HomeMy WebLinkAboutC2006-346 - 8/22/2006 - Approved
DEFERMENT AGREEMENT
Sf ATE OF TEXAS 9
9
COUNTY OF NUECES 9'
This Agreement is entered into between the City of Corpus Christy, Texas ("City") and
CHRISTUS Spohn Health System ("Developer"), and pertains to deferral of the
construction of an eight-foot wide public sidewalk adjacent to Elizabeth Street between
Third Street and Santa Fe Street prior to the final closure of the Third Street right-of-way
between Elizabeth Street and Ayers Street as required by section 2(0) of Ordinance No.
026403 The Planning Commission recommended approval of this Deferment
Agreement during its meeting on August 9, 2006
WHEREAS, the Developer is obligated under Ordinance No. 026403 to construct the
eight-foot wide public sidewalk adjacent to Elizabeth Street between Third Street and
Santa Fe Street (hereinafter "required improvement") as shown on Exhibit 1, prior to
final closure of said portion of Third Street: and
WHEREAS, Ordinance No. 025647 authorized reimbursement to CHRISTUS Spohn
Health System in the amount of $339,965.00 as the City's participation for the costs of
public Improvements related to the improvements of Santa Fe Street and Elizabeth
Street and
WHEREAS, the Developer has submitted the cost of constructing the required
Improvement in the amount of $26,914.69 (Exhibit 2); and
WHEREAS, the City will withhold the sum of $26,911.69 from its participation amount of
$339,965 00 as financial security for this deferment agreement; and
WHEREAS, the City Attorney and Director of Finance have approved this transaction.
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
1. The City waives the requirement that the required 8-foot wide sidewalk is
complete and accepted by the City's Director of engineering before the final
closure of the Third Street right-of-way between Elizabeth Street and Ayers
Street and the City allows the Developer to defer the completion of the
construction of the required improvement, as sht'Jlln in Exhibit 1, until after
completion of the medical office building along Elizabeth Street.
2. The Developer shall construct the requIred improvement, in accordance with the
City's engineering standards in effect at the time of construction, upon completion
of the medical office building along Elizabeth Street.
3 The City shall withhold the sum of Twenty-six thousand Nine Hundred Fourteen
and 69/100 Dollars ($26914.69) from the $339,965 City participation amount
2006-346
08/22/06 .16-06
M2006-261
CHRISTUS Spohn HeaIth System
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authorized by Ordinance No. 02564, for the construction of improvements to
Santa Fe Street and Elizabeth Street, as security for completion of the required
improvement by Developer. Any interest earned on the $26.914.69 shall be
retained by the City.
4. Upon completion of the required improvement, within six (6) months, to be
reviewed and extended for additional thirty day periods upon the agreement and
consent of the City Engineer. and upon acceptance of the required improvement
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. and the $26,914.69 shall be returned to the City
participation funding amount to be dealt with in accordance with the participation
agreement authOrized by Ordinance No. 025647.
5. If the construction of the required improvement has not been completed by
January 22. 2007 or the date as extended by agreement by the City Engineer, 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 6 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 improvement with any monies received from the Developer. Any
principal remaining after completion of construction shall be returned to the City's
participation funds. 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.
6. 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
c;omplete 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.
7. 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
Spohn Deferment Agreement SPoW~ 8-16-06
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8 The Developer covenants to construct the required improvements, and that such
covenant shall be a covenant running with the land.
9 The City's Director of Engineering Services, at Developer's expense, may file of
record this Deferment Agreement in the records of Nueces County.
10. No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval of the other parties.
11. 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
12. 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.
13. 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 (Exhibit 3).
14. 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.
Spohn Deferment Agreement SPOHN 8-16-06
........" .,"'--.
EXECUTED in triplicate this [1_ day of ~U.7t-- ,2006.
CHRts1US Spohn Health System
725 Elizabeth Street, Suite 6
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
Thls instrument was acknowledged before me on the ~ day of J./'-<~LH+- ,
2006, by John W. Mouritsen. RA. in the capacity herein stated and as the act and deed
of said entity,
SYLVIA A, RODRIGUEZ
MY GOMMISSION EXPIRES
June 29, 2010
, L", , f".' r2 c).'-t 'f~-
NOTARY PUBLIC, STATE OF TEXA
Spohn Deferment Agreement SPOI-.N 8-16-06
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By: I ( 1
ARMANDO CHAPA
City Secretary
CITY OF CORPUS CHRISTI ("City")
P. 0 Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
ATTEST:
G~oe
City Manager
By:
THE STATE OF TEXAS ~
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COUNTY OF NUECES ~ :\"..~ l---
nt wfacknowledged before me on the ("") day of
, 2006, by George K.Noe, City Manager for the CITY OF CORPUS
exas municipal corporation, on behalf of said corporation.
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NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This . r!'. day of ~gu Jt
Mary K Fisher
City Attorney
,2006.
BY:~' "1'"
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G ry . Smith
Assistant City Attorney
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Spohn Deferment Agreement SPOHN 8-16-06
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Exhibit 1
Page 1 0 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" I L
FIRM NAME llt8J'?1U~__~dk'l J.l.e,"2' JnL~?teIf,A. __
STREET:_\1DL ~lL a CITY:_C~_~I.L. ZIP: ~
FIRM is: 1 Corporation . vl 2. Partnership. . 3. Sole Owner 4. Association
5 Other (1i,. ~~~t ~t1~~~~I~J~ )_
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1 Stile the names of each "employee" of the City of Corpus Christi having an "ownership interest"
co..tituting 3% or more ofthe ownership in the above named "firm".
Name Job Title and City Department (if known)
~
2. .at. the names of each "official" of the City of Corpus Christi having an "ownership interest"
co_tituting 3% or more of the ownership in the above named "firm".
Name Title
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3. St.. the names of each "board member" of the City of Corpus Christi having an "ownership interest"
co..tituting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
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4. St. the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on .ny 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
_t4O\t~
CERTIFICATE
I ce~ that all information provided is true and correct as of the date of this statement, that I have not knowingly
with he. 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~~._~~ .\~~__
Title:
Di('f.uhr ~~-\t MtL
fjJ'7/0Ll
II Exhibit 3 II
(Type or Print) ./
Signature of Certifying persoo:-=-#'-:'~'
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-I\~~ {.^-'. V-l tt--- Date:
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