colony Lands for the south corner of a
3.00 acre tract in the name of James B.Ragan and for a corner of this tract;
Thence,North 29°02'32"East(record=North 29°03'30"East),along the common boundary of said Lots 4 and 5,
same being the southeast boundary of the above mentioned 3.00 acre tract and the southwest boundary of this tract,a
distance of 261.70 feet(record=261.32 feet)to a 5/8 inch iron found for the east corner of said 3.00 acre tract and for an
interior corner of this tract;
Thence,North 61°27'03"West(record—North 61°26'40"West),along the northeast boundary of said 3.0 acre
tract,of Tracts A thru E,Holly Road Industrial Tract,a map of which is recorded in Volume 28,Page 40,Map Records of
Nueces County,Texas and of Lot 1,Block 2, Holly Road Industrial Tract,a map of which is recorded in Volume 61,Page
182,Map Records of Nueces County,Texas,same being the southwest boundary of this tract,a distance of 1,333.75 feet
(record=1,333.58 feet)to a 5/8 inch iron rod found for the north corner of said Lot 1,Block 2,Holly Road Industrial Tract
and for an interior corner of this tract;
Thence,South 29°03'17"West(record=South 29°06'00"West),along the northwest boundary of said Lot I,
Block 2,same being the southwest boundary of this tract,at 261.99 feet pass a found 1 inch iron pipe,in all a total distance
of 262.76 feet(record=262.16 feet)to a 5/8 inch iron rod with a red plastic cap stamped"Urban Engr C.C.TX"set on the
northeast boundary of said Holly Road for a corner of this tract;
Thence,North 61°29'48"West(record=North 61°28'50"West),along the southwest boundary of this tract,same
being the northeast boundary of said Holly Road,parallel with its centerline and 20.00 feet there from,measured at right
angles thereto,a distance of 929.01 feet(record=929.40 feet)to a 5/8 inch iron rod found for a corner of this tract;
Thence,North 55°47'22"West(record=North 55°46'12"),continuing along the northeast boundary of said Holly
Road,same being the southwest boundary of this tract,a distance of 100.50 feet to a 5/8 inch iron rod with a red plastic cap
stamped"Urban Engr C.C.TX"set for a corner of this tract;
Thence,North 61°29'48"West(record=North 61028'50"West),continuing along the northeast boundary of said
Holly Road,same being the southwest boundary of this tract,a distance of 200.00 feet to a 5/8 inch iron rod with a red
plastic cap stamped"Urban Engr C.C.TX"set for a corner of this tract;
S:1Surveying1199251A600WN219ac.doc Page 2 of 3
17
September 1,2006
Job No.19925.A6.00
219.067 Acre Tract
Thence,North 08°23'50"West(record=North 09°38'31"West),continuing along the northeast boundary of said
Holly Road,same being the southwest boundary of this tract,a distance of 3126 feet(record=31.79 feet)to a 5/8 inch iron
rod with a red plastic cap stamped"Urban Engr C.C.TX"set on the southeast boundary of said Greenwood Drive,for the
west corner of this tract,from which corner a found concrete monument with brass disc bears South 289°03'08"West
10.82 feet,thence South 60056"32"East 0.75 feet;
Thence,North 29°03'08"East(record=North 29°06'10"East),along the southeast boundary of said Greenwood
Drive,same being the northwest boundary of this tract,a distance of 2,545.35(record=2,545.89 feet)to the Point of
Beginning and containing 219.067 acres of land.
Bearings based on the northwest boundary of State Highway 281,as monumented on the ground and shown as
South 28°19'00"West.
Unless this Fieldnotes Description,including preamble,seal and signature,appears in its entirety,in its original
form,surveyor assumes no responsibility for its accuracy.
Urban Engineering
o v� .A FTF ted'; 11...., I !
cict' 4o \\ Ju�n J.Salazar,
License No.4909
< JUAN JOSE SALAZAR >'
\\Eng2\Data\Surveying\19925\A600WN219ac.doe Page 3 of 3
18
Exhibit C—Eligible Infrastructure and Estimated Project Costs
Eligible Infrastructure Cost
Existing Silverberry Drive to Greenwood Drive $724,500
Future Coastal Crosstown Drive $1,294,900
Main East/West Access Drive Greenwood to Roundabout $2,290,800
Main North/South Access Drive to Holly Road $2,691,000
Roundabout to S.H. 286 Access Road $1,431,750
Roundabout $258,750
Park Development Cost $3,100,000
Total Project Cost $11,791,700
Additional Allowable Amount(including holding costs) $5,208,300
Total Maximum Reimbursable Amount $17,000,001
Roadway Improvements—Detailed Cost Estimates
Estimated
Eligible Infrastructure Quantity Unit Price Cost
Existing Silverberry Drive to Greenwood Drive
Roadway Improvements(Paving,Curbs&Sidewalk) 2,100 $225 $472,500
Minor Drainage Extensions&Utility Stubouts 2,100 $75 $157,500
15%Contingency&Design $94,500
Total $724,500
Future Coastal Crosstown Drive
Roadway Improvements 1,700 $430 $731,000
Drainage Addition off Existing Line 1 $60,000 $60,000
Sanitary Sewer 500 $100 $50,000
Water Line&Hydrants 1,700 $50 $85,000
Lift Station Rehabilitation 1 $200,000 $200,000
15%Contingency&Design $168,900
Total $1,294,900
Main East/West Access Drive Greenwood to
Roundabout
Roadway Improvements 2,400 $430 $1,032,000
Drainage 2,400 $250 $600,000
Sanitary Sewer 2,400 $100 $240,000
15%Contingency&Design 2,400 $50 $120,000
Total $298,800
$2,290,800
Main North/South Access Drive to Holly Road
Roadway Improvements 2,600 $500 $1,300,000
' Drainage 2,600 $250 $650,000
19
Sanitary Sewer 2,600 $100 $260,000
Water Line and Hydrants 2,600 $50 $130,000
15%Contingency&Design _ $351,000
Total $2,691,000
Roundabout to S.H.286 Access Road
Roadway Improvements 1500 $430 $645,000
Drainage 1500 $250 $375,000
Sanitary Sewer 1500 $100 $150,000
Water Line and Hydrants 1500 $50 $75,000
15%Contingency&Design _ $186,750
Total $1,431,750
Roundabout Quantity
Roadway _ 450 500 $225,000
15%Contingency&Design $33,750
Total $258,750
Estimated Total Cost $8,691,700
20