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HomeMy WebLinkAboutC2006-175 - 5/9/2006 - Approved DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, a Texas home rule municipality, 1201 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "City") and Porto Villageo NO.1, LTD., a Texas Limited Partnership (hereinafter "Developer"). WHEREAS, Developer In compliance with the City's Platting Ordinance, has filed a plat to develop a tract of land Porto Villageo (herein called "Development"); WHEREAS, the plat of Porto Villageo, (Exhibit 1), approved by the Planning Commission on December 14, 2005 provides for the construction street pavement, curb, gutter and sidewalks public improvements; WHEREAS, the Platting Ordinance, Section III, Paragraph H, Subparagraph 5, requires Developer to construct seventy-five percent (75%) of the required on-site, public improvements, including construction of street pavement, curb, gutter and sidewalks, Exhibit 2, prior to the time the above said plat of the Development is filed for record; WHEREAS, Developer agrees to construct on-site infrastructure and related site improvements in accordance with the City approved construction plans and specifications; 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 improvements required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit the sum of Three-Hundred Seventy-two Thousand, Seven-Hundred Sixty-two and 70/100 Dollars ($372,762.70), which is 110% of the estimated cost of constructing the deferred improvements, as shown on the costs estimate, which is attached hereto and incorporated herein as Exhibit 3, with the CITY OF CORPUS CHRISTI WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements including, construction of storm water lines, 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. 2006-175 05/09/06 1\;12006-140 Porto \iIlageo '\0 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%) complete 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 street pavement, curb, gutter and sidewalks as shown in Exhibit 2, (hereinafter "deferred improvements"), for up to one (1) year from the date this Deferment Agreement is approved. 2 The Developer agrees to deposit Three-Hundred Seventy-two Thousand, Seven- Hundred Sixty-two and 70/100 Dollars ($372,762.70) check, with the CITY OF CORPUS CHRISTI, which is 110% of the estimated cost of constructing the required improvements, as shown on Exhibit 3, which is attached an Incorporated into this Agreement. Said check, shall be deposited with the City of Corpus Christi before the beginning of the City Council meeting to be held on May 9, 2006. Failure of Developer to deposit said check as set forth herein shall make thiS Agreement null and void. A copy of the check is attached and Incorporated as Exhibit 4. 3. The Developer agrees to construct the deferred improvements, including construction of street pavement, curb, gutter and sidewalks public improvements, In accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by May 9, 2007, 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 Letter to: Porto Villaaeo No. 1. LTD.. a Texas Limited Partnership 703 Osuna Rd. NE Suite 6 AlbuQuerQue. NM 87113 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. 5. If the deferred improvements have not been completed by May 9,2007, 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 7 below, the City will withdraw and transfer the balance of the amounts received, including any Interest earned, to the appropriate City fund and the City will then begin Deferment Agreement cash version doc completion 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 the City constructs all or any part of the deferred improvements, the Developer agrees to reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete the deferred improvements, within thirty (30) days after City completes the deferred improvements and bills the Developer 6 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 deferred 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. 7 If Developer defaults in any of its covenants or obligations under this Deferment 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 deferred 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. 8. 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 9. The Developer covenants to construct the deferred improvements, and that such covenant shall be a covenant running with the land. 10. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 11. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 12. 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 Defermenl Agreement cash versior, doc 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. 13. This Agreement shall be construed under and in accordance with the laws of the State of Texas. All obligations of the parties created hereunder are performable in Nueces County, Texas. Any and all lawsuits pursuant hereto shall be brought in Nueces County, Texas 14. 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 as Exhibit 5. 15. 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. Deferment Agreement cash version doc EXECUTED in triplicate this ;)811- day of Af/~I i.- , ,2006. o McCall Porto Villageo No.1, LTD., a Texas Limited Partnership ("Developer") 703 Osuna Rd. NE Suite 6 Albuquerque, NM 87113 By: . J1,~~ ~ #-.E\iL.J ,<<,B~I {!D STATE OF TeXAS S 'BeR.1\lIt L..i U.c S COUNTY OF-NUECES S This instrument was acknowledged before me on the dgrt- day of A .p I?-l ~ , 2006, by D. m~elt L-L. , in the capacity herein stated and as the act and deed of said entity. . lJFlCIAl SEAL . .. 1WI 'fOUNQlkOm . ............Of_~ _........... ~ ~ fpsif2.f3 =~~XAG . 1t)E:v..; ,uE}(.1 CD Defermenl_Ag reemenl_cash _ versi0'1[2] CITY OF CORPUS CHRISTI ("City") P.O Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST _ . ',: .. ..--' ,/".... .'~' By: ARM{~-- City Secretary By: ~ GEORGE K, NOE City Manager THE STATE OF TEXAS COR I JL nt w7S acknowledged before me on the / Y day of , 2006, by GEORGE K. NOE, City Manry,er for the CITY OF TI, ,I ...tp-V"~ ._uni,c,_~_ClI_corpor,atiP,n, on beha. f said corporation, j> _ i.~' "'.'"'' p".,~ IJJll, J . I . ~ Ii _ ""~ (1 .. .. i '1~!,\_/" 111,/' i..' 'I',./I\,~ :~"-"".T' ",-. ~ ", ';. J'-.. ~ .. '~'.. ' "_~'ll(n t :(plr L~o,~"c~e"[),,, dice N TARY PUBLIC STATE OF TEXAS ---~_.:-:.'':;':-~-:::;;'-~.~ --.::~-:.:;.;~ ' s s s COUNTY OF NUECES This' APPROVED AS TO FORM: This ~Hi _ day of By: Gaifg~~II.; )mdi. ----- Assistant City Attorney /) }tL \.j ! ,2006, For the City Attorney ro2v,~~..I.~~. ~Ir:~ \iY ()"i~~ll ~_._~ ............Jl? /'/1 q~r,JilrTU'" \ VL-/ Deferment_ Agreement_cash _ version[2] .-- N ~ 0 ~ ~ J1 I I Ii I OJ) Z,31 ~ il~l I I I'jl i ~ ~ Ji. , n I ~ & ,. € ~ f!h I 61 J f'l' I h I ~ Ip , ij'll j H ! ) ~ !lIt ! ! =:l 1: g il ~ JEll I i i l I t J ! ~ I \ 1111 Ii i ~ i s i II ~ == i I r 1 1'\ ~ ~ i~lt I ~ I' J ~ t &, I ! ~ :it b H ~I II,. 11~lt !, I lJ ,1Il1 I I Illl 1 It ~! I ' 'I I ~ i, < : !li:1 ~l 1 ~f!l ; ~. I- f ~I 'f i to jl j !! }tit 1 Iii JI U f I il'1~ Ii ~ I I~ JJ u I "I J,,, t] (I hi "1 ~ ..; ..~ P I if !Iili ~ I~J d,l ! n n d l I it!f!! IJ ~ 'll ul ~ \, oj ~ l_ ~ i~ i rCc= f' r if~ , r-i2 c ~'I ~ ~ ~ ~~ -~ r !t.l1~ "e~tt .-: t~,!i ~ o-;t~1 - ..:.:: ~~ (.. ~ ~ d~lf :::: :, t!i~~ ~ l!tU ~fj-'"i HIU I: U. i~ . ~i ;ij ~ ! oJ r:!.1 I~ >, {" ! ~ Zll i! ~.1 ;1' i ..; Jf~l H ! ~~ Ii! i~ 31 1 I 1:1 Ii ! Ii ~Ifllj ~ jI l' Ii! i! 2 II ! i1 ~ ,1 ,. ~ ! 0 jOd ~ 1 J; jl! ii! n ! U ~ ~'ll i! !!~ t!t! ~ u ~ H In I'; 2 1"' 'f'; ~ 11 I :i !II] II I i! ;Iil 1 11 . ll'ISJlliJ; rp{~.~lll ; i ~ii lh i i; :Ji! i~. i ~3 l~ i f-" i .1 ~.il i {" . ~ n, ~J Ii t.j o~ C ~ ~ ! ~,~f8B ia ~ 3. ~~~~ 3 l :?-s-;, ; ;;'" ;;; I lii~ 11Jl1 ~hU Ihi' j ,It I :l'n ,J. iil~; !t;lt Hl~t 'Ii ~ ~I II ~ i J! i~t: I ~ if dUI ~ ~ I 'Ii I . i j I ~ ~ . it ~ ' Ii !t!1 j ~l ii,~ , I I 'Ii EXHIBIT 1 (Page 1 of 2) ......... :...// t --.. -I ~ ~ I !J . ~I ~il [I I .r. a ~" Ii It II" I I J ~Ji I) J i~ ; I J '( I ~ t It J il ,c~ll ! I I .: I C '{ I ! J j! . :~ i iJlf,. a !! it.! ~ II Ii. lit _: J- I ~ I J · .1 !IJII, I;! H!II 'I I ,1111'. f 13 ( 1. C I I I II ;IIi ilJ ~! !Ji I i~ 1 -:. " I t:f t !J I::, I 41' I J ... u',111 !!'" ~~ _! ~ :-:I':C -; <14.. ... I~ .J ~ _OA h :J . -- .~---=-.....~~-,----_.._-.-- -..-. " ..... - !ff ,,,J1f ~ 'a,,~ U 'lfJ :-;: 1 ~ ~ ~ J ;If ~ ~ i~iJ ~ Utii ft ~--=-- -." ~ III o II il ~ ~ .-... N ~ o N QJ OJ) ~ ~ "-" ~ ~ ~ ~ ~ == ~ ~ EXHIBIT 1 (Page 2 of 2) "..'fi..~ ,,'if" ~ /:--." ,." .;j.l'S t...:~ _rr,c ~(~'8 ....J~:l: ~~: ~ 1-- Do-::> S.U :L c- ..-"'F. e: tr, j..:f ~~ c' 0> '" ~~ ,c ~~ ~; .,~ ti H "f' i:: d<..\~';'" ~-- '\ /\ ~-- I'~' .. LL: ...... '"..."\. -... . '\I, \ i! ! "J ~ I ~; ":4, , ..:. ' , ',. I ":\".~\jl 't '\ i\ I .~ I ! i~ \ ~ ~ j \ \ ~, \\ '~\:- /,/" r \ .~'. ~. \ ~,,/ . ,/' / a. .\ \" ,/I i -, / /' // /' F 1 I -;,;' ( ~ 1 ' ,~ ,t / 1-,' II ~) Ii' r'}l ; ;> :.-};/ ;' ~- / / OJ "'I , \ I .~ ~t~ 11 \ '\ .... , \ " ' / ,-__~~.---. ~ 11 r~."~2 - ...~..~-.; ~mtr' l~-' ; ~ 1;;;3 ~.I: ! ~~; ! i I I ~, ;-__ I '" ;....:- I 0> I -' I I t:. I """ I .;: I I i I I t w 1 ; ! ~ , 10" ~. ~,/ l- i ..--"-- ,'~ rr~:': ~ ,!{ alllU.,l C"'I ~ ...I~ ~tfl Jt~.;~ ~~ I~i .. Ilk '1:1 ~tt ~I J r M ~ ~ ~ ~ == ~ ~ .~. LL.. U) OW.......~... ~ciJ'~ t!:! I :;~;.~I. . !.'.o!e... 'u.. . . 112 < .~ a.. ..........:.f . 1 ~l I . . ;r......:.~ ._u..t .' EXHIBIT 2 Eng_ Jim Urban By: DOH EXHIBIT A DERFERMENT ESTIMATE FOR PAVING IMPROVEMENTS PORTO VllLAGEO Feb. 3, 2006 Job No. 40002.00.03 " .+ 108/.. UNlT PRlCE TOTAL COS JTEM i DESCRIPTION A. PAVING JMAlOVI:MENTS - -,--~---t"'._-_._~ i .1 liS" HMAC Including Prime Coat______ . _: 6" Soil Cemen~~!2" Crushed S::oncrete , i6"'L'Curb - ..---- -""---~-'-- - 4 14' Concrete Sidewalk <. IPavemeDt Repair (2' Wide-:Pa~ingTie) f, \24")(60' RCP Entrance Culvert----- --..,....-~"'_.- ----,-_._..~._- --- QUAN. ! ~~9271~__-- 8720 I SY _~ 9,472\ 1O,4]9ISY _4-,~__u 5.101 ILF ~'().050 i 22,055 I, SF -~ 1 '_- 1 I LS l' 1 ILS , 9.00 9.00 15.00 - 4.00 1,170.00 ~,600.00 $78,480.00 $93,771.00 $76,5]5.00 $88,220.00 $1,]70.00 $8,600.00 ; _ 4-_ I $346,756.00 --;- 7.5%: $26,006.70 _ TOTAL ESTIMATED DEFERMENT: $372,762.70 ~---_..- i ==-----t \ \ -----r.---'''~-- ! ---T----- I ~-+-=- ---I 3=:-- i ~_._,----._---.- I I .-r-.---- .-----1...--.---..----... --.-- i -+- ____un ..------+- . -- .-- '---1 Urban Engineering 2725 Swantner Corpus Christi, Texas 78404 1-361-854-3101 RXHTBIT 3 .-.~~"~.",-.,~._."-,,..,,,~....,....-..-..-.---.-...._., ~_..--~,~=-~_.,.,.-_..<..,--<.,. ~ 1007 'Date ~/f)~ Pay to the /J fr.r.J ::- A,.n ~" /I" // J-c7'" . $, IAn' ,'. . ClTderoj L-" 7 01 (-~v.s GI'{~;..,$)I II 'it:li/!J,~[1.g~. I ~/l.eE 1IL7J.)lJfJ.€o ~rYlt4 f.tto~~~IJEvll~ ~ttt:.I{t'f"~ ! ~,~ Frost National Bank I "it.~ ~~:t::7"'l3_ ~t!"~ I 'Fo~~ ~~._- .-.-.-------------~ 1 I: ~ ~ ~OO~~~_I: .00 7"''' ~OOO 5 ~ ~ 211- CCla'"'''~l1''' PORTO VILLAGEO NO 1 LTD 15305 TORTUGA COURT CORPUS CHRISTI. TX 78418 3IHl1H 40 94 ~WORG ~ EXHIBIT .4 r.~ l;'1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christl Ordmance 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 Porto VillaQeo No 1. LTD., a Texas Limited Partnership 703 Osuna Rd NE Suite 6 CITY: Albuquerque ZIP: 87113 FIRM is: 1. Corporation____ __ 2 Partnership X______ 3. Sole Owner 5. Other 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 "finn". Name Job Title and City Department (if known) NONE 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 "finn". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" cOIIStituting 3% or more of the ownership in the above named "finn". Name Board. Commission or Committee NONE 4. St_ 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 "finn". Name Consultant NONE 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 D McCall Title: Partner (Type or Print) Signature of Certifying Person__ ~~.~~c~ Date: ,}- ;; -o~ Exhibit 5