HomeMy WebLinkAbout021958 ORD - 06/14/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PARTICIPATION AGREEMENT WITH BRASELTON LAND
VENTURE, INC. RELATIVE TO THE IMPROVEMENTS TO EVERHART
ROAD ADJACENT TO THE VILLAGE AT THE LAKES DEVELOPMENT;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Authorizing the City Manager, or his designee, to execute a
Participation Agreement with Braselton Land Venture, Inc. relative to the improvements
to Everhart Road adjacent to the Village at the Lakes development and declaring an
emergency a copy of which is on file with the City Secretary's office.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such finding of
an emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordnance is
passed a shall take effect uponfirst reading as an emergency this the 1 L �- day of
Witt , 19Q .
Al LEST:
MAYOR
THE CITY OF
APPROVED: 14 DAY OF ,Ap , 19 qf-
JAMES R. BRAY JR., CITY ATTORNEY
•
By _Al(k.1.1zyl keeetaic r
Alison Gallawa v
Assistant City Attorney
AG5000.511.abr
95R
PUS CHRISTI
PARTICIPATION AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This agreement is made by and between the City of Corpus Christi (City) and
Braselton Land Venture, Inc. (Developer).
WHEREAS, Developer has proposed a residential subdivision known as Village at
the Lakes, a 25 -acre tract out of Lots 1, 2, 15, and 16, Section 6, Flour Bluff and Encinal
Farm and Garden Tracts; and
WHEREAS, Developer has, in compliance with the provisions of the City Platting
Ordinance, submitted a preliminary plat of said subdivision which has received approval
from the City Planning Commission; and
WHEREAS, Developer, in compliance with the City's Platting Ordinance, will be
required to dedicate right-of-way for Everhart Road and to improve Everhart Road to the
minimum standards required by the Platting Ordinance; at the time of final platting of the
various units of the subdivision which abut Everhart Road; and
WHEREAS, the City desires a pavement section be constructed which exceeds the
minimum street section required by the Platting Ordinance; and
WHEREAS, the City and Developer entered into a Participation Agreement (as
approved by the City Council by Motion No. M93-080, passed March 9, 1993) relating to
the improvements to Everhart Road adjacent to Village at the Lakes Unit 1; and
WHEREAS, the City desires that the improvements to Everhart Road be completed
as quickly as possible along the remainder of the Village at the Lakes frontage (470.3 feet
more or less), all of said proposed street right-of-way is currently owned by Developer,
in order to provide a uniform pavement width of Everhart Road to enhance the traffic
capacity and enhance the safety to the travelling public; and
WHEREAS, the Developer is willing to construct the desired pavement section
within the limits desired by the City;
NOW, THEREFORE, in order to provide a coordinated street construction project,
the City and Developer agree as follows:
1. The Developer will construct street improvements along Everhart Road
abutting the remainder of the proposed Village at the Lakes Subdivision as
Participation Agreement - Everhart Road
Braselton Land Venture, Inc.
Page 1 of 4
shown on Exhibit 'A' in conjunction with the construction of the Village at
the Lakes, Unit 2 Subdivision. The Everhart Road improvements will
complete the 62 -foot wide street as contemplated by the City's Urban
Transportation Plan. The improvements will be constructed in accordance
with plans and specifications approved by the City Engineer. This
agreement shall be null and void should the subdivision construction
authorized by the approved plans and specifications not be completed
within the time limits specified in the City's Platting Ordinance or if not
constructed per the approved plans and specifications; the construction will
then be contracted for and financed completely by the Developer.
2. The total estimated cost of the Everhart Road improvements with the
pavement section desired by the City (four inches of hot mix asphaltic
concrete, eight inches of caliche base, and six inches of lime stabilized
subgrade) is $56,200. The estimated cost of the improvements to the
minimum standards of the Platting Ordinance (two inches of hot mix
asphaltic concrete, six inches of caliche base, and eight inches of lime
stabilized subgrade) is $36,800, which is the Developers share.
3. The City agrees to provide the funds necessary to construct the Everhart
Road improvements (estimated at $56,200) to the Developer at the time of
approval of the plans and specifications and delivery of a Performance
Bond from a surety authorized to do business in the State of Texas in the
amount of $56,200, which guarantees completion of the work.
4. For purposes of this agreement, the City's share of the cost of the Everhart
Road improvements shall not exceed Nineteen Thousand Four Hundred
Dollars ($19,400). The City's share will be adjusted according to the actual
construction cost after completion of the work but in no event shall exceed
the above stated amount.
5. The Developer covenants to reimburse the City for Developers share of the
cost of the Everhart Road Improvements in the following manner:
a. At the time of recordation of the plat of Village at the Lakes Unit 2
(as shown on Exhibit 'A') an amount equal to 20% of the
Developer's share will be due and payable.
b. The remaining 80% will be due and payable upon recordation of the
subdivisional plats of future units of Village at the Lakes. Under the
current preliminary plat, 66 lots will remain in the development after
recordation of Unit 2. The amount due for each future unit will be
the ratio of the number of lots being platted to 66. Should the total
Participation Agreement - Everhart Road
Braselton Land Venture, Inc.
Page 2 of 4
number of lots in the development change as a result of amended
preliminary or final plats, the amount paid to the City for that plat will
be adjusted accordingly.
c. Not withstanding the above provision, all funds due the City will be
paid no later than three years from the date of execution of this
agreement.
d. If any portion of the proposed Village at the Lakes Subdivision, other
than lots in Unit 1 or Unit 2, is sold by Developer, all funds due the
City, based on the formula set out in 5.b. above, shall be
immediately due and payable.
e. Any funds due to City hereunder which remain unpaid at the
expiration of three years from the execution date of this agreement
shall bear interest at twelve percent (12%).
6. Fred Braselton personally guarantees performance of this Participation
Agreement by Braselton Land Venture, Inc. as signified by his written
guaranty executed contemporaneously herewith and attached and
incorporated as Exhibit 'D'.
7. Developer shall indemnify and hold harmless the City, its agents, officers
and employees ('Indemnitees') from all suits, actions or claims and from all
liability for any and all injuries or damages sustained by any person,
including, without limitation, workers compensation, personal injury or death,
arising from or incident to this street construction developer agreement,
regardless of cause or of any concurrent or contributing fault or negligence
of Indemnitees, including Indemnitees' sole negligence.
8. The Developer further agrees, in compliance with City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the
Disclosure of Ownership Interests form attached hereto and labeled Exhibit
'C'
9. The Agreement shall become effective and shall be binding upon and shall
inure to the benefit of the parties hereto and their respective heirs,
successors, and assigns from and after the date of execution.
EXECUTED IN DUPLICATE originals, this day of , 1994.
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
Participation Agreement - Everhart Road
Braselton Land Venture, Inc.
Page 3 of 4
APPROVED:
By.
day of
, 1994
Assistant City Attorney
-Alison favoij
STATE OF TEXAS §
COUNTY OF NUECES §
DEVELOPER:
BRASELTON LAND VENTURE, INC.
"(12
Fred rasefton, Vice President
This instrument was acknowledged before me on , 1994, by Juan
Garza as City Manager of the City of Corpus Ch i, Texas, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
Braselton as Vice President of Braselton Land Vent -, Inc., a Texas Corporation, on
behalf of said corporation.
, 1994, by Fred
Notary Public, State of Texas
Participation Agreement - Everhart Road
Braselton Land Venture, Inc.
Page 4 of 4
GUARANTY
Date: June 2, 1994
City: City of Corpus Christi Texas, a municipal
corporation
Developer: Braselton Land Venture, Inc., a Texas corporation
Improvements to Everhart Road:
Guarantor: Fred Braselton
Guarantor's Address: 6910 Sir Palleas Dr., Corpus Christi,
Nueces County, Texas 78413
To induce City to enter into the Participation Agreement
and for other consideration, Guarantor agrees that --
1. It guarantees the performance of Developer's
obligations under the Participation Agreement.
2. This is a primary, irrevocable, and unconditional
guaranty of payment and performance and not of collection and shall
be independent of Developer's obligations under the Participation
Agreement.
3. It shall make all payments to City at City's address
set forth in the Participation Agreement.
4. This guaranty shall remain in effect regardless of
any modification or extension of the Participation Agreement.
5. Guarantor's obligations shall not be diminished by
any compromise or release agreed on by Developer and City or by the
discharge, limitation, or modification of Developer's obligations
in any bankruptcy or other debtor relief proceeding.
6. If there is more than one guarantor, the obligations
of each guarantor shall be joint and several.
7. Texas law shall apply to the guaranty.
Guarantor waives its rights
1. To notices of acceptance, modification, extension,
default, and any other notice.
2. To claim any defense arising out of lack of
diligence; any failure to pursue Developer; loss or impairment of
any right of subrogation or reimbursement; release of any other
AG0900.071.abf
guarantor or collateral; death, insolvency, or lack of corporate
authority of Developer; waiver, release, or election, based on the
City's or Developer's rights and obligations under the
Participation Agreement and the enforcement of its terms.
3. Under chapter 34, Texas Business and Commerce Code.
The prevailing party in any dispute arising out of this guaranty
shall be entitled to recover reasonable attorney's fees.
STATE OF TEXAS
COUNTY OF NUECES
GUARANTOR
F ed Braselton
ACKNOWLEDGMENT
is i trument was acknowledged before me on
, 1994 by Fred Braselton.(�
( U 11�.1A.l li 61)1-Al4-
Notary Public, State of Texas
Printed Name:
Expiration Date:
CONNIE PARKS
Notary Pubic
STATE OF TEXAS
My Comm. Exp. Nov. 9,1995
AG0900.071.abf 2
Corpus Christi, Texas
f4- day of
, 19_
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter
rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY
ORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes %\
Dr. Jack Best
Melody Cooper
Cezar Galindo "/� �r
Betty Jean Longoria LA
Edward A. Martin aktaAht,
Dr. David McNichols 04'I
David Noyola /, nn
Clif Moss 7
\torte\045
AG5000.511