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HomeMy WebLinkAboutC2005-221 - 5/10/2005 - ApprovedDEFERMENT AGREEMENT STATE OF TEXAS COUNTY OFNUECES This Agreement is entered into between the City of Corpus Christi ("City") and Bay Area Fellowship Church, ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Bay Area Fellowship Church Tract, Block 1, Lot 1, which was approved by Planning Commission on June 30, 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, before the final plat is endorsed by the City's Director of Engineering; WHEREAS, the Developer is seeking to defer the construction of the required public improvements, (the "Deferred Improvements"), as required by the City's Platting Ordinances, as shown on Exhibit 2, copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement; 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 a letter of credit in the amount of Three Hundred Sixty Two Thousand, Five Hundred Thirty Nine Dollars and zero cents, ($ 362,539.00) 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 record 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, storm sewer lines and water mains, for up to twelve (12) months from the date of this Deferment Agreement. 2005-221 05/10~05 M2005-142 Bay Area Fellowship Church The Developer will submit Three Hundred Sixty Two Thousand, Five Hundred Thirty Nine Dollars and zero cents, ($ 362,539.00), in the form of a letter of credit 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, storm sewer lines and water mains to serve Bay Area Fellowship Church Tract, Block 1, Lot 1 subdivision in accordance with the City's engineering standards in effect at the time of construction. Upon completion of the deferred improvements, including the construction of street pavement, curb, gutter and sidewalks, storm sewer lines and water mains to serve Bay Area Fellowship Church Tract, Block 1, Lot 1 subdivision, by May 10, 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: Bay Area Fellowship Church Paul Schulz, Executive Pastor Corpus Christi, Texas 78404 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 May 10, 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, storm sewer lines and water mains to serve Bay Area Fellowship Church Tract, Block 1, Lot I 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 sum of money and interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. 6. 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, 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 retumed 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 eamed, 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 secudty 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. 10. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 11. No party may assign this Deferment Agreement or any dghts hereunder with the prior written approval of the other parties. 12. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in wdting 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. 13. 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. 14. 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). 15. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all odginal 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~/?~-' day of ~ ~ ,2005. Bay Area Fellowship Church Paul Schulz, Executive Pastor Corpus Christi, Texas 78404 P'~I Schulz, Executive Pastor STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the ~ Schulz, Executive Pastor. . dayof ,2005, by Paul h:\..~005~A~enda~BayAreaDelerAgree.~c,c EXHIBIT E CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ARMANDO CHAPA, City Secretary By: G oe CitCManager THE STATE OFTEXAS § COUNTY OF NUECES § .,~..~da ~ ~ri;~t~ ~t '~s ~v~;nn2~v~ re?ogret~ eb~t re me on th e yof , 2005, by g . , 'ty g 'ty of Corpus Chnsti, a Texas municipal(,~orporation, on behalf of said corporation. APPROVED AS TO FORM: This NOTARY PUBLIC, STATE[ Q,,~,,,T'. EXA, O · day of ¢,'[ ~,. - ,2005. By: Joseph Har~ey ~/~ "/ Assistant City Attorney For City Attomey ti' J EXHIBIT 1 Pa~e 1 of 2 EXHIBIT 1 Page 2 of 2 WATER PUBLIC ROA SHEET TITLE: PUBLIC IMPROVEMENTS SCALE: 1 "= 400' I U 4aAN ENGINEERING BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS JOB NO. 39237.A4.01 ORIGINAL ISSUE DATE: ¢-28-05 EXHIBIT 2 Construction Cost Estimate Deferment Agreement for Bay Area Fellowship Church I. Bay Area Drive IterrffDescrivtion Quantity Unit Price Total Excavation 4,000 cy. $3.50 $14,000 2" HMAC inc. Prime Coat 5,000 sy. $8.50 $42,500 6" Cement Treated Caliche 5,000 sy. $8.00 $40,000 6" Lime Stabilized Subgrade 6,000 sy. $4.50 $27,000 6" Conc. Curb & Gutter 2,200 If. $12.10 $26,620 4" Conc. Sidewalk 8,800 sr. $4.50 $39,600 Total Amount $189,720 II. Water & Fire Lines 8" C-900 Pipe 3,700 lf. $15.50 $57,350 12" x 8" Taping Sleeve 1 ea. $851.00 $851 8" Tapping Valve 1 ea. $881.00 $881 6" Tapping Valve I ea. $695.00 $695 8" X 6" MJ Tree 13 ea. $465.00 $6,045 6" MJ Gate Valve 15 ea. $603.00 $9,045 6" x 18" Anchor Nipple 28 ea. $170.00 $4,760 Fire Hydrant 14 ea. $1,492.00 $20,888 6" MJ 90 deg. I ea. $304.00 $304 6" C-900 1,480 If $13.00 $19,240 8" MJ Tee 3 ea. $467.00 $1,401 8" MJ Gate Valve 1 ea. $809.00 $809 8" x 4" MJ Tee 1 ea. $391.00 $391 4" MJ 90 deg. 1 ea. $196.00 $196 8" MJ 45 deg. 10 ea. $354.00 $3,540 12" x 6" Tapping Sleeve 1 ea. $776.00 $776 Meter Valve 1 ea. $3,420.00 $3,420 8" MJ 22.5 deg. 1 ea. $388.00 $388 8" MJ 90 deg. 3 ea. $366.00 $1,098 4" MJ Cap 1 ea. $103.00 $103 Total Amount $132,181 III. Storm Sewer 24" RCP 128 If. $35.00 $4,480 24" Sets 4 ea. $500.00 $200 Inlets 2 ea. $1500.00 $3,000 Total Amount $7,680 Total of I, II, & III 10% Contingence Total Deferment Amount $329,581 $ 32958 $362,539 EXHIBIT "3" CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christ] ~Ordinance 17112, as amended, requires all persons or ~rms seeking to do business With the Ctty to provide the following informalJon. Every question must be answered. I~' Ihs question is nol applicable, answer wt~ "NAt FIRM NAME: BAY AREA FELLOWSHIP CHURCH STREET 8001 S.P.I.D. C CORPUS CHRISTI, TX 78412 : .......................................................................... ITY: ............................................ ZIP: ......................... FIRM I,,: 1. Corporation [] 2. Parinershlp [] 3, Sole Owner [] 4. Association [3 5. Other [:~ NON-PROFIT CORPORATION DISCLOSURE QUESTIONS if addl~onat sp~ce is necess~,ry, please use ihs reverse side of b~is page o¢ a[lach saps, rate sheet. 1. SLate the names of each "employee" of the City of Corpus ChHsa having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name .h3b Title and ~ Def3artment (if known) N/A N/A ............................................ . ............................................................................ . ............................................. 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 N/A N/A Sb3te the names of each 'ooard member" of the City oi' Corpus Christi having an "ownership Interest' constituting 3% or more of the ownership in Ihs above named 'firm': Name Bosrd, Commission or Comn'~lee .... .......................................................... ............................................................................................. State the names ol~ each employee or officer of a "consultan{" for Ihs City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Consutianl .... .......................................................... ................................................................................................. CERTIFICATE I certify [hat ail Int'ocmafion provided Is. true and correct as o1' [he date o~ this stalement, that I have not knowingly withheld disclosure ol~ any InformaUOn requested; and that supplemenlal slatements will be prompUy submitted to [he City of Corpus Christi, Texas as changes occur. PAUL SCHULZ EXECUTIVE PASTOR Certifying Person: ............................................................ T~tie: .............................................................. Signature of Certifying .erson~~..:...~ Date: ......... ..-.-~...iT....~..,,':.,..,~...,~. ......................... EXI IBIT "4"