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HomeMy WebLinkAboutC2006-012 - 1/17/2006 - Approved DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, Texas (IICity") and Peacock Properties ("Developer"), and pertains to deferral of the certain improvements required prior to filing the final plat of Chris Rae Addition, Block 1, Lots 6 & 7 (the "plat"), which was approved by the Planning Commission on January 11, 2006. 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, before the final plat is endorsed by the City's Director of Engineering Services. Detail construction drawings must 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 defer, for a period up to one year, the construction of the off-site 8-inch sanitary sewer collection line, as shown in Exhibit 2, as required by the City's Platting Ordinance; 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, with the City of Corpus Christi, a cashier's check in the amount of Seventy-four Thousand Five Hundred Seventy-eight Dollars and Ninety Cents ($74,578.90), representing 110% of the estimated cost of constructing the off-site 8-inch sanitary sewer collection line, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; 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 Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance; and NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 2006-012 01/17/06 M2006-009 Page 1 of 6 Peacock Properties 1 The City shall waive the requirement that construction of the off-site 8-inch sanitary sewer collection line be completed before the final plat is endorsed by the City's Director of Engineering Services and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the off-site 8-inch sanitary sewer collection line as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2 The Developer shall deposit, with the City of Corpus Christi, in a form approved by the City's Director of Financial Services, before the Agreement is approved by Council, a total of Seventy-four Thousand Five Hundred Seventy-eight Dollars and Ninety Cents ($74,578.90), by cashier's check (Exhibit 4) for 110% of the estimated cost of constructing the off-site 8-inch sanitary sewer collection line. 3 The Developer shall construct the off-site 8-inch sanitary sewer collection line, in accordance with the City's engineering standards in effect at the time of construction. 4 The City shall place the Seventy-four Thousand Five Hundred Seventy-eight Dollars and Ninety Cents ($74,578.90) in an interest-bearing account. Both pnncipal 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 off-site 8-inch sanitary sewer collection line hereunder. Such funds shall not be used for any other purpose whatsoever. 5 Upon completion of the off-site 8-inch sanitary sewer collection line within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the off-site 8-inch sanitary sewer collection line by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the off-site 8- inch sanitary sewer collection line by mailing a Release Letter to: Peacock Properties 3300 South Gessner Road, Suite 165 Houston, TX 77063 b. Return to the Developer within sixty (60) days of the completion of the construction of the off-site 8-inch sanitary sewer collection line and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. Page 2 of 6 6 If the required improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased 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 money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the off-site 8-inch sanitary sewer collection line 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 required improvements, the Developer shall reimburse the City for any additional cost of the off-site 8-inch sanitary sewer collection line, if the sum of money and interest prove inadequate to complete the off-site 8-inch sanitary sewer collection line within thirty (30) days after City completes the required 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 completion of the construction of the off-site 8-inch sanitary sewer collection line, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 8 If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the 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 receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the off-site 8-inch sanitary sewer collection line. 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 off-site 8-inch sanitary sewer collection line, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the off-site 8-inch sanitary sewer collection line and settlement of construction contracts. 9. The City reserves the right not to issue the Certificates of Occupancy for this development until the 8-inch PVC off-site sanitary sewer collection line is installed and accepted by the Director of Engineering Services Department. 1 D. 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. 11 The Developer covenants to construct the off-site 8-inch sanitary sewer collection line, and that this covenant shall be a covenant running with the land. Page 3 of 6 12. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 13. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 14. 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 above the signature of the 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. 15. 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. 16. 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 to this Agreement as Exhibit 5. 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. Page 4 of 6 ,,6 EXECUTED in triplicate this '/ day of J ~K~Y i ,2006. Peacock Properties 3300 South Gessner Road, Suite 165 ::uston,~~~ Randy Peacoc THE STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on Randy Peacock of Peacock Properties. ~~- Notary Public, State of Texas S~y Cf , 2006, by "~~~''- r~'~'Ti~ . ,....~i lir..~"'''' DEBRA FONTENoT MY COMMISSION EXPIRES AIlgu8I18,2008 Page 5 of 6 CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST~ By: . .~ // AnnandoChapa .. . City Secretary By: \ )/1 \...... ~" Geor K. Noe City . nager APPROVED AS TO FORM: This I/f< day of , ~_'"",<2/{ , / , 2006. . . j. /'7,'. i ~ M~~t!.&Fi~~~r, c't:~~~~e~ THE STATE OF TEXAS S S COUNTY OF NUECES S . . n , 12 (iJ'( \ This instrument was acknowledged before me on the rJ:.L day 0 by George K. Noe, City Manager, for the City Of Corpus Christi, a cor. ration, 0(1 b alf qf the corporation. "WI Notary Public, State Of Texas , ,s"VPu I 0'" II \. Connie Parks 1! :!l~ (1 <5. ~ ~ My CommissIOn Expires I ~~Of~ November 09.2007 ~ ." 1 \", ~ . .' c:. ,__ U uy - L U I Au !"\V".I....~ ..."....-.._........-,-----_.~.. ':1'f f)'M~CI\. ._J../Jl-+~ 'g .r ,,_ _ ._..................._........il . q~ A'Ift j ./J l.v'- Page 6 of6 t&~- ,\ - 0,,1 ~ 0 ~~ \ '"t I 4.... ~ ...... 5: '" ~ c~ 1:) c: () ^O; ~-- ? ~ ~15 'ill. ..,>/'. Ii ! i '! I Ii I' 1\ .---1J % ~ t::: t. .~ "!: ..... - '""", ::: :\:l ., ~\Q ~ ~ C( lU...... 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SANITARY SEWER IMPROVEMENTS: -'-~'--'--"-'-" ----- 1 8"PVc;-15'=-8' Cut) 28' F'Vc;t8'=10' C_u!t 3 8"t='YCJ1 <!'-12'_c;lJt) 4 OSHA Trench Protection ,.....".-----..--.--- ------- 5 Class 'D' Embedment --_..~. .-- --.--------- 6 4' [)ia~t~ Manhol~(~~~.~~eel 7 4' Qiarnete-,"- ~antlole {~~=_10'Qe~) 8 ,4'[)ia~t~ Manh~I~(l()'-l2' D~p) 9 Tie to Exis!in9_~"~b-out 1 0 Remove and Replace Conaete Sidewalk 9 . Remove and Replace- concrete-DriVeWay 412 360 470 1,242 1,242 2 1 1 3 5 1 LF LF LF LF LF EA EA EA EA EA EA $24.00 $28.00 $30.15 $1.50 $6.25 $2,200.00 $2,600.00 $3,000.00 $750.00 $440.00 $4,001.74 SANIT MY SEWER SUB- TOTAL: --.,.----- ENGINEERING @ 7.5%: J- - --,------- -- ....-- - -- ' ---_. --- ::>ANII_~T ::>:=VYi::.~' u, AL: I L_ : 110% OF TOTAL: - -- No~: No allowance for Easement ~uis~ is.provided L- Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 January 6, 2006 Job No. 28400.A4.01 +__ TOTAL , COST $10,080.00 __ $10,276.00 $14,441.85 $1,900.50 _ $7,918.75 $4,400.00 $2,600.00 $3,000.00 $2,250.00 $2,200.00 _~lOOl.74 $63,068.64 $4,730.16 ;:j)or ,r::r::r.uu $74,578.90 I Exhibit 3 II Page 1 of 1 AMEGY BANK N.A. _~O~X 21459 H{)~T?~. TEXAS 77227-7459 --~--,,,,--,,,.,-,--".-''-~~'''~'.......''''- '-'-_.~. PURCHASER: Arijl:ijy Bank of-Texas 360&1491 PPI~9cld Field EXAc~~~\~~~\;.*~~JI Seventy cour l11ou~d Five Hundted Seventy Eight Dollars and Ninety Cents lO.Bb no --->~ -'-'.'-'.- -,-.........---~--~.~~_..~_._._~.__._~_.," - -".:..... V.~ifoVei~74,518,90 DATE 12/7 /2005 AMOUNT $74,578.90 issued by Integra~ P~ymenl Systems lnc , Englewood, Colorado T0 Citibahk NA, Buffalo, NY ". PAY TO THE City of Corpus Christi O'RDER OF . .________n___.___ .___________ II" L. 5 l.?0 l.1i" 1:0 ~ 2000B \;BI: 2 500 g B B b j 20 5 B gil" II Exhibit 4 II Page 1 of 1 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.". (.J . j ." , ~ FIRM NAME_ elA.(()C!( I r'of~yi-,e>. I'LL. STREET 3300 J. &efl1ey .tf!,~ CITY:~.r TY ZIP: 77063 FIRM is 1 Corporation __.1_ 2 Partnership 3. Sole Owner 4. Association _ 5 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) ._ IV ,/L.____ ____ 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 I Title -----1LUL----- -- 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 I Board, Commission or Committee ~/A .', , "L.:!l-.__...._.,~_.___ 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 Consultant #//1 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 Chris~Texas as changehoccur Certifying Person: ~"^" /' I-t'a UJ cK.- Title: /l1~e -Ir.er,'d~ ./ .//"'~ ..1 (Type or Print) . / ~ _ / Signature of Certifying Person !~(I~ Date / - 9- ~ ~ II Exhibit 5 ~ 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