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HomeMy WebLinkAboutC2005-597 - 11/15/2005 - ApprovedDEFERMENT AGREEMENT STATE OF TEXA~ COUNTY OF NUECES '.'h,S Agreement ~s entema into between the City of Corpus Chdsty, Texas ('City') and Rouen B. Wallace. Manager, Boulevard Development Company, L LC. ('~), aha pertains to deferral of the improvements required pdor to filing the final plat of '"adre Plaza, which was approved by Planning Commission on November 2, 2005 a ;:'~Dy ~ the plat Is attached and Incorporated as Exhibit 1. WHEREAS. the Developer is obligated under Section III, Paragraph H, Subparagraph 5, .of, the Plathng Ordinance to construct seventy-five percent (75%) of the required ,mprovements, including construction of an 8-inch water main, an 8-Inch sanitary aewer ;ina and e:,cavation of a storm water ditch, as shown on Exhibit "2', coplee of the .:~'.nslructk:,n drawings, which are attached to and incorporated Into thla Agr~ aefore the final plat is en0orsed by the City's Director of Engineering; and WHEREAS. the Developer is sseklng to have the plat filed Immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the reou~red Improvements as required by Section III. Paragraph H, Subparagraph 5, of the Platting Ordinance; and WHEREAS, the Developer will deposit the sum of one hundred seventy ~ thousand, two hundred five dollars and 31 cents ($177,205.31)which la 110% of the estimated cost of censtructJng the required Improvements, as shown o~ the attached costs estimate, which is attached and Incorporated as E,xhlblt '3', with the CITY OF CORPUS CHRISTI: and WHEREAS, the C~ty Attorney and Director of Finance have approved this and WHEREAS, the Developer has satisfied all other subdivision requirements, perk cledlcations, park dedlcabo~ deferment agreements, and maintenance agreements and ell special covenants have been completed; and WHEREAS, the Developer Is entenng into this Deferral Agreement as required by .Cection 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 requlrernent that required improvemenl~ be seventy-five percent (75%) completed before the final plat la endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of tl~e construction of the required Improvements, Including construction of an 8-Inch water main, an 8-Inch sanitary sewer line and ~xc. avetlon of a storm water ditch, as shown In Exhibit =2', for up to one (1) year trol~'l the date of th~s Deferment Agreement. Wallace. Ro~e~t IL 2oe5-59'7 %t21N)~I02 The Developer agrees to deposit one hundred seventy seven thousand, two hundred five do, lam and 31 ce~-~ ($177,205.31) letter of credit (F.~hl~ 4) ~ the CITY OF CORPUS CHRISTI, before this Agreement IS signed and approved by C~ Council and If the letter of credit Is not preeenl~l by that time thIs Agreement shall become null and void T~e Developer agrees to construct the required Improvements, Including construction of an 8-Inch water main, 8-Inch sanitary sewer line and excavation of a sto.,, water ditch. In accordance with the City's engineering standards In The Developer agrees to deposit one hundred seventy seven thousand, two hundred five clollars and 31 cents ($177,205.31), In the form of an I~le letter of credit Issued by Frost Bank, for 110% of the estimated cost of cor~bucting the required Improvements, as shown In Exhibit '3', which IS attached to and incorporated into this agreement, ~ the City of C, oq)l~ Christi on or before the plat signed and approved by City. and If the deposit IS not made by that time this Agreement shall become null and void. Upon completion of the required Improvements, Including cormbuctlon of an 8- Inch water main, 8-Inch sanltery sewer line and excavation of a slx~rn water dItch, by November 15, 2005, 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 De,'erment AgmemenL the City Engineer shall Immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Robert B. Wallace, Manager Boulevard Development Company, L LC. 4316 N. 10~. SlTc~ Mc.Nlen, Texas 78504 and thereafter re'cum to the Developer wlUdn sixty (60) days of ~ compleBon of cormbuctlon and settlement of cormtmc~on contracts, rite submitted letter of If the required Improvements, Including construction of an 8-1nch water main, an 8-inch sanitary se~r line and excavation of storm water ditch, have not been completed by November 15, 2006, or If ~ Developer falls tz) deposit any Incmasa security as set out below, after notice t~ the Developer and opportunity to cure as s[aa~l In Paragraph 8 below, the City will tmns~r the balance of the amounts received, Including any InC.'est earned, to the appropriate City f~nd and the City will then begin completion of the required Improvements, Including con~[~uctlon of~ of an 8-Inch water main, 8-Inch sanitary sewer line and excavation of a storm water ditch Impmverne~-~L~ with any monle~! received from the Developer, bo~ principal end Interest, remaining after comple'don of cor~uct~on being ~e~Lunded by the City to the Developer. If ~ City constructs al~ 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, wtthln thirty (30) days at, ur City completes the Impmvemei~b~ and bills ltm Developer. The City and Developer agree that If the Developer formaly vacates the current plat, with approval of the Planning Commission, prior to lyre deadline for the completion of the construction of the required Improvements, Including construction of an 8-Inch water main, 8-Inch sanitary sewer line and excavation of s~rm water ditch, with related I.;~u~bucture. the money received by the City I'rum the Developer, remaining on deposit, plus Interest earned, will be released and Immediately returned to the Developer. If Developer duruults in any of Its covenants or obllgatlorm under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer wrltlen notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of lyre letter to cure the default If the Developer falls to cum Itm d~;'ault after such notloe end opportunity to cum, the CW Engineer will exercise the City's rights and tmr~'~r any moniee received and Interest eemed to the approlxla~e fund of the City to complete the deferred improvements. In the event them am any monies received by the City from the Developer, plus Interest earned, remalrgng after ttm C~ty has completed consbuctlon of the improveme~Ls, the excess monlee, bo~h pnncipal and Interest, shall be refunded to Developer w~ln sixty (60) days of the comp~e'don of construction and settlement of conat3'ucUon contracts. 10. 11 12. 13. The Developer agrees that the City, alter notice In writing to the Developer and Project Engineer, may accelerate payment or performance or require addrdonal security when the City Engineer determines Itmt 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 Se~, at Developer's expense, shall file of record this Dererrnent Agreement In the records of Nuecee County. No party may assign this Durerrnant Agreement or any rlghte hereunder wi[h the prior written approval of the other perUes. Unless othen~se stated herein, any notice required or permlttad to be given hereunder shall be In writing and may be given by personal deliver, by fax, or by certified mall, and If given personally, by fax or by certified mall, ahal be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the slgnalum of such party. Any party may, by notJce to lhe oltmr In accord with the provtsions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and In accord wflJ~ the laws of the Stub= of Texas and all obligations of the parties created hereunde~ are performable In 15. 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 Chrls'd Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership Intere~ form attached hereto (FJdflb~t 5). 16. This Agreement shall be executed In trlplicete, 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, th~s Agreement shell become effective and binding upon and shall Inure to the bene~,, of the parties and their respective hairs, successors and assigns. Robert B. Wallace, Manager Boulevard Oevelopmeat Company, L.C. 4316 N. 10~ Slnmt Mr..Nle~, Texas 78504 (95 )Gee-5ao5 ('Devek mr") Boulevard Development Company LC. STATE OF TEXAS ~ COUNTY OF NUECES § This Instrument was acknowledged before me on [:he>ev~',)__o't~pmedanYnnt ~_,om~r~, LC&LC.UC.,~. , 2005, by Robert B. Wallace, Manager, Boulevard DEVELOPER, In the cepadty herein shared and as the act and deed of said e,~G;.y. NOTARY PUBLIC, STATE OF TEXAS CITY OF CORPUS CHRISTI ('City') P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (36'1) 880-3500 Facsimile: (36'1) 880-3501 ATTEST c~y Secmta~ By: //'~ )'1. ~ C'lty Manager THE STATE OF TEXAS § COUNTY OF NUECES § Thi~l~[l~j~v/~s. acknowledged before.m.__oe n~e /"~ dayof ~ ~V~'c [~,l:~v ,2005, byGeorgeK, r, oe,..wManegerforb~ClTYOF CORPUS CHRISTI, a Texas munldpal corporation, on behalf of said corpo~u[;on. ~ ~*' ~ N~JTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This ..' day of ~'c.-~..~.~. ,20~ By: jo.. LT Assistam City AMa'ney For City Attorney r o EXHIBIT 1 (Page I of 2) EXHIBIT I (Page 2 of 2) ~' AC TO 1,;' PVC WAI'~ ~ CONNECTION N¢}I TH PADRE ISLAND DRIVE ,(SH-358}~,/ 200 CONNECTION DETAIL PADR~ PLAZA WATER IMPRO~ME]~ DEFERMENT EXHIBIT 2 (Page I of 3) 2O0 100 0 ~0 SOI.}TH PADRE ISL ~az m. z ~. .......... L WII.LIAMS DRIVF. NAISMITH ENGI~IEERING, INC. ENGuo:~c~G · ~Vl.llOZq~Al, · ~ PADRE PLAZA SANITARY SEWER IMPROVMENTS DEFERMENT AG~:an:'MENT EXHIBIT - ~ ',2,--~°°' .': ',.(')1 '1 H I'AI)RF. I.%I.ANI) I)RI%'I-: 200 100 0 200 ~ I WII.I,IAMS DRIVE NAISMITH ENGINEERING, INC. PADRE PLAZA STORM SEWER IIdI:~ENTS DEFERMENT ~ENT EXHII~'F I._~m · EXHIBIT 2 (Pave3of 3~ Na~ ~. Inc D~ U~k h~r 10 2005 Conatrucflon Cc~t~ TIUe: I..ocatmn: P~dre P1mz~ D~m'mm~t .~ 9Lo~ 17.193 S.P.I.D. I:m~mmn Nb & DMy ;; P.M DESCRa.'~ K)N A. PAV1NQ iPROVEB~I'r8: Clem' ami Grub 7, E xcavatJo~ Fin QUA#. Uk1'r 4 AC 5000 AC UNIT TOTAL PRICE CO~T PAV1HO SUB-TOTAL: 9. WATER iPfliTt/EIL=HT8: 2 F ~m ~ 4 Gain V~, 8' 5 6' PVC Plug 5 ~' PVC CgO0 6 ~ ~ P~ C~ 9 ~ P~ '0 '2' ~V~ 4 LS $2,0(X).00 $8,000.00 4 EA $2,900.00 $11~00.00 4 EA $376.00 Sl,500.00 5 EA $625.00 $3.126.00 1 12~ LF $21.75 $24,490.80 1 EA $4oo.oo $44x).oo 360 LF S40.00 $17,~40.(X) I ~ ~.~00.00 1 ~ ~,1~.~ ~,1~.~ WAT--~_R SUB-TOTAL: C, ~ANITARY 8EWT=R iPROVEMEN'r~: 1 Ci '~ ~ 1 .~ ~ ~.~ 2 O~ Tm~ ~ 1 ~6 ~ $1.~ 3 4 ~ M.H. (F-5' ~) 2 ~ $1,~.~ 4 4 Dlame~r M.H. (5'-7' ~) 2 ~ ~.~ 5 ~ ~ ~ ~ (R~b) 1 ~ ~,~.~ ~ ~' G~ ~ ~ O 5'-T ~ ~7 LF ~4.~ 6 8' G~ ~ ~r ~ 7'-9' ~ 228 LF ~.~ · ANITARY 8EWF_R 8UB-'I'OTAE D. MISCELLANEOUS IMPROVEMENTS: 1 $~t Fen,-~ 2 '~ orm~'uct]on 1 LS $~ii,O0~.O0 I LS $2,54X).00 MIBCEI_LANEOU8 8UB..TOTAi~ $TAoo.oe CONSTRUC I ION CO~T~ TOTAL ENGINEERJNG FEE~ (7.6~) $161,0~.74 10% CONTINGENCY: $16,100.ff/' AMOUI~fF Of= 8ECtJRJ'rY $177.Z{~.31 EXHIBIT 3 I. ETTI:.R OF CRFDIT IN THE AMOUNT OF SI77.205.31 TO BE SU-BMI'I'rl:~ BY DEVELOPER (HAND DELIVER) TO THE CITY ON FRIDAY NOVEMBER 11. 2005 EXit-mIT 4 N/A N/A N/A LARRY FALLEK ..--~' Ti#: MANAGE~ - ~' ~_/-/ Di~: 11/10/05