HomeMy WebLinkAboutC2008-252 - 6/27/2008 - NACity of
Corpus
Christi
DEVELOPMENT
SERVICES
2406 Leopard
First Floor
Corpus Christi
Texas 78408
Phone 361- 826 -3240
Planning
Fax 361-826-3590
Building
Fax 361 -826 -3006
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One Stop Shop
Permitting
Plan Review
lnllastrucaox and
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Inspections
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Sage Properties
June 20, 2008
Mr. James P. Charnquist
Sage Properties
6303 Beverly Hills
Houston, Texas 77057
-■l
JUN 2 7 2003
D t i5 >c 'ICES
SUBJECT: Letter Agreement to Reduce Security
Furman Addition, Lots 1 -11 Deferment Agreement
Dear Mr. Charnquist:
The terms of the Deferment Agreement Sage Properties entered into with the
City on December 15, 2005, as consideration for the recording of the subdivision
plat, required completion of the wastewater, stormwater, paving, and sidewalk
public improvements and securing the construction of the public improvements
by cashier's check #742481188 for the amount of $107,101.69.
Our Construction Inspection office confirmed that infrastructure required by the
Deferment Agreement has been satisfactorily completed with the exception of
the following items:
• Pavement repair
• Sidewalk ADA Ramp, remove /replace 2 each
• Sidewalk, install sidewalk diamond plate drain cover
You requested that the City allow a reduction of security required by the
Deferment Agreement. The City is agreeable to the reduction of security in the
amount of $84,551.69.
Upon your delivery of your endorsed copy of this letter, the City will return
$84,551.69 to you. By your endorsement of this letter, you are also agreeing to
the following terms:
City withholds acceptance of the public improvements,
Terms of the Deferment Agreement are still in effect, and
Developer agrees to complete the installation prior to August 31, 2008,
or the City will cash the security and use it as provided in the Deferment
Agreement.
Please contact me if further clarification is required.
2008 -252
06/27/08
t of2
Sincerely,
\Aikk
Juan Perales, Jr., P.E.,
Deputy Director of Development Services
ATTEST: CITY OF CORPUS CHRISTI
aneilar
Armando Chapa
City Secretary
ACKNOWLEDGED BY:
e Properties
f1
Charnquist
By:
Attachment 1 Cost Estimate
George K. Noe
City Manager
DATE:
cc: Bob Nix, AICP, ACM of Development Services
Priscilla Garza, Finance
Chip Urban, P.E., Urban Engineering
File
2 of 2
Furman Addition, Lots 1 -11 Deferment Agreement
Remaining Construction Cost Estimate
ITEM
DESCRIPTION QUAN. UNIT UNIT
PRICE
UNIT
COST
11
Pavement Repair 1 LS $10,000.00
$10,000.00
14
Sidewalk Rem /Replace ADA Ramp 2 EA $5,000.00
$10,000.00
14
Sidewalk install diamond plate sidewalk drain cover 2 EA $250.00
$500.00
maining Construction Sub -Tc
$20,500.00
Sul Sub -Total
$20,500.00
Cost +.10%.
$2,050.00
ESTIMATED COST OF REMAINING CONSTRUCTION:
$22,560.00
Original Deferment Agreement Deposit.
$107,101.69
Minus Cost of Remaining Construction
- $22,550.00
Return of Developer's Deposit
$84,551.69
ATTACHMENT 1
VISTA APARTMENTS ADA ISSUES
(FURMAN ADDITION)
REVISED MAY 21, 2008
ADA ramp at the corner of Furman Avenue and Corancahua Street has the fo owing
issues:
a) Must have a 5 -foot x 5 -foot landing;
b) Ramp surface must be truncated dome. Horizontal grooved concrete does not
meet ADA standards; and
c) ADA ramp directs a seeing - impaired Individual to the center of the intersection.
The ramp must point towards the sidewalk across the street.
2. Between Furman Avenue and Hancock Street, rnere is a sidewalk drain covered with a
steel grate. This Is a hazard to the handicap and rnailt be replaced with a steel one-
fourth (1/4 ") diamond plate cover por dotalt.
3. The ADA ramp at Carancahuo and Hancock Streets directs a handicapped person out
Into the street. Items la and 1 b above apply.
5. Sidewalk drain on Hancock Street Is covered with a grate. Grate must be steel one-
fourth (1 /41 diamond plate per detail.
6. At the entrance to the parking area on Hancock Street. the curb should fade out to the
pavement. As it is, it creates a tripping hazard.
7. Main entrance door to the building -- DOOR handle is not ADA compliant.
0. Wrought Iron gat- - - - k- Street -of ndwenue must heve -e
rte•
New Items:
9. Sidewalk surface adjacent to the parking garage entrance must be truncated
dome to provide a warning to seeing - Impaired Individuals that they have entered a
traffic area.
10. At the exit of the parking garage, install a sign on the Inside wall or gate that will be
visible to drivers exiting the garage and also worn the drivers to watch for
pedestrians crossing the sidewalk in front of the exit.
EXHIBIT 2
Furman Addition, Lots 1 -11 Deferment Agreement
Remaining Construction Cost Estimate
ITEM
DESCRIPTION QUAN. UNITI UNIT
UNIT
PRICE
COST
11
Pavement Repair 1
LS $10,000.00
$10,000.00
14
Sidewalk Rem /Replace ADA Ramp 2
EA $5,000.00
EA $250.00
$10,000.00
$500.00
14
Sidewalk install diamond plate sidewalk drain cover 2
maining Construction Sub -Tr $20,500.00
1
Sul Sub -Total $20,500.00
Cost + 10%
$2,050.00
1
ESTIMATED COST OF REMAINING CONSTRUCTION:
$22,550.00
Original Deferment
Agreement Deposit
Construction
$107,101.69
422,550.00
Minus Cost of Remaining
Return of Developer's Deposit
$84,551.69
II
I
I-
,
1
I
EXHIBIT 3
DEFERMENT AGREEMENT
STATE OF TEXAS
COUNTY OF SUEDES $ •
Thle Agreement is entered into between the City of Corpus Christi, Texas ("City") and
Sage Properties ("Developer"), and pertains to deferral of the improvements required
prior to Ming the re-plat of f=ulman Addition. Lots 1 -1 t Block 2 & Portion gf Bav View
A nus, which was approved by Planning Commission on October 5. 2006, a copy of
the plat is attached and incorporated as Exhibit "A."
WHEREAS, the Developer Is obligated under Section III, Paragraph H, Subparagraph
5, of the Platting Ordinance to construct seventy-five percent (7516) of the required
improvements, before the final plat Is endorsed by the City's Director of Engineering;
WHEREAS, the Developer le seeking to defer the construction of some of the public
Improvements, (the "Deferred Improvements'), as required by the City's Platting
Ordinance, as shown on Exhibit "B", copies of the approved engineering construction
drawings, which are attached to and incorporated Into this Agreement, for a period up to
two years;
WHEREAS, the Developer Is seeking to have the plat filed with the County Clerk of
Nueces County, Texas, before completion of the required improvements as required by
Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance;
WHEREAS, the Developer will deposit a letter of credit In the amount One Hundred
Seven Thousand One Hundred, One dollars and Sixty- -Ana cents ($107.191.69),
representing 11096 of the estimated cost of Constructing the Deferred Improvements, all
as shown on the attached cost estimate, which is attached and incorporated as Exhibit
"C ", with the City;
WHEREAS, the City Attomey and Director of Finance have approved this transaction;
WHEREAS, the Developer has satisfied all other subdivision requirements, park
dedications, park dedication deferment agreements, end maintenance agreements and
all special covenants have been completed; and
■
WHEREAS, the Developer is entering into this Deferment Agreement as required by
Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance.
NOW, THEREFORE, the City end Developer agree as follows:
1. The City agrees to waive the requirement that deferred improvements be
completed 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 publo Improvements (referred to in this Agreement as the
Deemed Agreement » Sage Properties
Paget orb
Exhibit 1
"Deferred Improvements ") as shown in Exhibit "B ", for up to two (2) years from
the date of this Deferment Agreement
2. The Developer agrees to construct the Deferred Improvements, In accordance
with the Cltya engineering standards In effect at the time of construction.
3. The Developer agrees to deposit a total of One Hundred Seven Thousand One
Hundred One dollars and SixtvNine_ cent4 (S107.10,69), In the form of an
irrevocable letter of credit Issued by Regions Bank for 110% of the estimated
cost of constructing the Deferred improvements, with the City, in a form approved
by the City's Director of Financial Servides, on or before the plat is filed with the
County Clerk, and if the deposit is not made by that time this Agreement shall
become nutl and void. '
4, Upon completion of the Deferred Improvements within two (2) years from the
date of this Agreement, or later time as may be mutually sensed upon by both
parties, and upon acceptance of the portion of all of the Deferred knprovementa
by the City Engineer and upon compliance by the Developer with the remaining
terms of the Deferment Agreement, the City Engineer shall:
a. Immediately release Developer from the obligations to construot the
Deferred Improvements by mailing a Release Letter to:
Sage Properties
6303 Beverly Hill
Houston, TX 77057
b. Retum to the Developer within sixty (60) days of the completion of the
construction of the Deferred Improvements and settlement of the
construction coats, the letter of credit and any balance remaining of all
monies received by the City from the Developer, including any Interest
earned for the portion of the Project.
5. If the Deferred Improvements have not been completed within two (2) years from
the date of this Agreement, or If the Developer falls 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 may cat the letter of credit and transfer the
amounts received, including any Interest eared, to the appropriate City fund and
the City will then begin completion of the construotion 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'Bank and the Developer, el their Interests may appear. if City constructs all
or any part of the Deferred Improvements, the Developer agreea 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
Determent Agreement -gaga Properties
Page 2 of 8
thirty (30) days after City completes the Deferred Improvements and bills the.
Developer.
•
8, 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
completion of the construction of the Deferred improvements, the letter of credit
and any money received by the City from the Developer remaining an deposit,
plus interest earned, will be released and immediately returned to the Developer.
7. If Developer deisufte 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 melt, 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 receipt of the
notice and opportunity to pure, the City Engineer will exercise the City's rights
under the letter of credit and transfer any monies received and Interest eamed to
the appropriate fund of the City to complete the Deferred Improvements. In the
event there are any monks received by the City from the Developer, plus interest
earned, remaining alter the City has completed =auction of the Deferred
Improvements, the excess monies, both principal and Interest, shall be refunded
to the Bank and the Developer, as their interests may appear, within sixty (80)
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 thin
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 th. records of Nuecos County.
11. No party may assign this Deferment Agreement or any rights under this
Agreement without the prior written approval of the other party.
12. Unless otherwise stated in thts Agreement, any notice required or permitted to be
given hereunder shalt be. in writing and may be given by personal delivery, by
fax, or by certified mail, and If givep personally, by fax or by certified mall, shall
be deemed sufficiently 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 with the provisions of this paragraph, specify a different address or
addressee for notice purposes.
Deferment Agreement — Sage Properties
Page 3 or 6
13. 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 am performable In
Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in
Nueces County.
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 to this Agreement as Exhibit "D."
15. The City agrees that upon the execution of this Agreement, the posting of the
required letter of credit with the City, and the provision of operable water and
sewer service as required by the Platting Ordinance, the City immediately will file
the plat and proceed to assign addressee to the lob Identified in the plat and
authorize the issuance of building permits for the construction of residences on
the Ida, subject to compliance with applicable technical construction codes and
procedures concerning the Issuance of construction permits. The City
acknowledges that Developer intends to defer the construction of public
improvements until the construction of the apartment complex. The City will not
be required In any event to issue a certificates of occupancy for a facility until the
public Improvements and all required utilities and other Infrastructure
improvements on the lot have been completed. Developer shall be required to
have ail public and Infrastructure Improvements constructed in the subdivision
within two (2) years from the dice of this Agreement.
18. This Agreement shall be executed In trtpticate, 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 shell income effective and binding upon and shall Inure to the
benefits of the parties and their respective heirs, successors and assigns.,
EXECUTED In triplicate this /S day of
Sage Properties
overly Hill
uston, 770
B
2005.
P. . Charnqulst, P ident
Oefemrent Agreement — Sege Properties
Page 4 of 5
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
Th instrument was acknowledged before me on at C . 16''1 20051 by
J P, Chem, quiet, Presid > nt of Sege Properties
Vir„►n' r �
tot
ry Public, State of Texas
ATTEST,
By:
Armando Chaps
City Secretary
Jt,
CITY OP CORPUS CHRISTI
P. O. Box 8277
Corpus Christi, Texas 78488
Telephone: (361) 880.3500
Facsimile: (361)880.3501
By:
Ge
Noe
City Manager
APPROVED AS TO FORM: This ( f day of Se-4„- , 2005.
MaFischBr, City Attomey
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on thee day f ,
by Geg(ge K. Noe, C onager, for the City Of Corpus Christi, a Texas municipal
corp g of tlon, on beha o{ the gorporation.
Notary Public, State 01 Texas
Deferment Agreement — dupe Properties
Page a ore
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EXHIBIT TITLE:
PUBLIC IMPROVEMENT
DEFERMENT
SCALE: 1"r=401
DURBAN'
ENGINEERING
CORPUS ewesn TOMS
MI MINS ABS MANN ..,,.,..H.,,„,
MYIfFMI •1
BAY VISTA APARTMENTS
CORPUS CHRISTI, TEXAS
JOB NO. 39657.00.00
DEC 2005 RCU /kp
SHEET 6 OF 11
SHEET NO.
EXHIBIT 2
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DETENTION POND
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EXHIBIT TITLE:
SHEET 6 OF 11
SHEET NO.
PUBLIC IMPROVEMENT
DEFERMENT
. SCALE: 1 " =40'
BAY VISTA APARTMENTS
CORPUS CHRISTI, TEXAS
JOB NO. 39657.00.00
DEC. 2005 RCU /kp
PROBABLE COST ESTIMATE FOR PRELIMINARY LAYOUT
EXHIBIT 3;
PROJECT: Bay Vista Apartments
DATE: 12/15/05
JOB NO.
39657.00.00
Item
Description
Quantity +5"f
Unit
Unit Price
Total Amount
A. Public Improvements
1
4' Diameter Man Hole (5'- 8'Deep) (Sanitary)
1
EA
$3,500.00
3,500.00
2
Connect to and Rehabilitate Existing Man Hole
1
EA
$4,000.00
4,000.00
3
Type 8 Man Hole (Storm)
1
EA
$3,000.00
3,000.00
4
Slot Inlet
4
EA
t1,600.00
$6,400.00
5
Grate inlet
2
EA
51,200.00
$2,400.00
6
ReconstructTop 01 Inlet
4
EA
$480.00
$1,920.00
7
Tap Existing Inlet At Flow Line
1
EA
$500.00
$500.00
8
6" PVC(C -900)
37
LF
$25.00
$925.00
9
18" RCP
20
LF
$33.00
$660.00
10
15" RCP
8
LF
$30.00
$24000
11
Pavement Repair
27
SY
$70.00
$1,890.00
12
6 "L Curb
1483
LF
$17,796.00
13
Pavement Repair at Curb
330
SY
$$12.00
51.50
$16.995.00
14
5' Sidewalk
7415
SF
$3.75
$27,806.25
15
1 -1/2" HMAC Inc. Prime Coat
80
SY
$8.50
$680.00
16
6" Lime Stone Base
80
SY
$8.25
$660.00
17
8" Lime Stabilized Subgrade
80
SY
$7.50
$600.00
18
Traffic Control
1
LS
$600.00
$600.00
Construction Cost
SubTotal
$90,572.25
Engineering Fee @ 7.5%
$6,792.92
Total Cost
$97,365.17
Total Cost +10%
$107,101.69
EXHIBIT 3;
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or Arms 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: Saae Prooerties
STREET: 6303 Beverly Hill CITY: Houston. TX ZIP: 77057
FIRM Is: 1. Corporation ❑ 2. Partnership ❑
5. Other ❑
3. Sole Owner ❑ 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 "firm ".
Name N/A Job Title and City Department Of 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 N/A 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 N/A 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 N/A Consultant
CERTIFICATE
1 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.
Title: President Saae Prooerties
Certifying Person: ,,,fires P. Charncuist
Signature of Certifying Person: Date: dam+ �— �� 2.hu I
EXHIBIT 4
DEFINITIONS
a. "Board Member. A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Employ ee °. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but
not as an independent contractor.
c. "Firm'. My entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including 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.
d. "Official ". 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.
e. "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.
f. "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.
Development
Services Department
Memo
To: George Noe, City Manager /
THRU: Bob Nix, AICP, ACM of Development Services �j�{i
FROM: Charles Baish, III, P.E., Senior Engineer, Devebpment Services
CC: Juan Perales, Jr., P.E., Deputy Director of Development Services
Date: July 11, 2008
Re: Letter Agreement to Reduce Security, Bay Vista Apartments (Furman Addition, Lots 1 -11)
Request the City Manager endorse the Letter Agreement to Reduce Security (attached), which authorizes
the return of a portion of a cash deposit to Sage Properties, Developer of Bay Vista Apartments. The
cash deposit is held by the City per the provisions of a Deferment Agreement between the Developer and
the City. Staff determined that the cash deposit may be reduced because the Developer has substantially
completed construction required as a condition of platting.
On December 5, 2005, Council approved a Deferment Agreement (Exhibit 1) between the City and Mr.
Jim Chamquist of Sage Properties, owner and Developer of Bay Vista Apartments (Furman Addition, Lots
1 -11). The terms of the Deferment Agreement defer construction of wastewater, stormwater, paving, and
sidewalk public improvements required as a condition of platting the property. The Developer secured
110% of the cost of constructing the deferred public improvements with a cashier's check in the amount of
$107,101.69.
On May 21, 2008, City Staff including Chip Baish, Leon Bazar, and Jim Camp met with the Bay Vista
Project Engineer, Chip Urban, and the Project Construction Superintendent to walk the project site with
the goal of generating a final "punch list' of construction items to be completed prior to acceptance of the
project by the City. Additionally, the developer requested relief of responsibility to construct a sidewalk
shown on the approved construction plans. The sidewalk that will not be constructed is along a portion of
the property fronting Hancock and Furman Streets and along the entire Water Street frontage. After
touring the site, Mr. Bazar determined the sidewalk could be deleted as long as the remainder of the
project site is 100% ADA compliant. Mr. Bazar identified ADA issues (Exhibit 2) that must be complied
with.
Work on completion of the "punch list" items is underway, with completion scheduled for August 1, 2008.
The Developer, in telephone conversations with staff, requested partial release of the deferment security,
in an amount equal to the cost of the deferred improvements accepted by the City. Engineering
Services' Construction Inspection section identified the remaining "punch list" items and provided a cost
estimate (Exhibit 3) for use in determining the amount of the Developer's deposit to withhold as security to
insure the items were completed. The cost estimate identifies $22,550.00 of work uncompleted. The
retum of the Developer's security is $84,551.69 ($107,101.69 - $22,550.00 = $84,551.69).
Attachments:
Letter Agreement to Reduce Security
Exhibit 1 Deferment Agreement
Exhibit 2 ADA Issues List
Exhibit 3 Cost Estimate
1 of 1