HomeMy WebLinkAboutC2005-041 - 1/18/2005 - ApprovedDEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Christi ("City") and Dr. J.
Patrick Moran ("Developer"), and pertains to deferral of the improvements required prior
to filing the final plat of Saratoga Center Block 1, Lots 11-16, which was approved by
Planning Commission on November 17, 2004, a copy of the plat is attached and
incorporated as Exhibit "1"
WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5,
of the Platting Ordinance to construct seventy-five percent (75%) of the required
improvements, including construction of 588 linear feet of a 8-inch water line as shown
on Exhibit "2", before the final plat is endorsed by the City's Director of Engineering.
Detail construction drawings will be provided by the Developer and approved by the
City's Departments of Development Services and Engineering prior to the start of
construction; and
WHEREAS, the Developer is seeking to have the plat fi~ed immediately with the County
Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the
required improvements as required by Section III, Paragraph H, Subparagraph 5, of the
Platting Ordinance; and
WHEREAS, the Developer has endorsed a cashier check payable to the City of Corpus
Christi in the amount of twenty two thousand, one hundred sixty seven dollars and
fifteen cents ($22,167.15), which is 110% of the estimated cost of constructing the
required improvements, as shown on the attached costs estimate, which is attached
and incorporated as Exhibit "3", with the City of Corpus Christi; and
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
and
WHEREAS, the Developer has satisfied all other subdivision requirements, park
dedications, park dedication deferment agreements, and maintenance agreements and
all special covenants have been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by
Section V, Paragraph A, Subparagraph 3.6) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
The City agrees to waive the requirement that required improvements be
seventy-five percent (75%) completed before the final plat is endorsed by the
City's Director of Engineering and further agrees to allow the Developer to defer
the completion of the construction of the required improvements, including
2005-041
01/18/05
M2005-025
Moran, Dr. J. Patrick
construction of 588 linear feet of an 8-inch PVC water main, for up to twelve (12)
months [rom the date of this Deferment Agreement.
The Developer agrees to deposit twenty two thousand, one hundred sixty seven
dollars and fifteen cents ($22,167.15), with the City of Corpus Christi, which is
110% of the estimated cost of constructing the required improvements, on or
before the plat is filed with the County Clerk, and if the deposit is not made by
that time this Agreement shall become null and void.
The Developer agrees to construct the required improvements, including
construction of the 8-inch PVC water main to serve Saratoga Center in
accordance with the City's engineering standards in effect at the time of
construction.
The principal amount of twenty two thousand, one hundred sixty seven dollars
and fifteen cents ($22,167.15) shall be placed by the City in an interest-bearing
account and the total sum, both principal and interest, shall be made available to
the Developer in such amounts and on such dates as may be mutually agreed
upon by both parties, by and through their designated representatives, for use by
the Developer solely for the construction of the required improvements
hereunder. Such funds shall not be used for any other purpose whatsoever.
Upon completion of the required improvements, including the construction of the
8-inch PVC water main, by January 31, 2006, or such later time as may be
mutually agreed upon by both parties, and upon acceptance of the Project by the
City Engineer and upon compliance by the Developer with the terms of the
Deferment Agreement, the City Engineer shall immediately release Developer
from all obligations hereunder, by mailing such Release Letter to:
Dr. J. Patrick Moran
3401 - C Ocean Drive.
Corpus Christi, Texas 78411
and thereafter refund to the Developer within sixty (60) days of the completion of
construction and settlement of construction contracts, any balance remaining of
all monies received by the City from the Developer, including interest earned.
If the required improvements, including construction of the of the 8-inch PVC
water main, have not been completed by January 31, 2006, or if the Developer
fails to deposit any increase security as set out below, after notice to the
Developer and opportunity to cure as stated in Paragraph 8 below, the City will
transfer the balance of the amounts received, including any interest earned, to
the appropriate City fund and the City will then begin completion of the required
improvements, including construction of the of the 8-inch PVC water main with
any monies received from the Developer, both principal and interest, remaining
after completion of construction being refunded by the City to the Developer. If
City constructs all or any part of the improvements, the Developer agrees to
Deferment Agreement
reimburse the City for any additional cost of the improvements, if the sum of
money and interest prove inadequate to complete the improvements, within thirty
(30) days after City completes the improvements and bills the Developer.
The City and Developer agree that if the Developer formally vacates the current
plat, with approval of the Planning Commission, prior to the deadline for the
completion of the construction of the required improvements, including
construction of the of the 8-inch PVC water main, with related infrastructure the
money received by the City from the Developer, remaining on deposit, plus
interest earned, will be released and immediately returned to the Developer.
If Developer defaults in any of its covenants or obligations under this Deferral
Agreement, the City Engineer will send Developer and the Project Engineer
written notice by certified mail, return receipt requested, advising Developer of
the default and giving Developer thirty (30) days from date of receipt of the letter
to cure the default. If the Developer fails to cure the default after such no[ice and
opportunity to cure, the City Engineer will exercise the City's rights and transfer
any monies received and interest earned to the appropriate fund of the City to
complete the deferred improvements. In the event there are any monies
received by the City from the Developer, plus interest earned, remaining after the
City has completed construction of the improvements, the excess monies, both
principal and interest, shall be refunded to Developer within sixty (60) days of the
completion of construction and settlement of construction contracts.
The Developer agrees that the City, after notice in writing to the Developer and
Project Engineer, may accelerate payment or performance or require additional
security when the City Engineer determines that the prospect of payment or
performance is questionable.
10.
The Developer covenants to construct the required improvements, and that such
covenant shall be a covenant running with the land.
11.
The City's Director of Engineering Services, at Developer's expense, shall file of
record this Deferment Agreement in the records of Nueces County.
12.
13.
No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval of the other parties.
Unless otherwise stated herein, any notice required or permitted to be given
hereunder shall be in writing and may be given by personal delivery, by fax, or by
certified mail, and if given personally, by fax or by certified mail, shall be deemed
sufficiently given if addressed to Ihe appropriate party at the address noted
opposite the signature of such party. Any party may, by notice to the other in
accord with the provisions of this paragraph, specify a different address or
addressee for notice purposes.
14.
This Agreement shall be construed under and in accord with the laws of the State
of Texas and all obligations of the parties created hereunder are performable in
Deferment Agreement
Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in
Nueces County.
15.
The Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of
Ownership interests form attached hereto (Exhibit "4").
16.
This Agreement shall be executed in triplicate, all original copies of which shall
be considered one instrument. When all original copies have been executed by
the City, and at least two original copies have been executed by the Developer,
this Agreement shall become effective and binding upon and shall inure to the
benefits of the parties and their respective heirs, successors and assigns·
EXECUTED in triplicate this ~"f~' day of
2005·
Dr. J. Patrick Moran
("Developer")
3401 -C Ocean drive
Corpus Christi, Texas 78411
Telephone: (361) 852-2011
Facsimile: (261) 880-3501
· Patdck Moran
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ...
2005, by Dr. J. Patrick Moran.
~b~day of
..~;'2!i~;;;;;. [. RENE RODR GUEZ
/".""A"':, '" Notary Pub c
[,ll{'~e] State of Texas
NOTARY PUB~__~TE OF TEXAS
Deferment Agreement
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
A'I-I'EST:
By: ~
ARMANDO CHAPA,
City Secretary
By:
City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the /.--') day of ~ j~a¢../,~ ,
2005, by George K. Noe, City Manager for the City of C--'~rpus Chdsti~ Texas rn~nicipal
corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TE~,AS
APPROVED AS TO FORM: This /2 day of .J~,.- -(~
,2005.
By:
JosephH n/~ey %
Assistant City Attorney
For City Attorney
Deferment Agreement
Walter Jarrin - wA'DEREINE ESTIMATE.xls Page 1 I,
...... QUAN. + IUNIT ' UNIT
ITEM DESCRIPTION
5%
PRICE
WATE %INE IMPROVEMENTS: I /
~' 8" Gate Valve and Box i 4/ ; $700.00
3 Fire H~rant Complete I_~-Pla(e . 2 ~ ' $2,500.00
4 8" Cap with 2" Blowoff and Valve 2 2 EA $225.00
5 Tie to Existing Waterlin~ ~ 1 1 LS $500.00
~T&~ESTIMATED IMP~OVEb ENTS COSTS:
~ E~GINEERING ~ 7.5%:
SUB-TOTAL:
O~DIN NCE REQUI'REMErJT FOR +10%:
E RAND TOTAL:
TOTAL
COST
$9,996.00
$2,600.00
_ $5,000.00
$450.OO
$500.00
$18,74600
$1,405.95
$20,151.95
$2,015.20
$22,167.15
i
EXHIBIT 1 (PaRe 1 of 2
~EXH1BIT I (Paee 2 of 2)
I L
WATERLINE IMPROVEMENTS
TO
LOTS 11, 15, AND 16, BLOCK 1
SARATOGA CENTER SUBDIVISION
0
100 200
GRAPHIC SCALE
I I~ENGINEERING )
DATE: 12-16-o4 ~1': MH/¢rr
EXHIBIT 2
I Walter Jarrin -WATERLINE ESTIMATE.xls Page 1 !
ITEM
WATE
1
2
3
4
5
DESCRIPTION I QUAN. QUAN. + UNIT UNIT
~LINE IMPROVEMENTS: ___ -- ~/'
5%
PRICE
"PVC C-900 . 560! _ 588 LF $17.00
Gate Valve and Box , 4! 4 EA $700.00
Fire Hydrant Complete In-Place _~_~ 2 EA ___ $2,500.00
__ ,8" Cap with 2" Blowoff and Valve 2 . 2! EA $225.00
1Tie to ExisL~ngWatedine 1 1 LS $500.00
! !TOTAL__ ESTI, ATED IMPF~OVEIV ENTS COSTS:
_ENGINEERING @ 7.5%:1
I
~ SUB-TOTAL:
ORDINANCE REQUIREMENT FOR +10%:
GRAND TOTAL:
TOT/M_
COST
$9,996 O0
$2,800.00
$5,000.00
,'~50.00
$500.00
$18,746.00
$1,405.95
$20,151.95
$2,015.20
$22,167.15
EXHIBIT 3
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Co~us ChdstJ ordinance 17112, as amended, requires all parsons or firms seeking to do besi~ees with the City to
provide the i'ollowing information. Every question must be answered. Ii'the question is not applicable, answer with 'NA'.
78411
Slate the names o1' each "employee" of the City o[ Corpus Chdst~ having an "ow~nerahip interest" co~sfituting 3%
or more of the ownership in the above named "firm'.
FIRST NAME: J, Patric~ Moran
STREET: 3401-C Ocea~ Drive CITY: (3:2, TX ZIP:
FIRM IS: [--ll. Corporation C~2. Partnership ,~3. Sole Owner T-J4. Associal~on [-]5. Other
DISCLOSURE QUESTIONS
If edditJonal space is necessary, p~ease use the reverse side of this page or attach separate sheet.
1.
Job Title and City Depertmem (if known)
N/A
Name
Slate the names of each "o[fldal" of the City of Corpus Christi having an "ownership interest' coostJtuting 3% or
more of the ownership in the above named "firm'.
Name Title
N/A
Slate the names of each "board member" of the City ot Corpus Christi having an "ownership inl. erest' conslJtuting
3% or more of the ownership in the above named "firm"
Name Board, Commission, or Committee
N/A
Slate the names o[ each employee or officer o1' a "consultant" tor the City o[ Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" conslitut~ng 35 or more o[ the
ownership in the above named "firm".
Name Consultant
N/A
CERTIFICATE
I certify that all information provided is true and correct as el' the date of this statement, that I have not knowingly withheld
disclosure of any infc~'nation requeslad; and that supplemental statements will be promptly submitted to the City of
Corpus ChdelJ, Texas as changes OCCrUr.
Certth/ing Person: : , ..... ,'", C.I~ /~ A~ z~ ~,, .
(Type or Pdnt) ~ /./2 .~.~i'
Signature of Certifying Person: . ' =~_~ / [ ' , ;~..~ . -
Title:
Date:
EXHIBIT 4