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Home My WebLink AboutC2007-047 - 2/13/2007 - ApprovedDEFERMENT 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 Shell Land Management Co., Inc., a Texas limited partnership; (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Saratoga Weber Plaza. Block 9, Lot 5 (the "plat"}, which was approved by the Planning Commission on March 8, 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 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 Gounty, 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 letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Two Hundred Thirty-Eight Thousand Five hundred forty-0ne Dollars and 81 /100 ($238,541.81), 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 Sectior: V. Paragraph A Subparagraph 3. b) of the Platting Ordinance; 2007-04" Ii2!13/0? VI2007-044 Page ~ of B tihell Land Management (`n NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows Jpon Developer's 75% completion of operable water and wastewater to serve each lot within the development, the City shall waive the requirement that ~~nstruction of the deferred improvements be completed before the final plat is endorsed by the City's Development Services Engineer and filed for record with The County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to arse (1) year from the date of this Deferment Agreement. L Tk~e Developer shall deposit, with the City of Corpus Christi, a letter of credit, lrawn on a bank with offices in Corpus Christi, Texas, in the amount of Two -i~,ndred Thirty-eight Thousand Five Hundred Forty-one Dollars and 81/100 $238,541 81) as shown in Exhibit 4, before the Agreement is approved by =auncil, fear 1 ~ 0°i~ of the estimated cost of constructing the deferred rrprovements. The Developer shall construct the deferred improvements, in accordance with the '~~ity's engineering standards in effect at the time of construction. ~ Jpon 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 `~oth parties. and upon acceptance of the deferred improvements by the City ~r7gineer and upon compliance by the Developer with the remaining terms of the deferment Agreement, the City Engineer shall: ~ Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Shell Land Management Company, Inc. Mr .john Wallace, Vice President 101 N. Shoreline, Suite 600 Corpus Christi, TX 78401 h. 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. 5 if the deferred impravements 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 7 below. the City will call the letter of credit and transfer the money received.. including any interest earned, to the appropriate City fund and "he City may begin completion of the construction of the deferred improvements ~,vith any monies received from the Developer, both principal and interest, Page ~ of 6 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 mprovements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required =mprovements and bills the Developer 0 Ttte City and Developer agree that if the Developer formally vacates the current plat; with approval of the Planning Commission. prior to the deadline for ~:-:ompletior of the construction of the deferred improvements, any money er.;eived by the City from the Developer remaining on deposit, plus interest yarned. will be released and immediately returned to the Developer. r !r Developer defaults in any of its covenants or obligations under this Deferment Agreement. the City Engineer will send the Developer and the Project Engineer wvritten 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 o cure the default. If the Developer fails to cure the default after receipt of the ~~otice and opportunity to cure, the City Engineer may transfer any monies e~:eived 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 `rcm the Developer. plus interest earned, remaining after the City has completed enstructior of the deferred ymprovements, the excess monies, both principal end interest shall be refunded to the Developer, within sixty (60) days of the ompletior of construction of the water, wastewater. paving, and drainage public ~~~provements and settlement of construction contracts. 3 The City reserves the right not to issue Certificates of Occupancy for this Development until the deferred improvements are installed and accepted by the development Services Engineer. 0 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 C The Developer covenants to construct the deferred improvements, and that this ~~ovenant shall be a covenant running with the land. -r he City's Development Services Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. ?2 tic party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 3 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 Page 3 of 6 :ertified mail, and if given personally, by fax or by certified mail, shall be deemed >ufficiently 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 ~.vsth the provisions of this paragraph.. specify a different address or addressee for ~ctice purposes 14 `his Agreement shail be ~.,onstrued under and in accord with the laws of the State ;~f Texas and all obligations of the parties created hereunder are performable in ~lueces County Texas. and all lawsuits pursuant hereto shall be brought in Nf_,eces County 1 h `he Developer further agrees, in compliance with the City of Corpus Christi ~.~rdinance No. 1?113, to complete, as part of this Agreement, the Disclosure of J~vnershipr interests form attached to this Agreement as Exhibit 5. 1 ~ `~hys Agreement shall be executed in triplicate, all original copies of which shall ~~F 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, ~hEs Agreement shall become effective and binding upon and shall inure to the Benefits of the parties anc~ their respective heirs, successors and assigns. Page 4 of 6 ~ \ t EXECh~TED in triplicate this~li~ __ day of ___ ,~l~ ~ ~~-~-~-~ ~ _ , 2007. L Shell Land Management Co., Inc. 101 N. Shoreline, Suite 600 Corpus Christi, Texas 78401 THE STATE OF Texas COUNTI~ OF ~_k~_ e ..:._ § //~/, ri `, Mr. ,John Wallace, Vice President This instrument was acknowledged before me on ~~, l~-Lt;~Q,,y~ ~~`~~", 2007, by John Wallace, Vice President of Shell Land Management Company, t ., on behalf of the corporation. ;; v ~'~ ;_ ~{ _, ~~ ~~, tits-~~f ~_ Notary Public, State of Texas ~''~""'~`"- TERESA WOODRUM ', '~,~ ~ Notary Public ~. f ;~ ~' ~ `~ !~~~ STATE OF TEXAS . , ~,~ My Comm. Exp. 08-10-2009 SEC~EfA~ 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 Armando Chapa G r e K. Noe City Secretary ity Manager APPROVED AS TO FORM- This _~ ~_ day of ~ chrt~n-u , 2007. ~___ _~_ G ry V .Smith, Assistant City Attorney For the City Attorney THE STATE OF TEXAS GOUNTY OF NUECES ,; ~,~,_ This instrument was acknowledged before me on the ~ day of ~ ~~(. P~ , 007, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas muni al corporation, on behalf of~e corporation. `' i.,- ~;,L-,.~. ~ I,~L ~., _- ~_ __ _, Notary ublic. State Of Texas ~~~' ,: Page 6 of 6 _. __ _~ r y _ '~ ~' y :: w i ~ .~ , nJI ~ n' ~ ~ _ ~ _ ~ k ~~ J ~ - ~ ~ _ _ ~ ~ _ _ --~, z. G ~ ~ I° ~ ~~ ~~ a+ _ ~ ~~~ ~o L^l, S ~., C~ ~ a -C ~ O "~ ~ ~ ~., ~} _~, $ ^,u I ] ~ a ~~ 4 ~ ~ _ o '~ + ~. ,-, ~~ _ ~ ~ ~ ~~ ;~ ~ ,^, f n ~ ~ -° _ j? `~ .~ ~ ,,, djuno_. :a.~anp ,o sp,o:;y a °~iY 'Pi 6d .~ IoA ' OZD/o ,aa2,N 06U1DlOS g JO OB4. M.00 C£.8Z5 SL'. tl i ~ ~Ic _ ~1 I - ! ~ ~, `-7 7 i ~. t i; a _, ~~ o ! I ~ ; '~ ~ __ o ,~, ~~~~~.._ _ , ~.,: 3.~ :~~~ _~ ._ _ _ , ;.-„~G 4l!ua ^ i /`~ ,00'094' 3„QO,C£.9ZN edilP~ nw, G/ ~'~l J l ~? . - ~I - - spy ° F 4 ~_aO i, ii ^ ~~NO~B n ~ I' IU ~ I Z =.. g ~ R is ~ 1? 1>. ` _ ' - _ ~~ _ ~ ~ I f 9 I~ ~ 10 low ` g 7/~Z~[{k ` i _ v o ~ N 1 m C I I ~ S ~ ~ 4 ~ ~ ~ I I `o I imp ~ '^ _ ~rc N _ fax I M @i W m la ~ T n ~ I _ _ ~ m ~ $8 s I ~Wh jo ° ? _ I ~. I I I r ~ I T _ _ __ _ Em _o° p i~~ a I I ~ _ _ ~ ~ I ZI I I I ~ ~ I I -, _ p~E a t - - R o o i X i °' _= o - ~ n vE Z~ - ~- I i' i I s o _ _ _ _' - _ io ~o - E'er' is i ii ' z _ 5'. _ pps xq ~a i_ i I o I I o n~ .-.. _ .gym mu _'obc }': m i4 0 y U Z I oa U v o - _ r~ s c °= ma° o ° ~ >~ a W ~o ~a m=~ ~~ -- - Z a ,, m aom a~ _~- _ ~ ~ i P o U ~ - m E °~ °a v~ -t o_ v°~ o ~ ~ - __oo of - _ ` n Z-ol J ~ °o _ d - o - ~ s H o w ' $ ° o - ~ ~dn mm IQ o O o ~ _ „ o .o v ua E~>-~ °QV . •o -n - ~'c _ ~ m 53 y. - i - s .- - _ , z ~ -~ = E _ Z , >to~ .. ~ v ~ C 3 - _. V .J O a y rnd m - ._._ _- s_E~- _ - o __-~ o o o 'o v o o Q o v o.o - 'S ~ m- uo y, oU~ EmE _~ Z ~ 00 ~Z mfi2 - ,-_. ~ ~ ~G ~o _ (~ _ __ z L v „- ~ _o _.o _- _ _ --ate= _ - ~ a a 8 ^~ E a 3 o~v o n dm o _. . _ I U u n j o mrd;~ I - a o ~~ ` a a o - ~°°~a m°m W _ ~ - ~ - ~~xy°~ a Exhibit 1 «~ € ~ = o ,- ga ~_ _° ~ age 1 0 1 - a ~ -_- - n~ ~t~d_o ~ m a`a 6m 3~ 0 `C Eo ._ z m S I ~2 la` < ~ I e~ °° Q ;a I~ m [F 13 mZ ;V _ ~i !~ - s~ _ -< - m ViV r ~ ~- I I I I ~% ~o is ~s I~ I~ y ,_ _.`. _ - ----- -- - -- --- _ ,....1 ~. ~ ~'r ~°~ ` T _ a m oosawo so,oeoyn 6F~nb+a,e ,uw an. ~ ~ .. ~ ~w. :'~,'a,,,,. ts~er t~y~wr .~71 ~ .:., -- '~ w .~r - - - _ --~ J 111~-011f - ..~- ,r - -. _ _ -~ _- ~ _~ _- i ~ S~e u~ y _- _. a ~~ 1 ~ -- ~i _~ ity~V ~ '~ ~ , a ~ ~ ' ~ ` ~ ti 8 ~ ~ F,~ I ~ Lot S ~ W '~ O ~J17 fICfLMS ~ I 7 = r I ti ~~ ~797.,y~ g ~ _ ~ ~ 3MM1l~ ~ 7 'iVRI~' MCP ~- ! M 1 ~~ ~• ~ ~ ~ ~pqf UIIK OIL t Ip -.. ilb'~' Ilv ~ • v 1 • NB1'27'001M 2341.59' 1 ~~ ~~ ~ ~ ~ I e 11 2 tt l S .sue, w~~ 9, I.4otS 15 100 5 0 10 200 PHI ALE 1 "=100' EXHIBIT 3 ,409 No.: t3T75.A6.03 4p~r•~a~ cc rA+ 4~ car Exhibit 2 Pane 1 of 1 cng.Murray , Hudsor ~' E Deferrment Cost Estimate BY G R. R for LOT 5, BLOCK 9 December 22, 2006 Job No. 23775.A6.03 ITEM DESCRIPTION QUAN. QUAN. + ,UNIT UNIT TOTAL ..___ 5% ~ PRICE COST 1 A. PAVING IMPROVEMENTS - __ _ -- ~ 'g R ht of Way 51 AC $300.00 L _ _ ,. _ - ___ Road Ex vato 1'$ ~ _ 1 890 CY $4.40 2" HMAC lndudin Prime Goat 1,588 ; 1,667 ~ SY $10.35 __ -- -~ _ __. ~ - - --g---- $ e ~L s i _r- 3 -- 1,667 SY _ $11.80 .. p g 0 Com acted ime Stab l zed Sub_rade 1,94 I 2,040 SY ~- $6.25 6 6 L G urt~ 800 ~ 840 ~~~ LF ~ $11.00 4' Concrete Sidewalk _ + 3,171 3,330 ~ SF i $3.50 8 - jTemporary Crushed Lsmestone Cul-de-sac 632 ~ 664 Y $11.80 9 .Street Barricade 1 _ --- ? E A $1 200.00 ?r - - - --- 'Street Sign _ _ _- 1 _ _ _ , ~ EA ~ $775.00 __ -_ . _ __ _ ~ _ ~-_ PAVING SUB-TOTAL: - _ T ~B S TORM SEWER IMPROVEMENTS: -- 18" RCP 40 j - 42 - -- LF $31.70 2 f24" RCf= _ 313 ~ 329 LF $39 50 s i +30" RCP 97 I 102 LF . $60.35 f 4 +_-- - __--- +OSHA Trench Protection 450 _ 47 3 ~ _ LF _ $2.20 f 5 5' Slot Inlet -- - _ 2 _ 2~ _ EA $1,600.00 ~ B 4' Diameter Manhole _ 3 ' - 3 EA $3,500.00 ~ 30" Outfall Structure 1 ~ 1 EA $2,000.00 8 Temporary Swale Gonstructian ',674 * 1,758 CY ! $3.25 9 Fill In Existing Temporary Swale & Remove Headwall 3,050 . 3,203 ', CY ~ $5.00 _- :_._ _- _ -L STORM SEWER SUB-TOTAL: r WATER IMPROVEMENTS - - _ 1 8" PVC °~_-900 2 8" Gate Valve and Box 3 ;Fire Hydrant Assembly Complete In-place 4 12"x$" Tappi~Sleeve with 8" Tapping Gate Valve - --- - 5 Tie to Existing Water Line 6 8" Plug with 2" Blowoff Valve ~.-- - D SANITARY S_EWER_fMPROVEMENTS: 1 I8"PVC (8':..10' Cuts ___ __ _ 2 Pipe Embedment 3 +OSHA Trench Protection __ __ 4 ,8'x8" Stub-out with Plug 5 'Tie fo Existing Sernce __ $162.00 $8,316.00 $17,253.45 $19,670.60 $12, 750.00 $9,240.00 $11,655.00 $7,835.20 $1, 200.00 $775.00 .25 $1,331.40 $12, 995.50 $6,155.70 $1, 040.60 $3,200.00 $10, 500.00 $2, 000.00 $5, 713.50 $16, 015.00 '58,951.70 $8,260.00 $1,660.00 $6,248.00 $1, 850.00 _ $500.00 $300.00 18,818.00 $7,740.00 $2,064.00 $387.00 $1, 200.00 $250.00 SANITARY SEWER SUB-TOTAL: ~ $11,641.00 TOTAL ESTIMATED IMPROVEMENTS 725 Swantner :orpus Christi. TX 78404 -361-854-3101 _ _ _ - ~_~ _ r __- 393 _.413 '' LF + $20.00 2 2 ~ EA $830.00 __ 2 Y 2 ! EA $3,124.00 _ 1 ~ - -- 1 ~ LS $1,850.00 1 1 ~ EA $500.00 1 ~ _- 1 r EA $300.00 t __ _ ' WATER SUB-TOTAL: 246 ~- _ - 258 F ~ $30.00 246 ' 258 LF - - $8.00 _ 246 + _ 258_ ! ~ LF _ $1.50 1 1 ~ LS $1,200.00 1 _ 1 ! EA $250.00 178,267.95 Exhibit 3 Page 1 of 2 :~ng. Murra~a ~- Hudson. ~~ E ;~eferrment Cost Estimate December 22, 2006 Sy v R. R for Job No. 23775.A6.03 LOT 5, BLOCK 9 ITEM DESCRIPTION QUAN. I QUAN. + I UNIT UNIT TOTAL ~~ ~T ~ 596 ~ PRICE _ COST .E. ADMINISTRATIVE COSTS: _ -- - -- ; 'Bonds and Insurance{7°~) 1 - 1 LS $12,478.76 $12,478.76 Storm Water Quality Management and Pollution --- - _ _- Prevention Plan Items ---- -- - 1 _ _ ? 1 _~ LS ~ $5,000.00 $5,000.00 :3 Engineering Fee {8%i a -- 1 _1 - LS $14,261.44 $14,261.44 4 Construction Surveying {3% 1 ~ '! ' _ LS r_ ._ $5,348.04 $5,348.04 - Off-site Easement Descriptions 1 ~+ LS $1,500.00 $1,500.00 ADMISTRATIV E SUB-TOTAL: $38,588.24 _ _ - - - - _ TOTAL COST: ;216,856.19 2725 Swantner Corpus Christi, TX 78404 -361-854-310 Exhibit 3 Page 2 of 2 IRREVOCABLE LETTER OF' CREDIT #788 .~anuary ~4. 200 P.O. BOX 6469 CORPUS CHRISTI, TEXAS 76466-6469 PHONE 361 /992-9900 FAX 361 / 991-0084 BENEFCCIARY CUSTOMER: z4-rIR. s,4rnc-er-PrIONE City of Corpus Christi Shell Land Management Company, Inc. cus o~~~ sERV~cE aRECr uNE P O. Box 9277 101 N. Shoreline-, Suite 600 ss2-x911 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 xurERnErsITE americanbank.com AMOUNT $238,54.81 EXPIRATION: January 24, 2008 MEMBER INDEPENDENT8,4NKERS ASSOCIATION OF TEXAS Gentlemen We hereby establish our irrevocable letter of credit ("Irrevocable Letter of Credit) in favor of the City of Corpus Christi ("Beneficiary") for the account of Shell Land Management Company, Inc., acting by and through its President, Ben B. Wallace, ("Customer"), authorizing Beneficiary to draw on American Bank, N.A., Corpus Christi, Texas ("Issuer") the amount of Two Hundred Thirty Eight Thous~d Five Hundred Forty One and 81/100 Dollars -($238,541.81), under Beneficiary's draft bearing the clause °Drawn under American Bank, N.A., Irrevocable Letter of Credit No. 788, dated January 24, 2007" and accorr~anied by all of the following documents ("Documents"): 1 The original of this Letter of Credit; and 2 The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Shell Land Management Company, Inc., has not installed the required improvements or vacated the plat of Lot 5, Block 9, Saratoga Weber Plaza as required by its Deferral Agreement with the City of Corpus Christi within the time period allowed." This Irrevocable Letter of Credit guarantees the obligations of the Customer to the Beneficiary as provided in the Deferral Agreement. Partial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is not transferable. Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than January 24, 2008, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit, issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intervals thereafter, until Expiration Date, unless, at least 90 AmencanBank Exhibit 4 Page 1 of 2 days prior to Expiration Date, Beneficiary's City Manager notified Issuer in writing by Certified Mail at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Director of Engineer Services thirty (30) days prior to expiration of the then current Irrevocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter of Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not in any way be mod~ed, amended, or amplified by reference to any document, instrument or agreement referred to herein or in which this Irrevocable Letter of Credit is referred to or to which this Irrevocable Letter of Credit relates, and any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer is not a party to, ar bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inquiring into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by Issuer to be determinative, coriclusive and final This Irrevocable Letter of Credit will be governed by the provisions of the Uniform Customs and Practice For Documentary Credits (1994 Revision), International Chamber of Commerce (Publication No. 500) to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect Sincerely, AMERI BANK, N.A. Richard F Scanio Executive Vioe President RFS/sh Approved as to form City Attorney City of Corpus Christi by: Name: Director of Finance Exhibit 4 Page2of2 ~ } Y !tl' ~1 ~ ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 'jiy .v= Corpus :;hristi C~rdxnance 17112. a_; amended, requires all persons or firms seeking to do business with the :i*,~, tc~ prov!de the follow ng information Fverr question must be answered. If the question is not applicable, answer with N FIRM NAME _ _Shell Land Management Company, Inc. _ STREET __~ J'_N. Shoreline, Sint 600 __ CITY:~ Corpus Christi, Texas ZIP: 78401 FIRM is 1 : ~rporatio~~ _ _ ,XX _ Partner shirr: __ ___ 3 Sole Owner 4. Association ~~ner DISCLOSURE QUESTIONS ''+ additional saace is necessary ralease 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 None Job Title and City Department {if known) 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 None Title 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 None Board. Commission or Committee 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 None Consultant CERTIFICATE certify that ail information provided is true and correct as of the date of this statement, that I have not knowingly withheld disciosure of any information requested; and that supplemental statements will be promptly submitted to ?he ity of Corpus Christi Texas as changes occur certifying Peysc~n:-----1`=~ _ _ ~_' Title: ~.' ~1 ;Type car Print` /f Signature of <:,ertifying Person _,__~~-, .C~, v' ~~ ~- __~___ Date: ~ ~ zz~c.'~ Exhibit 5 age 1 0 2 DEFINITIONS a. `Board Member. A member of any board.. commission or committee appointed by the City Council of the City of Corpus Ghristi, Texas o. "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. ., 'Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce ordeal with a product or service, inGuding 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. ~~. ~Offiaal" 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. a "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. Exhibit 5 Page 2 of 2 Doc# 2007015635 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 Shell Land Management Co., Inc., a Texas limited partnership, (hereinafter 'Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Saratoga Weber Plaza, Block 9, Lot 5 (the "plat "), which was approved by the Planning Commission on March 8, 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; 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 letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Two Hundred Thirty -Eight Thousand Five hundred forty -one Dollars and 811100 ($238,541.81), 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; Exhibit F Page 9 of 6 Doc# 20070 15835 # Panes 15 03125!2007 9.19A Official Records of NUECES COUNTY DIANA T. HARRERA COUNTY CLERK Fees $71.00 Any provision herein which restricts the Sale, R en tal or use of the described REAL PROPERTY because of Race, Color Re ion, Sex, Handicap, Familial Status, or Nat ional Dri in is. invali, and unenforceable under. FEDERAL LAN, 3112/89, STATE'OF TEXAS COUNTY OF NIECES ' I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas 7 hip DIANA T. DARERRA NIECES COUNTY, TEXAS At the - M! MORANDUAt tme of recordation, this instrument was fo be inadequate for the Bost Photograph re because of iliec�ibitit , and to Raper, etc. lle blo k u� t and rbon or photoca production Present t the time ock ume a dditions hL disco were was fled changes were and recorded. City of Corpus Chriall Development serviest Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408