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Home My WebLink About18365 ORD - 07/31/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HIPP/HOLLAND DEVELOPMENT, BOLLER/BATES AND HERNDON PROPERTIES RELATING TO THE DEVELOPMENT OF AN OFFICE PARK IN LOTS 11C AND 11D, GARVIN SUBDIVISION, PROVIDING FOR THE DEFERRAL OF CONSTRUCTION OF OFFSITE STORM SEWER; REQUIRING A LETTER OF CREDIT FROM THE DEVELOPERS SECURING THE COST OF SUCH STORM SEWER CONSTRUCTION; AUTHORIZING THE FILING OF THE PLAT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an agreement with Hipp/Holland Development, Boller/Bates and Herndon Properties, A Joint Venture, relating to the development of an office park in Lots 11C and 11D, Garvin Subdivision providing for the deferral of construction of offsite storm sewer, a substantial copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That the developers provide a Letter of Credit securing the cost of such storm sewer construction. SECTION 3. That there is hereby authorized the filing of the plat. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect public property by expediting the execution of the abovementioned agreement, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 31st day of July, 1984. ATTEST: ,1 Secretary MAYOR THE CITYIT CORPUS CHRISTI, TEXAS APPROVED OF JULY, 1984 J. BRUCE C CK, CITY ATTORNEY 18365 MICROFILMED SEP 2 81984 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This Agreement is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and Hipp/Holland Development, Boller/Bates and Herndon Properties, A Joint Venture, hereinafter called "Developers", and pertains to deferral of storm sewer drainage improvements coincidental with the platting and development of Garvin Subdivision, Lots 11C and 11D. WHEREAS, the Developers are obligated by the Platting Ordinance, as an improvement required in connection with the platting of Garvin Subdivision, Lot 11D, to construct storm sewer drainage improvements as shown on Exhibit "B"; and WHEREAS, it is the desire of the Developers to defer the construction of such drainage improvements; NOW THEREFORE, the City and Developers agree as follows: 1) The Developers agree to finance and construct, or cause to be constructed, the required storm sewer drainage improvements, as shown on construction plans approved by the City Engineer on June. 1984, and as shown on Exhibit "B". Said construction shall be complete prior to requesting a building permit for construction on any portion of Lot 11D, Phase 2 as shown on Exhibit "A", or within two years from the date of this Agreement, whichever occurs first. 2) The Developers agree to submit a letter of credit in the amount of Thirteen Thousand Three Hundred Eighty-five and 90/100 Dollars ($13,385.90) as the estimated construction cost, including 75% engineering, for the installation of the offsite storm sewer improvements for Garvin Subdivision, Lot 11D, as shown on Exhibit "C".. 3) The City agrees to defer said storm sewer construction requirement for that portion of Garvin Subdivision, Lot 11D, Phase 2 as shown on Exhibit "A" until such time as the Developers request a building permit to construct on any portion of Lot 11D, phase 2 or for a maximum period of two years from the date of this Agreement. In any case, the City will not issue a building permit for Lot 11D, Phase 2 until said storm sewer improvements are complete and accepted by the City. In defering said storm sewer construction requirement, the City agrees to file the Plat of Garvin Subdivision, Lots 11C and 11D when the remaining requirements of the Plat have been met in accordance with the Platting Ordinance. 4) Should, for any reason, the storm sewer improvements not be constructed and complete prior to building construction on Lot 11D, Phase 2, or prior to two years from the date of this Agreement, the City shall have the sole right to draw upon the Letter of Credit for the purpose of constructing said storm sewer improvements shown on Exhibit B. 5) Upon completion and acceptance of said storm sewer construction by the Developers within the time limits referenced in Item 1 and 3 above, the City agrees to return the Letter of Credit to the Developers. Agreement - Garvin Subd. Lots 11C & 110 6) The Developers agree to indemnify the City against any claims arising as a result of this project. 7) Developers further agree, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the disclosure of Ownership Interests forms attached hereto and labeled Exhibit "D". This Agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicated have been executed by the City, and at least one duplicate has been executed by the Developers', this Agreement shall become effective and binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns, and shall constitute a covenant running with the land and such instrument shall be filed for record forthwith. EXECUTED in duplicate this day of , 1984. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: day of , 1984. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: DEVELOPERS By James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS X COUNTY OF NUECES X By Lon C. Hipp Hipp/Holland Development By William Bates Boller/Bates Development By Brent Herndon Herndon Properties This instrument was acknowledged before me on , 1984, by EDWARD A. MARTIN as City Manager of the City of Corpus Christi, Texas. Agreement - Garvin bots 11C & 11D Notary Public in and for the State of Texas THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 1984, by LON C. HIPP, Developer of Hipp/Holland Development a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 1984, by WILLIAM BATES, Developer of Boller/Bates Development a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS X COUNTY OF NUECES 1 This instrument was acknowledged before me on by BRENT HERNDON, Developer of Herndon Properties a Texas corporation, on behalf of said corporation. Agreement - Garvin Subd. Lots 11C & 11D Rage -3 of---}=' ---- - - - , 1984, 8 W CD tD 0 ° t0 S 28°40'40"W 264 12' S28°51'51 "W 155 54' S29°06.33''W 174.66' UE• —FD -5/8'1R ---T -FO-5/8'•IRT-- PHASE a = 6°26.41" R I I L =15.09•WI I r T = 9 40 5IS-28° 56'-08" w- -171 02•- 11 .0•UE ^f S61°06'20"E 27.00• 100 N 28°5 3'2 3"E 209.83' 8 0 N LOT W 0 N ID 0 LD 0 1 L OK rAl. um II CLOSED PER 1I ORDINANCE # 18085 Ir II II II II it II -- 5 U E — N 28°56'08"E 209.77° m I I NI = 203°3528" i R = 40 00' L = '42.13. I, LOT i I I D PHASE I i..r'i iii:• r U.E -,N; 01 S 28°56'08"WI 127.92 0 d kp L20. L_ 1 N61°05'° N28°44' I I ' E 92.79' IY7 V 0 0 ° (.0i— Z N28°4 2'51"E 82.06' CE SOUTH STAPLES! 100 200 GRAPHIC SCALE IN FEET TR:+^T 4 LOT .6 C LEGAL DESCRIPTION LOT IID GARVIN SUBDIVISION MAVERICK 1, ENGINEERING COMPANY V CORPUS CHRISTI, TEXAS SK ETCH TO SHOW PHASE 181 PHASE II DEVELOPMENT OF BROOKHOLLOW OFFICE PARK REV 0 DATE -30_ 84 SCALE A5 JOB NO 25, 286 x+/j1- /1Al,. &ARVIN 51.13171MoN ,L,6-r CFP/6E FAF"g) A‘ggiAg ro SE- ei7 a I-14 5002 _ ELLOR ROW P. 0. BOX 7747 CORPUS CHRISTI, TEXAS 78415 PHONE: (512) 854.0281 MAVERICK ENGINEERING 1 COMPANY GARVIN SUBDIVISION BROOKHOLLOW OFFICE PARK PHASE TWO PRELIMINARY CONSTRUCTION COST ESTIMATE Item Description No. 1. 24" Reinforced Concrete pipe, 6'-8' Cut 2. 24" Reinforced Concrete pipe, 8'-10' Cut 3. 24" Reinforced Concrete pipe, 10'-12' Cut 4. Standard Storm Sewer Manhole CORPORATE OFFICES: CORPUS CHRISTI, TEXAS BRANCHES: HOUSTON, TEXAS SAN ANTONIO, TEXAS CORPUS CHRISTI, TEXAS Estimated Unit Estimated Quantity Price Amount 190 L.F. 22.00 $ 4,180.00 170 L.F. 24.00 4,080.00 62 L.F. 26.00 1,612.00 2 EA. 900.00 1,800.00 5. Concrete Riprap Slope Protection 1 L.S. 700.00 700.00 6. Clearing Brush 0.10 Acre 800.00 80.00 TOTAL ESTIMATED STORM SEWER COST: 71 ENGINEERING $12,452.00 933.90 TOTAL $13,385.90 "e.." CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. 0 the question Is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or aver•the- counter markets may file a current Securities and Exchange Commission Form 10.K with the City in lieu of answering the questions below. See reserve side for definitions. FIRM NAME: - STREET: CITY• 7IP• FIRM Is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS if additional spools is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm.' Nome Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest' constituting 3:: or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee CERTIFICATE I certify that all information provided is true and correct os of the dote of this statement. that I have not knowingly withheld disclosure of ony information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: _ __Title• Signature of Certifying Person: • Corpus Christi, Te 51/4471 day of , 198' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR The above ordinance was passed Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik THE TY OF CORPUS CHRISTI, TEXAS y the following vote: 1E1365