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HomeMy WebLinkAboutC2006-042 - 2/14/2006 - Approved DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City") and Value Place Brownsville LLC, a foreign limited liability corporation authorized to do business in Texas, (hereinafter "Developer"), and pertains to deferral of the required completion of certain Improvements required prior to filing the final plat of Value Place Subdivision (the "plat"), which was approved by the Planning Commission on November 2, 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, 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 WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water, wastewater, paving, and drainage improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, as required by the City's Platting Ordinance; 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; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a cashier's check in the amount of One Hundred and Thirty-Five Thousand Nine Hundred Forty- One Dollars and 70/100 ($135,941.70), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3: WHEREAS, the City Attorney and Director of Finance have approved this transaction; 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; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A. Subparagraph 3.b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 2006-042 02/14/06 M2006-03i Value Place Brownsville Page 1 of 6 1 The City shall waive the requirement that construction of the water, wastewater, paving, and drainage public improvements 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 water, wastewater, paving, and drainage public improvements 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, a cashier's check in the amount of One Hundred and Thirty-Five Thousand Nine Hundred Forty-One Dollars and 70/100 ($135,941.70), before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. 3 The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4 The City shall place the One Hundred and Thirty-Five Thousand Nine Hundred Forty-One Dollars and 70/100 ($135,941.70) in an interest-bearing account. Both principal 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 deferred improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 5 Upon completion of the deferred improvements 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 deferred improvements 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 deferred improvements by mailing a Release Letter to: Value Place Brownsville LLC 8621 E. 21st Street North, Suite 250 Wichita, Kansas 67206 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. 6 If the deferred 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 Page 2 of 6 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 deferred improvements 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 deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements 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 deferred improvements, 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 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 deferred improvements, the excess monies, both principal and interest shall be refunded to the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 9. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the Director of Engineering Services Department. 10. 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 deferred improvements, and that this covenant shall be a covenant running with the land. 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. Page 3 of 6 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 4. 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 ",,~..,. ~~"""".. ""~~'"-""~~''''-''-''^----''-''-' ,.....,. EXECUTED in triplicate this. 7~aY of h U r G(Q 'I ,2006. Value Place Brownsville LLC 8621 E. 21st Street North, Suite 250 VJf,~I~'ta, Kans, ' 7 /y By: c-./ Randy Shaffer, Clef Financial Officer THE STATE OF Kansas S S COUNTY OF Sedgwick S t-- This instrument was acknowledged before me on ,e.hru.':'7 7 Randy Shaffer. of Value Place Brownsville LLC, , 2006, by ~ ')'7/" . . ~" / l t:L v t ;!<--Vf.: i ( I (" / ~ Notary Pub c, State of Kansas ~ ,;'''''' , \.,' ?'; < 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 1': \.~'\ . /...... By: /~~__ Armando Chapa (j City Secretary \ By: Jit~ ~.~oe City Manager APPROVED AS TO FORM: This 1~ day of. ,cebrua,,1.I ,2006. ~ tAJan,lbc.. Gary . Smith, Assistant City Attorney For the City Attorney '" I . L, 1'l I I ~ C'Ll.,c - ') AUl"U~Ij,.L ; ~..c,~ .==~~.!.r:!.l~~ PrL ____._....H............._..."........ ~ SEr.ln Atv ( ~ 'l- THE STATE OF TEXAS S S COUNTY OF NUECES s /lllt.~ This instrument was acknowledged before me on the LL day of by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas muni corp rcati~n, on.~be~lf of\~he corporation. ~ '), ~~ Notary Public, State Of Texas \ ...~'1 P(J~ Conn,e Parks ~~'.*. ~ My Comm'sSlon Expires ~.. . - # November 09.2007 ~OFi""' . Page 6 of 6 ~i ii 1", > ~'lli ...... ~ ~ 8 ,.,~ ~ ~ z II ~~ ~ <~ ~ (l) ......, ..... lfJ ~- L I ~ '--' - eFe - ".. ?-;0v ~'~....... r". 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''\., ~ .0. 00 . co co, -e......C'? ~i~.n C\/ Z ~IoUJV;$VIO, ,,- U$.... ,..,. ~:. 1~,.:~ ~.,,, . .,' ~ t '\ ::~ ~ i~ g ~~ i 00 J ~~~! ~ .. ~ 2 .. .. ~~ ~ ; ; ~~ ~ ~ ~ d~ ~ ; ; ~~ .e. c' . r ;, '> ~, : - ~ !i 0, :!~ ~ ~;; II! I ~u , u i1u ~~U i.h :11& h~l . ill <~- lit hi 'I 'Ii !1 1.i,1 l"jf .11 8 !; '1 , :"{ !I it~~1 ~~ I 1" I"~ ; II d irhl 1 l'l II ';l I" a .. ~! .. ~ .. a~ i ~~ ~~~ I 'i: ml Exhibit 1 I i . ~ Page 1 of 1 ~ II ~ , 2/ ' Q. / E / ~ I Exhibit 2 I Page 1 of 2 / , , / ?' ~ /' 0' / ~~/ ~ b<:J~,/ ~<:' / ~ " ,.., / b<'/'" <l~" ~ K'/ ~~.' C:J~ ' / / , [ ~ S i y a j:! ~ ~ / , , (,,) .- :is :::s Q. ~ .! ca I 1) ~ "0 c: ca ... ! ~ "" ~ .. .~o dIHSON3IH:l ~ ::> I- I ;.-.~ I ~3~ I;~~ II 2:~ ",O::o-j 10. ::>..... I-U~ !':l.O 'n::2 'I ~~~ .0x:::'1 l0.....'" \'i t, 1 I I I ~ 'r--Q I 4: ei=' ~5 [8 I I I I I I J _ I ( ;; 0=1""= / I ~ liDo 2~ , <{ 0 , ~ \~~ 1~""'1Il8 11"'0~ ~I-g OVl--' n.~li:! 10- 0:: I ~ Vl 0 1-0'- (/l4(O xOz .....0::4: \ \ \ :.\~ LO ~ ffi 0>- .....::> ~U n.1Il on:: 0::::> n.u I- W --' 2 Z- OO "'..... . a.. >- N-c(~ 8~l) (/lWO 00::2 n.U:::> 020 0::00:: a..U.o: rvC ~, <?:-'V /'. ~ ..J...'?',,",,". " / / .. <) /" // ,,<-) / / " " " " " / " " " " " " " " " " / " " " / / / / lJ c CD i ~ ~ Q. E - u .- :c ::s Q. Q) 0) ca c .- f! c ~ c: ca 0) c oS; ftS Q. Exhibit 2 I Page 2 of 2 " Form Revised: 1131/2006 ENGINEER'S ESTIMA TE-QUANTITY FORM VAUIE PLACE SUBDlVlSlOlli PHASE. N/A NO DESIGN COMPLETED ACREAGE 3.28 1 PRELIMINARY DESIGN ENTITY: Corpus Christi FINAL DESIGN LOTS 3 WATER SUPPLIER City of Corpus Christi WATER IMPROVEMENTS: On site Quantity UOIt Unit Price Item Total I 8" pye (,'900 SDRI8 1.237.00 LF $ 22.00 $ 27,214.00 2 8" Gate valve w/box 2.00 EA $ 900 .00 $ 1,800.00 3 Fire hydrant w/6" valve 3.00 EA S 3,000.00 S 9,000.00 4 8" Tapping tee & valve 2.00 EA $ 2,500.00 $ 5,000.00 5 6" Fire line 8"x6" Tap tee 130.00 LF $ 10.00 $ 1,300.00 6 3" Water service line with 130.00 LF $ 8.00 $ 1,040.00 saddle coODClCtion 7 8" 45 degree elbow 3.00 EA S 330.00 $ 990 .00 8 8" 90 degree elbow 2.00 EA $ 330.00 $ 660 .00 9 16" casing SDR26 pye (if appIicoble) 60.00 LF $ 25.00 $ 1,500.00 ](j Water valve (box assembly) 1.00 LS $ 2,000.00 $ 2,000.00 Total Water Improvements: S 50,504.00 SANITARY SEWER IMPROVEMENTS: 8" PYC SDR26 (O'~. cut) 189.00 LF $ 24.00 $ 4,536.00 2 Manhole (0'-6' cut) 2.00 EA $ 2,200.00 S 4,400.00 -' 8" service connection line (ucrosJ) 68.00 LF S 18.00 $ 1,224.00 lotal Sanitary Sewer Improvements: $ 10,160.00 EROSION CONTROL: Silt fence (erosion control) 1,668.00 LF S 4.65 $ 7,756.20 ~ Inlet bales (erosion control) 3.00 EA $ 108.00 $ 324.00 - Temporary construction euImnce 1.00 EA $ 2,000.00 $ 2,000.00 lotal EroSIOn Control: $ 10,080.20 I Exhibit 3 I Page 1 of 2 MJSC":LL~EOl is IMPROVEMENTS 4" PVC Sch 40 gray conduit pipe 100.00 LF S 6.85 S 685.00 :2 Performance & Payment Bond~ 1.50 0;. S 70,74420 S 1.061.16 I ; )t~i) Miscellaneous Improvements: $ 1,746.16 1 OTAL tTIUn IMPROVEMENTS: S 72,490.36 PA.VING IMPROVEMENTS (WestPoint Road (!!OtIth h..' only) 25' ): Excavation & grading 948.00 SY $ 1.90 $ 1,801.20 :: 50'0 Lime treated subgrade 948.00 SY $ 6.00 $ 5,688.00 , LIme 11.00 TNS $ 125.00 $ 1,375.00 8" Compacted crushed caliche 948.00 SY S 13.00 $ 12,324.00 base wiprime coat I 1'2" Hot mix asphaltic concrete 827.00 SY $ 10.00 $ 8,270.00 wflaCk coat ~ 18" Curb & gutter 326.00 LF $ 11.00 $ 3,586.00 'i 6' Valley gutter 44.00 LF $ 28.00 $ 1,232.00 1 4"x5' wide concrete sldewalb 1,472.00 SF S 3.00 $ 4,416.00 1 (\1al Paving Improvements (WestPoint Road (south half only) 25' ): $ 38,692.20 MISCELLANEOllS IMPROVEMENTS: Performance & Payment Bonds 1.50 % $ 38,69220 $ 580.38 Demolition & disposal of brush. 1.00 LS $ 2,500.00 $ 2,500.00 bUIldings & irrigation slnJctures Total Miscellaneous Improvements: $ 3,080.38 TOTAL PAVING IMPROVEMENTS: S 41,772.58 OTHER FEES: Engineering design & constroction ~ 7.50 04 $ 114,262.95 $ 8,569.72 Contingency 5.00 0;0 S 114,262.95 S 5,713.15 -""1l1i Other Fees: $ 14,282.87 TOTAL IMPROVEMENTS: S 128,545.81 DetTennent Amount 110.00 oJo $ 128.545.81 $ 141,400.40 1 f sub\05098\Defered-Quantity I Exhibit 3 ~ Page 2 of 2 ~. ,........ IF . 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". ../ I ...~ /.-1 !~ / FIRM NAME fClt u r1ccce prOLA.JvfSU, f( LLC . STREET:8'~~ ,....,~\5 5f;)Jor .#~: I(e ZIP: (Prd)-Of. FIRM is 1 Corporation _._ 2. Partnership 5 Other J-,. L C - 3. Sole Owner 4. Association_ 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) ,Ut:J 11~. 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 ;i)cJ v~ 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 Nd 0/1 e. f 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 t) rJ /1~ / Consultant 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, T~s as c7anges occur. ff Certifying Person: rn vtC/y s harTi :r- Title: cFCJ Signature of certj~~:::::~:n~~L~-~~. Date 7-/ Z~ ~ . ~_/ ! II 'EXhibit 4 II 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.