HomeMy WebLinkAboutC2005-282 - 6/14/2005 - ApprovedDEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OFNUECES §
This Agreement is entered into between the City of Corpus Christi ("City") and Gotcher Construction
Inc., ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of
Bent Tree Unit 2, Lots 9A and 10A, Block 6 which was approved by Planning Commission on May 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, public
improvements, including construction of a sanitary sewer line, 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 submitted a letter of credit to the City of Corpus Christi in the amount
of thirty one thousand, eight hundred sixty one and twenty eight cents, ($31,861.28) 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 on-site
sanitary sewer line, for up to twelve (12) months from the date this Deferment Agreement is
signed and approved.
2. The Developer has agree to submit thirty one thousand, eight hundred sixty one and twenty
eight cents, ($31,861.28), in the form of a letter of credit to the City of Corpus Christi, which is
110% of the estimated cost of constructing the required improvements, on or before the plat is
Z005_28zlerk, and if the deposit is not made by that time this Agreement shall
06/14/05
M2005-189
Gmcher Construction
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 the
sanitary sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6 in accordance with the
City's engineering standards in effect at the time of construction.
LE'I-I'ER OF CREDIT OPTION
The Developer agrees to submit a thirty one thousand, eight hundred sixty one and twenty
eight cents, ($31,861.28) deposit, in the form of an irrevocable le[-ter of credit issued by Bank
One, for 110% of the estimated cost of constructing the required improvements, as shown in
Exhibit "C", which is attached to and incorporated into this agreement with the City of Corpus
Christi on or before the plat is filed with the County Clerk, and if the de ~osit is not made by that
time this Agreement shall become null and void.
The principal amount of, 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 the sanitary
sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6, by June 14, 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. Danny Gotcher
225 Canyon Creek Road
Fredicksburg, Texas 78624
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.
7. If the deferred improvements, have not been completed by June 14, 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 sanitary
sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6 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.
DeferAgree.doc
10.
11.
12.
13.
14.
15.
16.
The City and Developer agree that ii' 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 improvemenls, including construction of the sanitary sewer line 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 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.
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 cortii~ed 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).
DeierAgree.doc
17.
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 _,~_ dayof L-.~ ~ ~'
,2005.
Mr. Danny Gotcher
225 Canyon Creek Road
Fre~burg, Texas 78624
Gotch~r Construction Inc.
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ~¢~day of
Danny Gotcher.
~O~ ,2005, by
NOTARY PUBLIC, STATE OF TEXAS
ATTEST:
By: N~'~-
ARMA
Oity Secretary
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
G6k~/ge K. Noe
City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES § __~_'~da~y
This instrument was acknowledged before me on the of . , 2005,, by~
George K. Noe, City Manager for the City of Corpus Chdsd, a/exas rnul~icipa~ corporation, on geh,.,If
of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This ~ day of -,./,- - ~ ,2005.
By:
Assistant City Attorney
For City Attorney
DererAgree.doc
1
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EXHIBIT 1
jpd'(~) 14noxe~ O000[:l. oOt~d - u~Jer ~ieN~
~.~o~. ~ ~' .~ ~ S~ANITARY SEWERW LINE
r~-~ ~,:~ . I~ ~XIsTING MAN"OLE .
LOT 7A
7.279 ACRES
317,090.B1OSF
PROPOSED 8-1NCH
SAYqlTARY SEWERW LINE
PROPOSED MANHOLE
2,512,4cr~ ~ · ·
~,IJO Jk:r~ ~
Sheet
1 of 3
No. 40012.00.00 ~
SANITARY SEWER DEFERIVENT EXHIBIT
LOTS 9A & 10A, BLOCK 6 BENT TREE ~ 2
~. k4oy 20, 2005 MFH/crr I PLAN VIEW I Job
EXHIBIT 2'
Eng: Murray F Hudson, P.E.
By: C.R.R.
DEFERMENT COST ESTIMATE
FOR
SANITARY SEVVER IMPROVEMENTS TO
LOTS 9A and 10A BENT TREE UNIT 2
May 20, 2005
Job No. 40012.00.00
ITEM DESCRIPTION
A. SANITARY 8EWER IMPROVEMENTS: I 8' PVC SDR 26 (e'-8' Cut)
2 8' PVC SDR 26 (8'-10' Cul)
3 Class 'D' Embedment
4 OSHA Trench ProtecUon
5 4' Diameler Manhole (6'-8' Deep)
Tie to F_.xflstlng Manhoie
7 Lot Service Tap
QUAN. QUAN. + UNIT UNIT TOTAL
6% PRICE COST
435 457 LF $24.0O
183 I g2 LF $27.00
618 649 LF $7.00
618 649 LF $1.00
2 2 EA $2,200.00
1 I EA $500.00
2 2 EA ~'y'~_ 50.00
SANITARY SE-"~R SUB-TOTAL:
B. ENGINEERING:
Engineering ~;~ 7.5%
ENGINEERING SUB-TOTAL:
I I
CONSTRUCTION AND ENGINEERING TOTAL:
110% OF CONSTRUCTION AND ENGINEERING PER ORDINANCE REQUIREMENTS:
$10,90a.00
.$5,164.00
$4,5,43.00
$649_00
$4,400.00
$500_00
$7oo_00
$26,944.00
$26,9~4.60
$31,861.26
Urban Engineering
2725 Swentner
Corpus Christi, TX 76404
1-361-854-3101
EXHIBIT 3
~ --- CITY' OF CORPUS CHRISTI
~ DISCLOSURE OF INTERESTS
City of Corpus Christi ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRST NAME: Gotcher Conslruction Inc.
STREET 225 Canyon Creek Road CITY: Freddcksburg ZiP: 78624
FIRM IS: ['~1. Corporation ["-12 Padnership [~3. Sole Owner [~4. AssocJatio¢~ [~5. Other
DISCLOSURE QUEST'IONS
It additional space is necessary, please use the reverse side el this page or attach separate sheet
State the names of each "employee' of the City of Corpus Christi having an "ownership interest" constituting 3%
er more oi' the ovmership in Ihe above named
Name Job Title and City Department (ii known)
N/A
Slate the names of each 'ohScial" of the City of Corpus Chdsti having an "ownership interesl' constituting 3% or
more of the ownership in the above named "~rm'
Name Title
N/A
State the names of each "board m~mber" 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
N/A
4
State the names of each emptoyee or officer o( a 'consultant" for the City o[ Corpus Chdsti who worked on any
ma~ter related [o the subject of [his contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named ~flrm"
Name Consultant
NIA
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knOWingly withheld
disclosure of any information requested; and that supplemental statements wilt be promptly submitted to [he City of
Title:
Date:
EXHIBIT 4