Loading...
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 W WW.CCrexaS.COm One Stop Shop Permitting Plan Review lnllastrucaox and Building Construction Inspections 4tn*ing Together Tv Build A Better imam 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 ITSI AUTHOQIIk� %r C-0UNCIi. __l'�lu _...__. ,.... gECaETA .9 Y I.I ,.. MOT t o.SwM Of COSMIC SWUM SEMA UAE • .I •II L 75'.P HOE NW HOPE • II i M OE MO MDSE R EASNO SLOT MET t 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 -kratermwrikarra -G6•i e.e.wa 364 OF SEMI LM • DETENTION POND UNDER GARAGE 27',12 SEC SIIM 1 FOR OFWVION MID OESMS 14. H S'6' IUPE RL•m IR•O.10 '412' Ii9PE wt SIRLtr wwoL' W PNROENT 2.5.002 COST. ME 20.00± 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