HomeMy WebLinkAboutC2005-090 - 3/29/2005 - ApprovedDEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Christi ("City") and Mr. Armando Ortiz,
("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of
Industrial Technology Park Unit 2, which was approved by Planning Commission on March 23,2005 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 on-site and off-site, public
improvements, including construction of street pavement, curb, gutter and sidewalks, sanitary and
storm sewer lines and water mains, Exhibit 2, before the final plat is signed 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 filed 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 cashiers check payable to the City of Corpus Christi in the
amount of one hundred forty eight thousand, four hundred seventy dollars and zero cents,
(148,470.00) 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 construction of street pavement, curb, gutter and sidewalks,
sanitary and storm sewer lines and water mains, for up to twelve (12) months from the date of
this Deferment Agreement.
Ortiz, Armando
2005-090
03/29/05
M2005-107
The Developer has deposit one hundred forty eight thousand, four hundred seventy dollars
and zero cents, (148,470.00), in the form of a cashier check payable to 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 City's Director of Financial Services must approve
the form of the letter of credit.
The Developer agrees to construct the required improvements, including construction of street
pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to
serve Industrial Technology Park subdivision in accordance with the City's engineering
standards in effect at the time of construction.
The principal amount of one hundred forty eight thousand, four hundred seventy dollars and
zero cents, (148,470.00), 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 deferred improvements, including the construction of street pavement,
curb, gufter and sidewalks, sanitary and storm sewer lines and water mains to serve Industrial
Technology Park Unit 2 subdivision, by March 29, 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:
Mr. Armando Ortiz
102 Airline Road
Corpus Chdsti, Texas 78405
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 deferred improvements, have not been completed by March 29, 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 eamed, to the appropriate City fund and the City will
then begin completion of the deferred improvements, including construction of the of street
pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to
serve Industrial Technology Park Unit 2 subdivision 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 reimburse the City for any additional cost of the improvements, if the
DeferAgree
10.
11.
12.
13.
14.
15.
The City and Developer agree that if the Developer formally vacates the current plat, with
approval of the Planning Commission, pdor to the deadline for the completion of the
construction of the deferred improvements, including construction of the of street pavement,
curb, gutter and sidewalks, sanitary and storm sewer lines and water mains, 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 notice 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.
The Developer covenants to construct the required improvements, and that such covenant
shall be a covenant running with the land.
The City's Director of Engineering Services, at Developer's expense, shall file of record this
Deferment Agreement in the records of Nueces County.
No party may assign this Deferment Agreement or any rights hereunder with the pdor 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 the
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.
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 Nueces County, Texas,
and all lawsuits pursuant hereto shall be brought in Nueces County.
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).
De[erAgree
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 -~..v'~_2. day of~Jl~/[,~4/c~ ,2005.
Armando Ortiz
102 Airline Road
Corpus Christi, Texas 78405
Armando Ortiz, Developer.
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ~-~
Armando Ortiz.
__ day of j'~l,..~7..~
TARY PUBLIC, S~TEXAS
,2005, by
DeferAgree
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
A'iq'EST:,/~
· ARM,~I'I~ CH~PA,
City Secretary
By:
_.~_g_e Kjt-'~
· Nee
~City Manager
THE STATE OF TEXAS §
This instrument was acknowledged before me on the day of ,2005, by
George K. Nee, City Manager for the City of Corpus Christi, a Texas mCnicipal corporation, on behalf
of said corporation·
l!~,~-~' .~,~-o... 2~: .. ~,IOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This Z-O' day of
,2005.
By:
J°seph Hat e~Y~YY (~d
Assistant City Attorney
For City Attorney
DeferAgree
EXHIBIT 1
UE
N
I II Igll
II lllil
PlI,
Sewer
i,~ PROP. 8" P.V.C.,
~ p I I Sanitary Sewer
11 II Pill
Ill!
II
fill
iI
Ii,' ""
I ,11 III!
;I P,l,!
W ~1 IPROP' 8" P'V'C''
~~/,s~w~
I
PROP. 8" PVC WATEI~
Ik ,,o' im
i~, d
PUBLIC IMPROVEMENTS TO INDUSTRIAL
TECHNOLOGY PARK UNIT 2
I
EXHIBIT 2
Cost Estimate
INDUSTRIAL TECHNOLOGY PARK UNIT 2
STREET
ITEM
QUANTITY UNIT UNIT PRICE SUB-TOTAL
Excavation 1470 SY $ 13.61 $ 20,000.00
Clearing & Grubbing '~ LS $ 1,000.00 $ 1,000.00
2" HMAC 1200 SY $ 7.00 $ 8,400.00
Caliche Base 1200 SY $ 7.15 $ 8,580.00
SubBase '~470 SY $ 3.60 $ 5,292.00
Curb & Gutter 600 LF $ 9.80 $ 5,880.00
Sidewalk 2400 SQ FT $ 2.31 $ 5,544.00
Street Signs 1 LS $ 350.00 $ 350.00
SUBTOTAL
STORM WATE
ITEM
QUANTITY UNIT UNITPRICE SUB-TOTAL
30" RCP 635 LF $55 $34,925
18" RCP 40 LF $30 $1,200
Manhole 1 EA $2,000 $2,000
5' Curb Inlet 2 EA $2,500 $5,000
Remove and Reset 1 LS $2,000 $2,000
SUBTOTAL
WATER
ITEM
QUANTITY UNIT UNIT PRICE SUB-TOTAL
8" PVC 300 LF $19 $5,700
Fire Hydrant Assemb l EA $2,600 $2,600
Gate Valve 1 EA $650 $650
Service Lines 2 Ea $1,000 $2,000
8" caps 2 Ea $250 $500
8" 90-degree be~ds 2 EA $200 $400
8" Tee 3 EA $400 $1,200
SUBTOTAL
WASTEWATE
ITEM
QUANTITY UNIT UNIT PRICE SUBTOTAL
8" PVC 400 LF $19 $7,600
Manhole 1 EA $2,000 $2,000
Service tap 2 EA $365 $730
Service I..Jne 2 EA $1 ,O00 $2,000
SUBTOTAL
CONSTRUCTION COST
ENGINEERING FEE 7 5%
MULTIPLIER OF i.10
$45,125
$13,050
$12,330
$ 125,551.00
$ 9,416.33
$ 13,496.73
$ 1 ~,8,4C.,1.00
EXHIBIT 3
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking Io do business with the City to
provide the following information. Every question musl be answered. If the question is not applicable, answer with 'NA'.
FIRM NA~E: ...,'~..~..l~.~,~bJ,~.O..Q~TI...Z.. .........................................................................................................
STREET: .............. [..O..~,......~[~-.~)....J:~..~....~.~).. crrY: ..~O.~..I?.Q~..C~.~.!.~] ......... z~P:.7.~..~.Q.~ ......
FIRM Is: 1. Corporation I-I 2. Partnership [] 3. Sole Owner [] 4. Association []
5. Other [] ........................................................................................................................................
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheeL
1. State the names of each "employee' of the City of Corpus ChrlsU having an "ownemhlp Interest" constituting 3%
or more of the ownership In the above named "firm".
Name Job TiUe and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership Interact' constifutlng 3%
or more of the ownership In the above named "firm".
Name Title
State Ihe names of each "board member' of the City o[ Corpus Christi having an "ownership Interest' constituting 3% or
more o[ the ownership in the above named 'firm'.
Name Board, Commission or Comm~ee
State the names of each employee or officer of a "consultant" for the Clly of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownemhip Interest" constituting 3% or more of the
ownership In the above named "firm".
Name Consultant
CERTIFICATE
I certify that all information provided is. true and c~rrect as of the date o[ this slatement, that I have not knowingly withheld
disclosure of any informaIIon requesIed; and that supplemental staIements will be promptly submffted to [he Cd¥ of
Corpus Christi, Texas~ ~as changes occur, c`
Certifying Person: .A~-~{...~.,.. ,.~[! ~ ............................ Title: ..............................................................
Signature of Certif'ylng Persor'k~ .l~/....*'~.,./.~.~..,,.~--~<~.~J--- ~ .......... Date: _'~.~,~...~..~..,...?-,.~.d..(...'~.., ..................
EXHIBIT 4