The URL can be used to link to this page

Home My WebLink AboutC2007-284 - 8/28/2007 - ApprovedPARTiCIPATION AGREEMENT STATE O F TEXAS COUNTY OF NUECES This Partici~atian Agreemer~# {"Agreement"} is entered into beiween the City of Carpus Chris~i (hereinafter "City"), a Texas home-rule municipaiity, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and John Bratton, 8320 S. Staples Street, Carpus Christ~, Texas 78493 (hereinafter"DevefopEr"). WHEREAS, De~eiaper in compliance wit~ the City Platting Ordina~ce, has filed a plat to develop a tract of land of a~proximatefy 51.2$4 acres called Kitty Hawk Unit 1 located east o# Co~nty Road 4~ and.sauth of So~t~ Staples Street (FM 2444}, as shown ~n the attached Exhibit 1; WHEREAS, under th~ P[atting Ordinance, the De~eloper is responsible for cons~ruction of a concrete box cul~ert bridge; WHEREAS, unde~ th~ Platting Ordinance, the DeveEoper is eligible ~ar partial reimbursement of the De~eloper's costs for the construction of a concrete box cul~ert bridge; ~ - WHEREAS, it is essen#ial that.the concrete box cul~ert bridge be constructed on Kit~y Hawk Drive larger than is required for Kitty Hawk Unit 1 because it will pra~ide a fu#ure street connection to the south over the existing 154-foot drainage right of way; WHEREAS, the Ci~y agrees to fund the over-size portion of the bridge because the increased capacity of the bridge will accommodate future de~elopment in the area; NOW, THEREFORE, for the consideratio~ set forth hereinafter, the City and Developer agree as follows: 1. PART1CiPATION. a. Deve~oper Participation. Developer agrees to deposit with th~ City the sum of $24,618.08 in lieu of const~ucting ~he concrete box culvert bridge. De~eloper's cantributian is calculated as fo{lows: The engi~eer's cost estimate far the existing King Trail Bridge is $85,3~42.67, based on current day unit prices. Using the formula from the Platting Ordinance, total d~veloper pa~ticipation would ~~ (15-28) x $85,342.67, or $49,236.16. {Kitty Hawk U~it 1 developer participatior~ would be half of this amount, or $24,618.08.} ~ao~-zsa asi2sro~ M2007-222 John Sratton 2. BRIDGE CONSTRUCTION The Kitty Hawk Drive bridge wiil be constructed when each ir~~olved developer t~as deposited his/her share of the construction costs. 3. SITE IMPROVEMENTS Prior to cor~struction of the concrete box cul~ert bridge, the Developer sha11 acquire and dedicate to the City the required utility easeme~t or right-of-way for t~e installation of the concrete box culvert bridge. 4. DEPOSIT QF DEVELOPER'S PAYMENT The City will deposit the de~eloper's participation payment into an interest bearing account identified and used for the holding o~ funds for the ~uture construction of #he Kitty Hawk Drive bridge. The funds shall be us~d only for the construction of the Kitty Hawk Drive bridge. Interest eamed shall be used only for the construction of the Kitty Hawk Dri~e bridge. 5. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with t~e City o~ Corpus Christi Ordinance No. 17112, to compiete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 2. 6. EFFECTIVE. This agreement becomes effective and is binding upon and shail inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. -2- EXECUTED IN DUPL.ICATE originals, this ~~ day of u~ , 2007. ATTEST: Armando Chapa, City S retary { f [~~ Al}1liult~cr.~ ~Y Cou~c~~ .. ~r~' ~ ~~~N ~ SfC~E7~~ CITY QF C PUS CHRISTI By: or K. Noe, City Manager APPRQVED: ~~~ day of ~u~. , 2007 By: ~ Gary . Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~~ , 20Q7, by George K. Noe, ~ty Manager, City of Corpus Christi, T xas, a Texas home-rule myfn~cipal corpor t~ n, o~ behaif of the corporation. ~ ,~qA~ a~eL Connie Parks ry Public, State of Texas ?R` N My Commission Expires `~'~ h~ November 09. 2647 9~ OF ~` ~ -3- DEVELOPER: John Bratton By: Jo Bratton THE STATE OF TEXAS COUNTY OF NUECES This i~strument was acknowledged before me on 2~ , 2007, by John Bra n. tary Public, State of T as -4- ~ i MARS HILL DR. ~ 0~~~~ ~\ q ~ SEC710N 7 SECTION A ~ ..__ ~ SfCTION 3U Q SECTION 31 ~ ~ ~ COUNTRY JER ~ EM DR BO NICAL ~ CREEK o . ° G 5 ~ _ ~ ARK ~ N ~ O $ ~ 0 0 N l,) 3 ( D N O 2 K ~ n ~ 0 n m ,~ CORPUS CHRIS Z o O 4 ~ Y ~UrH Qso p~ GARDENS ~ - U ~ I ~ ~O ~J ~W V -~ 2 Z w~ d X -7 F.M. ROAD 2 4 ~ m" ° ~ (SOUTH STAPLES STRE ~~ , ` '~~ - :r .~~. _ czwj c~~ , ' z~~ ?aq ~ a ~..~: Y¢~ y~ ~ ~,~~~ ~.~ KING =~ ~ ' ~ ~~ ~ L _~ STAT _, _, ~ r ..y .~., ~,~,~.. ~~~_,~~ ~w M Z QF ~.J ~1.~ ~ LANE SECTION 30 l ' ~ f SECTION 31 SECTION 33 ~~ ~ SECTION 3~ PROPOSED BRIDGE N M p Y Z M W ~ W ~ U Z V N z O 2 ~ U ~ w ~ w~ NO DATE REVISIONS ~S~ ~/e ~ ~Y~ CRAPFIIC SG1LE 0 500 1000' 1 G00 200D' SCAt.E: AS NQ KITTY HAWK - UNIT 1 . BR~DGE PARTICIPATION AGREEMENT Exhibit 1 engineeringdi~rfng-surveying LQCATION MAP ~ 1 C >x 2927. Corpua Chreti, Tmm 7&03 ffiII BuHak SL, Co~p~s Chriali. Tmroa 78~W1 phwn: 381.887.8&5i fmc 361.887.8655 e-ma~l: rve0rre-inc.mm mr.rw-i ~ -~ CI~'Y OF CORPUS CHRISTI D~SCLOSIJR~ OF INTERESTS City of Carpus C~risti Ordinance 17112, as amended, requires alf persons or firms seeking to do business with the City to pro~ide the fo~fowing infarmation. Every question must be answered. If the question is not app~icabE~, answer with "NA". FIRM NAME ~-C~~~Ot~1 ~ V~~- FM~N! STREET: ~~3a S ~ S I'~PL~S CITY: C.o~.r'us ~µrZlSr I ZiP: ~~iS~ 1 3 FIRM is: 1. Corporation 2. Partner5hip 3. Sole 4wner '` 4. Association 5. Other DISCLOSURE QUESTIONS If additional space €s 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 ownershlp in the abo~e named "firm". Name Job Title and City ~epartment (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 abor-e named °firm". Nam~ Titfe ~ 1 ~ N ~ ~ . ---. .._ 3. State the names of each "boarct member" of the City of Corpus Christi ha~ing an "ownership in#erest" constituting 3% or more of the ownership in the aborre named "tirm". Name Board, Cammission or Committee N1~ ~1R 4. State the names of each employee or offlcer af a"cansultant" for the City of Corpus Chrlsti who worked on any matter reEated to the subject of this oontract and has an "ownership interest" canstituting 3% or mare of the awnership ir~ the abo~e named "firm". Name Cansultant N q ~~~ CERTIFICATE I certify that all information pra~ided is true and correct as of the date of this s#atement, that I ha~e not knowingfy withheld disclosure af any information requested; and that supplemental statements will he promptly submitted to the City o# Corpus Christi, Texas as changes accur. Certi#ying Person: ~,b~N ~ ~ '~N Tit1e: , [~ ~ N ~~ (Type or Print) Signature of Certifying Person: Date: ~'Z d~°~ . Exhiblt 2 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Participation Agreement ('Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and John Bratton, 8320 S. Staples Street, Corpus Christi, Texas 78413 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 51.284 acres called Kitty Hawk Unit 1 located east of County Road 41 and.south of South Staples Street (FM 2444), as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a concrete box culvert bridge; WHEREAS, under the Platting Ordinance, the Developer is eligible for partial reimbursement of the Developer's costs for the construction of a concrete box culvert bridge; -- - WHEREAS, - it - is essential th at. the concrete box culvert bridge be constructed - on - Kitty Hawk Drive larger than is required for Kitty Hawk Unit 1 because it will provide a future street connection to the south over the existing 150 -foot drainage right of way;. WHEREAS, the City agrees to fund the over -size portion of the bridge because the increased capacity of the bridge will accommodate future development in the area; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. PARTICIPATION. a. Developer Participation. Developer agrees to deposit with the City the sum of $24,618.08 in lieu of constructing the concrete box culvert bridge. Developer's contribution is calculated as follows: The engineer's cost estimate for the existing King Trail Bridge is $85,342.67, based on current day unit prices. Using the formula from the Platting Ordinance, total developer participation would be (15 -26) x $85,342.67, or $49,236.16. (Kitty Hawk Unit 1 developer participation would be half of this amount, or $24,618.08.) #iPages7 I t� /0 f !2007 M 52AN Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK; Fees $39.00 STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this instrument was FILED in file number seqquence on the date and at the tine stamped herein by rye and was duly RECORDED in the Official P ublic Records of Nueces County, Te Has e ��drs.r DIANA T BARRERA NIECES COUNTY, TEXAS Any provision herein which restricts. the S ale Rental or use of the described REAL PROPERTY because of Race, Color Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12189. G City of Corpus Christi Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78406