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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 ~""""'- 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 - 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 'III!lI!It""'- /~ 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 ~ ~ 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. ~-~"~..:::== ~;~~'/ "u~ !.)nn,e Pall<s "0 ~~ < \\! ~ c:: My comrn.,ss'on ExpIre. Ii ,n, '" 00' \! '; . ~ 'wvembel 09. 2 ,.' ,." G-,,-.2~Of ,..-- ,----. ,-' - , , W~, . fOv01/v) NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This . r!'. day of ~gu Jt Mary K Fisher City Attorney ,2006. BY:~' "1'" .' I" _,..___......_....'_ G ry . Smith Assistant City Attorney I~-~j?/ ........_ All I i'lUHIlt..., 1'( COiJ,.Cll___..Jd"?::uo(;, --.-............g .r.:F~P.IT AIV%f<-. Spohn Deferment Agreement SPOHN 8-16-06 ~ I- I .. ! I I i I z o - ~ ~ v ::J " ~ ~ rJJ Z o u I ~I c.J CD <t "-l ~ '..w _J.... ---- 'J-~ J.-..--'/ /~ c't.. --' / s'''';-1- -= ~: \ - - -I \ ,.--- ~ 1 -< ! ...n"_' .-" ,--~_-------: , f' \ \ \ \ I J..--~. . ,---..-.-..-'-- -'-,-....-....-..- I~.' I . \ . . . ! ~I : \.........\ ,~4 ~,I " \, \ '., ,I: \, ", '; \ I II.'.'~. I 1 . I . . . i 1 , .' , ; ...1-._.....---l---' 1j'- .-.~..<.,.- ~----~------ // /---- \ i i \ \ \ \ \ if) cr:: L >- <1. , , 0 I r--------1 0 L- ; ro \.- -.-------..-- 1- .--", ! I \ i ~. 5TH S1 T \ \ \ 1 I \ 61H S1 \ \ II \ I \ II IlLJ. ' I I I \ \ , i _-.--1 I \ I ~- /- z o ~ <( U o --.J . 1 Sl~ SI ~ z o f- <( 0:::: :) G LL Z o U W 0:::: (f) f- W (f) W <( 0:::: x f- w (f) r- I r- (f) f- - W 0:::: OJ ..L <( U N (f) .-J ~ W D- O:::: ~ 0 U <( f- Z <( (f) I-- CD :c X w' (f) w u > 0::: W (f) C) Z 0::: W W Z C) Z W --..J o z ::> o o >- I-- I...!- o 0 I-- CL W o "t-'V)- o:::>~ >- ~ ~ Q~ J.- ~ 0::: I- l&.J _ 0 :r: ~V) (.) (.) (.) ~~ Q:- a: ~l.U '\.1 I~ 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 ~vtf-- 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 ~-- 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:-=-#'-:'~' f: [ ~ .."'-~) -I\~~ {.^-'. V-l tt--- Date: ~ --..,...