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HomeMy WebLinkAboutC2005-508 - 10/11/2005 - ApprovedDEFERMENT AGREEMENT STATE OF TEXAS .~ COUNTY OF NUECES ~ improvements required prior to final aPlxOVal of Homedale Addition, Unit 1. The ~ of Homedale Addition Units 1 and 2 was filed for record with ~ County Clerk of Nueces County, Texas on October 22, 1954 and ia recorded In Volume 17, Page 5, a copy of the recorded pa~t is attached and Incorporated as Exhibit 1. WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs, guffers and ~et paving of the remaking unlm~ ~ of a half street (Homedale Drive) as shown on attached and Incorporated aa Exhibit 2; and WHEREAS, the Developer is to endorse a cashier check payable k) Ihe City of Corpus Chri~ In the arno~m of thirteen Itxxmarxl, fifty six dollam and eighty o~e cer~ ($13,056.81 ), whic~ Is 110% d I~e estlrn~cl cost of conatmctlr~ ~e required impmveme~, as shown on the attached co~ ~, which b atlzclmd and incorporated as F_xhlbit ~; with the City of Corpus ~; and WHEREAS, ~ Developer will deposit the sum of th~'teen thousand, fifty six dollars and eighty one cents ($13,056.81), which is 110% of th~ eaSrnated coat of ~ng the requk'ed improvement, aa shown on tt~e attached coat esflrne~___, which Is attached and incorporated as E~lbit 3, with the City d Corpus Chrtsfl; and WHEREAS, the City Attorney and I:)tmctor of Finance have approved ~ls tranaaction; and WHEREAS, the Developer has satisfied all other sutx:livtak)n requirements, park dedicatlon~, park dedication deferment agreement, and maln;~nance agreements and all st)eclal covenarYm have been completed: and NOW, THEREFORE, the City and Develop~ agree as folows: The City agrees to alow the Developer to defer ~ olive required street [mprowments including cta'ba, guflx~rs, sidewalks and pavement section along Homedale Street as shown In E~hlbit 2 until l)he City causes sald Improvements to be constructed as a portion of an overall plan. The Developer agrees to deposit I~lrteen Itxxma~, ~ty six clollam and eighty o~e cents ($13,058.81), ~ the City of Corpus Chrlatl, which la 110% ofthe esUmated cost of constructing the required ~mpmver~[,, Exhblt 3 and If t~e 2005-508 10/11/05 M2005-351 Diamondhead Development lol4 6 7 8 9 10. The principal amount of Iblrteen l~x. mancl, fifty six do,lam and eighty o~e cents ($13,056.81) shall be placed by the City In an in.,rest bearing account and the total sum, both principal and intemat, shall be rrmcle avalla~e to ttm City ~ Corpus Christi solely for the consl]'uctJon of Ibe required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. The City's Director of Engineering Services, at Ibe Developers expense, ehal fie for record Ibis Deferment Agreement In the records of Nueces County. The City agrees that the sum of $13,056.81 cash, or 110% of the estimated cost of required improveme.~ as shown in Exhibit 2 has been received by the City, Ibe City's Director of Englneedng Services shall issue a 'Final letter of Dlamondhead Development Co. 1618 Carltera Bay Dltve Corpus Christi, Texas 78418 No party may ~Ign Ibis D~f~'ment ,~ or any rights hereunder wtib the prior wd[len approval of bhe oh"mr parties. ce4;[',ed mall, and If given pamonally, by fax or certified mali, ~d~ be ch~erned sufficiently given if addressed to the approprtate party at the address notod This Agreement shall be construed under and In accord wflb the ~ of the ~ of Texas ar~l all obligations of Ibe parties created bereundef am ~ In Nuecas County, Texas, and all lawsuits pursuant hereto ahab be I:xzx. H~ht In Nuecas County. Owr~rship intems~ form attached to Ibis Agreeme.;~ as ExhE~t 4. This Agreement shall be executed In trlpik:ate, all original copi~ of whicfl shall be considered one Ins'a'umenL When all original copies have been executed by If~ CAy, and at least two original co, las have been executed by Ibe Developar, Ibis Agreement shall become effective and binding upon and shall Inure to I~ benefits of the parties and Ibelr reapaclNe heirs, succeasom and assigns. 2o~4 EXECUTED In triplicate Ibis __ ~1 dayof ~ ,2005. Gemrdo M. Garcia, Parb~r For DiamorKIheed Development Co. Diamo~dhead Development Co. 1618 Cantata Bay Drive Corpus Christi, Texas 78418 STATE OF TEXAS ~ COUNTY OF NUECES § _ I ~ 2(X)5, by Freddie R. Seaquiat, Partner of Sunray Entmprlaea Inc., a TeJ[ae Corporation, NOTARY PUBLIC, STA-E OF ~ STATE OF TEXAS ~ COUNTY OF NUECES § ~ ..... 2005, by~ M. Garda, Pmtner of Sunray Enterpdses Inc,., a TeXi!m Corporation, 30[4 A~MANDO CHAPA, crrY OF CORPU~ CHIn ~'CIt~) P. O. Box ~77 ~ ~ri~, Tex~ 7~!~ Telephone: (~1) ~ Facsimile: (361) 880-3501 By: ~EENOE City Manager APPROVED AS TO FORM: This _ ~ day of ~.F~.~.. Assislant City Attorney ' THE STATE OF 'IT:.XAS § COUNTY OF NUECES § ~ ~ ~'~.~ , 2005, by GEORGE K. NOE, City Manager for the cn'Y OF CORPUS CHRISTI, a Texas municipal corp(xafio~, on behaE of sald NOTARY PUBLIC, STATE OF TEXAS 4oi'4 (~ UNDS ~ TO COidl~.E]'E P.F_~m~'.D IMI~OYEMENT~ ~ ~ ~ tt(IIEI)A~ S'T) ~ ~ * l~q, ~ = $ IA44.OO 2 6' Cub & Gu~=r 220 L.F. (~ ~.00 .- 1,9~0.00 3 4' KC. ~ W~lk ~0 S_~. ~ $~.00 == 2A40.00 4. ! ~/2' Hot l~f;tAsphnlt 293.3 S.Y.~ ~.50 - 1,613.15 5 6' Cenm~ .~ ~'r,~d 391.1 $.Y.(~ $6.50 = 2,542.15 6 TrafBc CmJUul * l..un~ Sum = 115.20 7. Pollution Qxtuoi * Lump Sum = 307~n Total En~iia~ ~l (7.5~) ,- To~l - Sll.041.7o ~.13 S11,869.83 Roqubu:l AddJ6oml 10% == 1,186.99 Total Requi~d - ~ II EX H I BIT-"3