HomeMy WebLinkAboutC2005-162 - 4/19/2005 - ApprovedDEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OFNUECES §
This Agreement is entered into between the City of Corpus Christi ("City") and The Gray
Estate, ("Developer"), and pertains to deferral of the improvements required prior to filing the
final plat of Corpus Christi Retirement Residence Addition, which was approved by Planning
Commission on January 26, 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 seven[y-five percent (75%) of the required off-site public
improvements, including construction of street pavement, curb, gutter and sidewalks, sanitary
and storm sewer lines and water main, 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 will deposit the sum of two hundred eight thousand, six hundred
ninety one dollars and seventy five cents ($208,691.75) 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.
Gray Estate
2005-162
04/19/05
M2005-118
The Developer agrees to submit two hundred eight thousand, six hundred ninety one
dollars and seventy five cents ($208,691.75) letter of credit, 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
street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water
main to serve Corpus Christi Retirement Residence Addition in accordance with the
City's engineering standards in effect at the time of construction.
The principal amount of two hundred eight thousand, six hundred ninety one dollars and
seventy five cents ($208,691.75), 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, gutter and sidewalks, sanitary and storm sewer lines and water main to
serve Corpus Christi Retirement Residence Addition, by April 12, 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. Nerm Brendon, Partner,
Colson & Colson Construction Co.
J
2250 McGIIchrist Street S.E.
Salem, OR 97302
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 April 12, 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 deferred improvements,
including construction of the of street pavement, curb, gutter and sidewalks, sanitary
and storm sewer lines and water main to serve Corpus Christi Retirement Residence
Addition 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
DeferAgree
10.
11.
12.
13.
14.
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 deferred improvements, including construction of the of street
pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and 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 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 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 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.
DeferAgree
15.
16.
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).
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 tripIicate this __
day of .~,11 I ,2005.
The Gray Estate
Mr. f&, .... Brcn~lt., ,,
Colson & Colson Construction Co.
2250 McGilchrist Street S.E.
Salem, OR 97302
STATE OF ~ §
COUNTY O F ~I;;;I:~B~ §
This instrument was acknowledged before me on the _
Norm Brenden.
,2005, by
DeferAgree
NOTARY PUBLIC, STATE OF ~
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
A'Fi'EST:
By:AR
City Secretary
By: //~L.'~
Ge~ K. Noe
Cit~ Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the~ day of t-/let ~ ,
2005, by George K, Noe, City Manager for the City offs Christi, a~'l'exas municipal
corporation, on behalf of said corporation·
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This //~ day of
2005.
By:
J~sS~anH ac~n~ ~y forney
· t 't Att~
For City Attorney
DeferAgree
EXHIBIT 1
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EXHIBIT 2 (Page 1 of 4)
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EXHIBIT 2 (Page 2 of 4)
~E~BIT; (Page 3 of 4)
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EXHIBIT 2 (Page 4 of 4)
Naismith Engineering, Inc
Adam Hutchison, E.I ¥.
March 30, 2005
Construction Costs
Ti0e: Corpus Chdsti Retirement Residence
Acreage: (Offsite Improvements)
Location: Lipes, west of Staples
ITEM DESCRIPTION
A. PAVING IMPROVEMENTS:
QUAN, UNIT UNIT TOTAL
PRICE COST
I 2" HMAC including Pdme Coat 825 SY $6.75 $5,568.75
2 8" Lime Stabilized Subgrade 1,150 SY $3.50 $4,025.00
3 8" Stabilized Flexible Base 825 SY $7.25 $5,981.25
4 Curb and Gutler 800 LF $7.75 $6,200.00
5 4' Concrete Sidewalk 800 SF $2.65 $2,120.00
6 Roadway Repair 575 SY $25.00 $14,375.00
7 Traffic Control Plan Implementation 1 EA $5,000.00 $5,000.00
PAVING SUB-TOTAL:
B. STORM SEWER IMPROVEMENTS (OVERSIZED TO SERVE OFF-SITE):
1 18" PCP 1,988 LF $34.00
2 Class 'D' Embedment 1,968 LF $3.00
3 OSHA Trench Protection 1,968 LF $1.00
4 Storm Sewer Manholes 4 EA $2,500.00
5 Storm Sewer Ou~ralls 1 EA $3,000.00
STORM SEWER SUB-TOTAL:
$43,270,00
$66,912.00
$5,904.00
$1,968.00
$10,000.00
$3,000.00
$87,784.00
C. WATER IMPROVEMENTS:
1 12" PVC C-900 290 LF $28.00 $8,120.00
2 12" Gate Valve and Bo;< 3 EA $1,500.00 $4,500.00
3 Tie to Existing Waterline 2 LS $2,000.00 $4,000.00
4 6" PVC Waterline Connection 82 LF $16.00 $1,312.00
5 Roadway Repair 15 SY $45.00 $675.00
D. SANITARY SEWER IMPROVEMENTS:
WATER SUB-TOTAL:
$18,607.00
I 6" PVC 467 LF $18.00 $8,406.00
2 Class 'D' Embedment 467 LF $3.00 $1,401.00
3 OSHA Trench Protection 467 LF $1.00 $467.00
4 4' Diameter M.H. 2 EA $2,500.00 $5,000.00
5 Tie to Existing Manhole 1 EA $1,000.00 $1,000.00
6 Roadway Repair 15 SY $45.00 $675.00
SANITARY SEWER SUB-TOTAL:
E. MISCELLANEOUS IMPROVEMENTS:
1 Pollution Prevention Measures 1 LS $2,000.00
2 Relocation of Overhead Power Poles 3 EA $3,000.00
MISCELLANEOUS SUB-TOTAL:
CONSTRUCTION
COST
SUB.TOTAL:
..- ...
' ~ / / 10%CONTINGENCY:
CRAIG B. THOMPSON f/~
ENG,NEER',G FEES,7.5* :
I;.(~..4/C,._,,.~.9 .;~v~ TOTAL ESTIMATED IMPROVEMENTS COST:
· ~,,~,.,.,.,.,.,.,.,.,~,. ~ -.
$16,949.00
$2,000.00
$9,000.00
$11,000.00
$177,610.00
$17,761.00
$13,320.75
$208,691.75
EXHIBIT 3
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Chdsti ordinance 17112, as amended, requires all persons or ~irms seeking to do business with the City to
provide the [ollowing information. Every question must be answered. Il~ the question is not applicable, answer with "NA".
FIRST NAME: Colson & Colson Construction Co.
STREET: P.O. BOx 14111 CITY: Sal6~a, Oreqon ZIP:
FIRM IS: _-~J~l. C, orpora§on,..~2.~.~jJ~ership [~]3. sore Owner [-14. Association [--15. (~er
~ DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1.
97309
State the names of each "employee" of the City of Corpus Chdsti having an "ownemhip Interest" constituting 3%
or more of the ownership in the above named "firm'.
Name Job TiUe and City Department (if known)
N/A
State the names of each "official" o1' the Ci~ o[ Corpus Christi having an "ownemhip interesF constituting 3% or
more of the ownership in the above named "firm".
Name T-KIe
N/A
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
~3/A
State the names of each employee or o[ficer of a "consultant" [or the City o[ Corpus Chdsti who worked on any
matter rebated to the subject of this contract and has an "ownership interest" constituUng 35 or more of the
ownership in the above named "firm".
Name Consultant
N/A
CERTIFICATE
I certff7 that all information provided is b'ue and correct as o[ the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and [hat supplemental statements will be promptly submitted to the City of
Corpus Chds~i, Texas as changes occur.
Certifying Person: ~- ~ D ~-/,~-~ (Type or Pdnt)
Signature of Certifying Person: / ~ ~_ Date:
EXHIBIT 4