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HomeMy WebLinkAboutC2005-703 - 12/20/2005 - Approved DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christy, Texas ("City") and Corpus Christi Housing Finance Corporation, ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of West Park Addition Lots 2 and 3, which was approved by Planning Commission on September 7,2005 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 improvements, including construction of public water lines, as shown on Exhibit 1, copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement, before the final plat is endorsed by the City's Director of Engineering; 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 ninety five thousand, and eighteen dollars and seventy four cents ($95,018.74), 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. (b) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: 1. 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 the of public water lines, as shown in Exhibit 2, for up to twelve ; -1 '1\ ~~~~h~ 4'~')m the date of this Deferment Agreement. 2005- 703 12/20/05 M2005-440 CCHFC 2, The Developer agrees to submit ninety five thousand, eighteen dollars and seventy four cents ($95,018.74) bond, with the CITY OF CORPUS CHRISTI, on or before the plat is filed with the County Clerk, and if the bond is not presented for deposit by that time this Agreement shall become null and void. 3. The Developer agrees to construct the required improvements, including construction of public water lines to serve West Park Addition Lots 2 and 3, in accordance with the City's engineering standards in effect at the time of construction. 4. The Developer shall post a corporate surety performance bond for ninety five thousand, eighteen dollars and seventy four cents ($95,018.74), issued by a surety acceptable to the City and approved by for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit 3 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 bond is not posted by that time this Agreement shall become null and void. The bond must be executed by the Developer, as principal, and by a corporate surety acceptable to the City, as obligee, and conditioned upon the Developer named in the bond faithfully complying with all of the provisions of this Agreement until the City has accepted the of public water lines. a. The bond shall secure the City against all costs, charges, and expenses related to the failure of the Developer to construct the public improvements, including the construction of the public water lines by the City or another developer, regardless of whether the city has incurred any costs. A bond issued under this provision must be valid for six (6) years or more, and require as sole documentation for payment a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the bond, or a statement of the failure to furnish proof of renewal or replacement of the bond, no less than thirty (30) days prior to the expiry of the then current bond. b. The bond must be renewed upon expiration, and proof of the renewal must be received by the City's Director of Engineering Services at least thirty (30) days prior to the bond's expiration. If no renewal is received, or cash or other approved substitute security provided, the City may, after ten (1 0) days prior written notice mailed to the Developer at the address listed in this Agreement, call the bond for failure to timely renew. c. If the bond is called for failure to timely renew, the money will be held in an account, as if cash had been posted in lieu of a bond. The City shall not be liable for any interest on any bond so called. d. To be acceptable to the City, the company issuing the bond must be: (1) Licensed in Texas. Deferment Agreement.doc (2) Authorized (certified) by the U.S. Department Of The Treasury Financial Management Service to give bonds to the Federal Government. (3) Approved by the City's Director of Financial Services. 5. Upon completion of the required improvements, including installation of public water lines, by December 20,2006, 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 bond to: Costa Tarragona I, Ltd. C/o Matt Shoemacher Project Manager, The NRP Group, LLC. 5309 Transportation Boulevard Cleveland, Ohio 44125 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. 6. If the required improvements, including construction of the of public water lines, have not been completed by December 20, 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 required improvements, including construction of the public water lines, 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. 7 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 required improvements, including construction of the of public water lines, with related infrastructure improvements, the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. Defennen! Agreement.doc 8. 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. 9 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. 10. The Developer covenants to construct the required improvements, and that such covenant shall be a covenant running with the land. 11. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 13. 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. 14. 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 Deferment Agreement.doc Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. 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. 16 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 rm~ctive ,heirs~ successor~:nd assigns. EXECUTED in triplicate this K day of 't?U~\Jy~ ,2005. Corpus Christi Housing Finance Corporation ("Developer") 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3220 ~ By: i qe' rg . Noo Gen ral Manager STATE OF TEXAS s s S I rlt.- ~Jr~~rum~Alt yv.as acknowledged before me on the l Lft day of ~A n ~~. J.{) ,2005, by Georae K. Noe, the General Manager of the Corpu s Ch risli H ous i ng Fi nance corporal,io, n,' aTe, Xi\,hO usi ng fi na nee corporation, on behalf of said corporr~ VU--~ ~ARY PUBLIC, STATE OF TEXAS COUNTY OF NUECES tS''''''~ l~'f, ConnIe Parks ;., ~ /.. My Commission Expires ~~Of~~ November 09.2007 Deferment AgreemenLdoc CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: ~ By: I - ARMANDO CHAPA, City Secretary By: @,- Gj!c>rg K. Noe City anager THE STATE OF TEXAS S S COU~TY OF NUECES s (YJ(t--- This~tfU,re"ent was acknowledged before me on the (lJ day of -l A/ , 2005, by George K. Noe, City Manager for the City of Corpus Christi~ a Texas municipal corporation, on behalf of said corporation. ./2t'-'~ ',? ,2005. APPROVED AS TO FORM: This / r day of , '\ By: -~ ( '\--t Joseph arney' , Assistant City Attorney For City Attorney " I ! i-,~Cj)'-~Li~:. AllHIOM1Ll:.. 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I..l~ !I':I)I ..1 'lal EXHIBIT 1 ~I: zCJ c 0;0 ~~~ai~~ :"1 ;0[: nll: :I: 0- ~5;-1~~ ~~::tl~ i ~~~~~ . al~ ~~ i ~. f ~ I ",. ~ :-' ~ !!I'liil;i'I;;i!lIII!I!li:I'I~i~~ .~I i~lllllil I.!-,_ -11111 I~I ~I.. !llil-.1 I '1'111 I I =1111 i!!iI!.!:i1i!l;i 1.1'11 ;111'11!11!l1 I~~I ~~III ! II III .: I I ,s..11 ;- ! ilil~ il!~ i-I=ill il!liill :1 · I, i}1 I!:' I II~i 1.;llil~'1 . ~. ~I,~! I I · ~I @ iI ~~~~t,I r"II!"': sP M <;) ~ 1~;:91i1.IIU..II.UI;IIIIII; 6 1111'11:1 I .1111"11 I II ~ ili~1 i ~! JI I a! i ;I~l / /L.JJ / ~ ;40.". r ~. ..", EXHIBIT 2 " LJ :J Q C/) Cll ~...... -- CIEICII> .... DiQE: oc:r. zaoo LJ :J Q C/) Cll EXHIBIT 2 Eng: Murph Hudson By:agr 1!1:~t-- __ DESCRIPTION A.:. vv.~ter Improvements 1 i8" PVC C-900 t=-- - -~-- -- - -- 2 Fire Hydrant Complete In-Place --I=:- ----- -- -- 3 iTie to EXisting Line - -~------------ ---- ---- 4 18" Cap with 2" Blowott Valve and Riser - .. - I - ----- .~- ------ _ 5.190 DegrE)e D.I Bend _____ 6 !peflection (f:'ipeline EasElment) EXHIBIT 3 SEPTEMBER 26, 2005 Job NO.18423.A5.01 UNIT PRICE 1,441 LF $35.00 4 EA $2,669.00 1 EA $750.00 1 LS I $250.00 2t Ea $300.00 _ _=:II L_S $10,000.00 OFF-SITE WATER SUB-TOTAL: ----=~=r CONTINGENCY @ 10% TOTAL COST $50,435.00 $10,676.00 $750.00 $250.00 $600.00 $10,000.00 $72,711.00 SUB-TOTAL: $79,982.10 $7,271.10 -_.-'--------~_. ---~-~----------- ._~~------_._._._" B. ENGINEERING AND ADMINISTATIVE COSTS: _! Ef'lgineerfee_@.8.0%- $6,398.568 ESTIMATE FOR DISTRIBUTION WATERLINE for WEST PARK ADDITION Lots 2 and 3 QUAN.__~ . QUAN. +_ UNIT , 10% SUB-TOTAL: $6,398.57 GRAND TOTAL: $86,380.67 REQUIRED DEFERMENT at 110% $95,018.74 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 -t I. 1 of 1 EXHIBIT 3 ~ =- iE ~~ EXHIBIT 4 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 CORPUS CHRISTI HOUSING FINANCE CORPORATION STREET: 1201 Leopard Street CITY: Corpus Christi, TX ZIP: 78401 FIRM IS 01 Corporation 02 Partnership 03, Sole Owner 04. Association 05. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Job Title and City Department (if known) None (nonprofit entity) 2. 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 None (nonprofit entity) 3. 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 None (nonprofit entity) 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm" Name Consultant None 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 will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person' Geor e K. Noe (Type or Print) Signature of Certifying Person:_ Title: General Manager Date: i'}r{1~ EXHIBIT 4