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HomeMy WebLinkAboutC2005-709 - 12/20/2005 - Approved DEFERMENT AGREEMENT STAT! Oil TEXAS I . COUNTY OF NUECES , Thil Agreement Is ente.-d into between the City of COrpUI Christi, Texal ("City") and Sage Properties ("Developer"). and pertains to d.rral of the Improvements required prior to flUng the re-plat of f~nnan Ad~ltion. lotf '-11. ejock 2 & Portion gf ~av View AYMUB, which was approved by ptannlng Commlalon on October 5. 200~, a copy of the plat is attached and incorpora~ 88 Exhibit lIA." WtEREAS, the Developer Is obligated under Section III. Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (76%) of the required Improvements, before the final plat Is endorsed by the City's Director of Engineering; WHEREAS. the Devllloper 18 seeking to det,r the construction of some of the pubUc ImprQvements, (the lIo.rerNd Improvements', _ required by the City's Platting Ordinance, as shown on Exhibit "B", caples of the approved engineering conatructlon drawings, which are attaahed to and incorporated into this Agreement. for a period up to two ye.rs;' WHEREAS, the Developer 18 seeking to have the plat filed with the County Clerk of Nuecea County. Texas, before completion of the required Improvemen", a8 required by Saotion Ill, Paragraph H, SubparagFllph 8. of the Platting Ordinance: WHEREM, the Developer will deposit a letter of credit In the amount One Hundred S..n "Q'louIand One Hundred OM! dollars and S~lne cents CS107.~01.69), ........nttng 110% of the estimated cost or conetructing the Deferred Improvements. all as shown on the attached coat estimate, which Is attached and Incorporated as Exhibit nc., with the City; WHEREAS. the City Attorney and Director of Flnl\nc8 have approved this transaction; WHEREAS. the Developer has satlafied all other 8ubdiviaion requirements, park dedlcationa, park dediClllion deferment agreements, and maintenance agreements and all.peci.1 covenants haw been completed; and \ WHEREAS, the Developer 18 entering into this Deferment Agreement as required by s.ctlon V, Paragraph A, Subparagraph 3.b) of the Platting OftUnance. NCWV, THEREFORE, the City and Developer agree a8 follows: 1. The City agrees to waive the requirement that deferred improvements be completed before the final plat Ia ~rsed by the Clty's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the public Improvements (referred to in this Agreement 88 the Cererment Agreement ... 8Ige Properties Pag.1of5 2005-709 12/20/05 M2005-441 Sage Properties "Deferred Improvements") 81 shown in Exhibit "B", for up to two (2) years from the date of this OeJer'ment Agreement 2. The Developer agrees to construct the Deferred Improvements, in accordance with the City'. engineering standards in etfIIct at the time of construction. 3. The Developer 8S11'8" to deposit a total of One Hund"q Seven Thousand One tlYmktd Ope d*rs and Sixty-t\line cents (lj07.101.69l, in the form of an Irrevocable letter or ~It l880ed by Reqione Bank for 110% of the estimated coat of constructing the Deferred Improvements. with the City, in a form approved by the CItY. Director of Financial ServiCes. on or before the plat il filed with the County Clerk. and if the deposit is not made by that time thia Agreement Ihall become null and void. . 4. Upon completion of the Deferred Improvements within two (2) years from the date of this Agreement, or later time 81 may be mutually agreed upon by both partia, and upOn acceptan~ of the portion of all of the Deferred Improvements by tne City Engineer end upon t;1OIY'pllanC8 by the Developer with the remaining tenns of the Deferment Agreement, the City Engineer shall: B. Immediate" release De~loper from the obligations to construct the Deferred Impro~. by mailing a Release Letter to: Sage Prapertl.. 8303 Beverly Hili HoUlton, TX 77057 b. Return to the Developer within sixty (80) daya of the completion of the construction rI the Deferred Improvements and settlement of the construction C08t8, the I~tter of credit and .ny balance remaining of all monia. received by the City from the Developer, including any Interest eameet for the portion of the Project. &. If the Deferred Improvements have not been completed within two (2) years from the date of this Agreement, or If the Developer fails to deposit any increased security 81 set out below, after notiGe to the Developer and opportunity to cure .s stated In Paragraph 7 belOw. the City may call the letter of credit and transfer the amounts received, including any Interest earned, to the appropriate City fund and the City will then begin completiOn of the conttruction of the Deferred Improvements with any monies AlCeived ,from the Developer, both principal and interest, remaining after oompletion of conatruction being refunded by the City to the 'Bank and the Developer, as their In....... may appear. If City constructs all or any part of the Deferred Improvementl. the Developer agrees to reimburse the City for any additional cost of the Deferred 'mprovernenta, If the sum of money and interest pro~ inadequate to complete the o.Ierrecl Improvements within Der.m1Int Ag/eemInt - Sage Prapenfes P-oe 2 of5 thirty (30) days after City complet.. the Deferred Improvements and bitt. the. Developer. . 6. The City and Developer agree that If the Oe~eloper formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the Deferred Improvements, the letter of credit and any money received by the C~ty from the Developer remaining on depOIlt, plus Intereat eamed. will be released and immediately returned to the Developer. 7. If Devefoper defaults In any of Its CQvenants or obligations under this Defennent Agreement, the CIty Engineer will send Developer and the Project Engineer written notice by certified mail, r~um receipt requ.ted, advising Oeve~oper of the default and giving Developer thirty (30) days from data of receipt of the letter to cure the default. If the Developer falls to cure the default after receipt of the notice and opportunity to cure, the City Engineer will exerelae the City's rights under the letter of credit and transfer any monies received and interest earned to the appropriate fund of the City to complete the Deferred Improvemente. 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 Deferred Improvementa, the Uce88 monies, bath principal and Interest, shall be refunded to the Bank and the DeveloPer, as their In..- ",.y appear, within sixty (60) days or the compllltlon of construction and settlement of construction contracts. 8. The Developer agrws that the City, after notice in writing to the Developer and Project Engineer, may accelerate PIIyment or performance or require additional security when the City Engineer ~etermines that the prospect of payment or perfonnancel.q~ionab.. 9. The Developer covenants to conatruct the Deferred Improvements, and that this covenant shall be . covenant running with the lanc;l. 10. The City's Director of Engineering Servicea, at DeV8loper's expense, shall file of record this Deferment Agreement in ttle records of Nueces County. 11. No party may aealgn this Defennent Agreement or any righta under this Agreement without the prior written approval of the other party. 12. Unle88 othefwlae ltaled in this Agreement. any notice required or permitted to be given hereunder "'all be.in writing and may be given by personal delivery. by fax, or by certified mail. and if give", ~a1ly, by fax or by certified mail, shall be deemed suft1ciIntIy given if add....... to the appropriate pIIrty at the address noted above the elgnature of the party. Any party may t by notice to the other In accord with the proviaicine of this paragraph. specify a different address or addressee for notice purposes. Deferment A&nIement - SIIge PropeI1iel Pqe3of6 13. Thl8 Agreement shaH be construed under and in accord with the laWl of the State of Texas and all <JbligatiQr18 of the parti.. created hereunder are performable In Nueces County, Tex.., and all lawsuits pursuant hereto shall be brought in Nueces County. 14. The Developer further agrees, in compliance with the City of COrpU8 Christi OrdlNlnce No. 17113, to complete. .8 part of this Agreement, the Disclosure of Ownership Intereata form attached to this Agreement as exhibit "D." 15. The City agrees that upon the "execution of thla Agreement, the posting of the required letter of credit with the City, and the provision of operable water and sewer servioe a8 r.quired by the Platting Ordinance, the City immediately will file the plat and proceed to asslg" add,.... to the Iota identified In the plat and authorize the illuanee of building permits for the con8trudlon of relldences on the iota, subject to compliance with appli*1e technical construdton codes and proced",,.. con~ming the lsauanee of conltruction permits. The City acknowledgee that Developer intends to defer the construction of public Improvements until the con8truction of the apartment complex. The City will not be required in any event ~ lsiue a certificate of occupancy for a facility until the public Improvements .nd all required utilities and other infrastructure improvements on the lot have ~ completed. Developer shaH be required to nave all public and Infrastructure improvements conatructed In the subdivision within two (2) yeara from the date of this Agreement. 18. Thia Agrwment shall be executed in triplicate, all original copies of which shall be oonsldered one instrum~. When an ,original copies have been executed by the City, and at I_t two origi..1 copies have been executed by the Developer, this Agreement lhall become effective and binding upon and shaH Inure to the benefits of the parties and their respeCtive heirs, succeasors and lIIigna. . 2005. 08f8rment AgIHIMnt - 88ge Prapwtiet P8ge4of5 THE STATE OF TEXAS 8 5 COUNTY OF NUeCES ~ /' l c:. fh Th' instrument was acknowledged before me on ' '1 C. _ J I 2005. by J P. Chlrp,uist:-f're8idllNlt or Sage Properties '-'rf I v 12U ry Public. State of Texas () TERESA M. GARZA MY COMMISSION EXPIRES JUIlI17, 2OlI8 CITY OF CORPUS CHRISTI p, 0, Box 9277 Corpus Christi, Tex. 78469 Telephone: (381) 880-3500 Facsimile: (361) 880-3501 AlTEST~_ . By: f / Annando Chapa " City Secretary By: k City Manager APPROVED AS TO FORM: This (( day of ftc.-- ,,~ . 2005. Ik ~ ,4.-.. M'iiij K. Fisch r, City Attorney THE STATE OF TEXAS I S COUNTY OF NUECES I , J. , ') ,0-- }..n ll. /l. }'.. _ T~ instrument was acknowledged .before me on the ~ day of ~~5, by ~, K. Noe, C nag" Ir, for the City Of Corpus Christi, a Texas municipal corp~on, on beh the.c-prporation. " 'Ju~ Texas ,I ,.l'V P = Deferment AgIHment - s.ge Propertiea /',Il,*' u't Connie P.ar1lS Page 5 DID I' C; M . Ir, :' Y Comrr 'SSlon Expires L ~OF~ November )9,2007 \; /; <~..IiJJ I 11, ~AOTHOiID:~ 'IV OO~f'~;\ ..._Ll:fJ~jQs ,,, ........ ........... ..... ..f5!...-__./ (.:~;~~t ,A~" ( /L-/' '" ~ r /~ /j' i / ! . t , ! Ii' / ~ "~, <,i)JUST "ANHaL[ Rl" '0 MATCH EXISTiNG - -- ;~ADE - - " EXHIBIT TITLE: J ~ ~1:;:ll1t ".. ~1'!II"G" ~/' ::~ / ~~ '1'11 l \ ' ..' ,. il I~ \j :::: JC i ':,., / / ',:~ :f~~" , ", ~'I' ! 'II:: -~ 1)11 :::1: 11)11 all :.-:: r!i ii' I I I I ~ i ;' , ~ :1: i io! / , .,' rl: ~ ~ ~f': 11:11 I I I I' I~(, I il y~ ~~ r'!', ili;l; 11)\,' +~ ~ i~ ' Ii ~,',' ,\ ::~ 'I!; III: 30'/ I . !ll i .~Ij ,I, ! i ~i' / " , . . , ,..... . " " .f f: v o ." .' illOWNSPOUT eJCATION ; (T'lf'1CAl) -~.< ,~ . .,. .~ I Y'-"'~~ J m ~7?6P I I -_OJ . ~ · l. , . . ... lI~p~~,~~~ PUBLIC IMPROVEMENT DEFERMENT ,seA_E: 1"=40 171) .....,. "0'" ~ CMIIPl. Tll.rao&16-UI.!, r.'''-'''Ol ,NI.!.'....-aIO' BAY VISTA APARTMENTS CORPUS CHRISTI, TEXAS JOB NO, 39657.00.00 DEC. 2005 RCU/kp '~I.~--:W:-~--:';;"~':'-"'..i...-- ------;;-~---- .~ ~ ".. ."f ,,,f . .- RElAOIIE & DISPOSE 0, EXISTING SANITARY SEWER UNE , .' I I I I I I I I, ~t . " ... ...9'..<i . ~l " . , . " . " 9',5' HDPE- 2(.8' HDPE- . " . ;,,,,1- . " . H ."f AREA~ AREA DRAIN RIM-36.00 R'~=J8.00 FL=J6.25 'l"J5.50 I ~ . .' ~ 0: . " RE"IJ'IE AND DISPOSE 0, EXISTlNe SANITARY SEWER UNE IWIClICIC MIIUI: . .' SHEET 6 OF 11 SHEET NO. EXHIBIT 2 ,; f' SJ"rll rIiiI il1IfilIlt.. ~f(I = = = = = SIt! = == = = SJa:= = === SJ1I= === 5TD: .-...... ~~~?~-~~-=- -' '~F =.:sm=::::::::::sm~~_:::-.. PAv[MENl REPAIR '~~_ n"".~r----~-~ ~~":,::,.:l if - ~="+'" :/ ~""?;"-' r :~.." ,.r'C~=, '=1.' ~ c' ~k ." . ~ . i DE U;T~N POND .._....'.. I . II' UNDER GARAG~ ~ _n~ ----j . ~-- ~=~:~. _:W-~-~::::;='~"'--...:...:=-~,=w__':--i!. - ---O-"~ )Sl:";+ ~" SfWfR LiN[ .' . " '~SEE SHEET 7 ~OR DfF"iTION POND DETAiLS [>; r . " . ," ~ . ... . " J ~8" HDPE . " i -.j 5',6' 77' :-:'""77777777'7-7777777777 , /////////////, ////~. ......J .. .~-f ~ --l,r--n I - --~-"\ ", .' " " /.' .... . . ~ ~.;-(6. i-OPE 2~-x8. HDPE-. ...~..~ .' .1.:..,-' .} " l w;-.,; AREA DRAiN i -00 RIM"'J8.00 5 ,. . 36.5C ... ! I-~~--'--' i I I ; I ~ 2"18' j 7',6" HOPE =w= jD DISPOSE ~ ~ITARY SEWER LINE IMNCOCIC MNUI . .' _1.J g u ~ PUBLIC IMPROVEMENT DEFERMENT ~ lI~p~~,~~~ SHEET 6 OF 11 SHEET NO. EXHIBIT TITLE: "lS~' ',Il" ~ ~~ '!Il7ao'''~~. (.M'''-JIOI FAt. IJIII)n4-1OO1 . SCALE.: 1 "=40 BAY VISTA APARTMENTS CORPUS CHRISTI, TEXAS JOB NO. 39657.00.00 DEC. 2005 RCU/kp PROBABLE COST ESTIMATE FOR PRELIMINARY LAYOUT PROJECT: Bay Vista Acartments DATE: 12/15/05 i- JOB NO. 39657.00.00 ,Item Descri otion puantity + 50;' Unit Unit Price Total Amount A. Public Improvements 1 4' Diameter Man Hole (5'-8'Deep) (Sanitary) 1 EA $3,500.00 $3,500.00 2 Connect to and Rehabilitate Existinq Man Hole 1 EA $4,000.00 $4000.00 ! 3 Tyoe B Man Hole (Storm) 1 EA $3000.00 $3 000.00 ! 4 Slot Inlet 4 EA $1 600.00 $6 400.00 - 5 Grate Inlet - 2 EA $1 200.00 $2 400.00 6 ReconstructToo Of Inlet 4 EA $480.00 $1 920.00 ! 7 TaD Existinq Inlet At Flow Line 1 EA $500.00 $500.00 8 6" PVCIC-90Q) 37 LF $25.00 $925.00 , 9 18" RCP 20 LF $33.00 $660.00 10 15" RCP 8 LF $30.00 $240.00 11 Pavement Reoair 27 SY $70.00 $1 890.00 12 6" L Curb 1483 LF $12.00 $17 796.00 13 Pavement Reoair at Curb 330 SY $51.50 $16995.00 14 5' Sidewalk 7415 SF $3.75 $27,806.25 15 1-1/2" HMAC Inc. Prime Coat 80 SY $8.50 $680.00 16 6" Lime Stone Base 80 SY $8.25 $660.00 17 8" Lime Stabilized SubQrade 80 SY $7.50 $600.00 i 18 Traffic Control 1 LS $600.00 $600.00 i Construction Cost SubTotal $90,572.25 I Engineering Fee @ 7.5% $6,792.92 I i I Total Cost $97,365.17 , I - $107,101.69 Total Cost +10% ~ .. 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" FIRM NAME: STREET: Saae Properties 6303 Beverlv Hill CITY: Houston, TX ZIP: 77057 FIRM is: Corporation [] 5 Other 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 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 N/A Job Title and City Department (if known) 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 N/ A Title 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 N/A Board, Commission or Committee 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 3% or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICA TE 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: ..Ja~. Charnauist , peo.r~ ' .'1 '~ I . "~lll Signature of Certifying Person: i . i ,~i / ' ~ Title: President Saae Prooerties Date:1.tt.--k G... ~ (;0 \.. .- -( EXHIBIT 4 DEFINITIONS a.'Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas b 'Employee' Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c'Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d 'Official' The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e 'Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation