HomeMy WebLinkAboutC2009-404 - 10/13/2009 - ApprovedTimbergate Drive
Development Contract
Page 1 of 5
TIMBERGATE DRIVE DEVELOPMENT CONTRACT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Contract and Agreement (hereinafter "Agreement") is entered into between
the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City")
and Senior Quality Lifestyles Corporation, (hereinafter "Developer.
WHEREAS, Developer and others who own property within the area served by the
planned collector, Timbergate Drive, as shown on Exhibit A attached to and made a
part hereof, which area is hereafter called "Timbergate Drive;" and
WHEREAS, all of the lands situated within Timbergate Drive are generally undeveloped
and not platted in accordance with the City's present Platting Ordinance; and
WHEREAS, Developer and others who own land within Timbergate Drive (hereafter
called Participating Owners") have joined together and entered into various Agreement
in an effort to cause the construction and improvement of such Timbergate Drive at
substantial cost savings to all persons who own land with Timbergate Drive; and
WHEREAS, Developer and certain owners within Timbergate Drive (hereafter called
"Funding Owners") have agreed to advance the funds necessary to acquire the
necessary right-of-way, to cause the construction and improvement of Timbergate Drive
as required by the City in connection therewith (hereafter called the "Project") with the
understanding that all persons who own land with Timbergate Drive who initially do not
contribute their prorata share of the cost of constructing such Project (hereafter called
"Non-Participating Owners") shall be required by the City to pay their pro rata share of
the cost of such Project, as set forth in Exhibit B, attached hereto and made a part
hereof, at the time hereafter specified; and
WHEREAS, the Funding Owners have devised apro-rata frontage plan for sharing the
total cost of the Project among all Participating Owners and Non-Participating Owners
who will be served by said Project; and
WHEREAS, the cooperative plan for such cost sharing appears to be a logical and
systematic approach to providing improved access to an area of the City now ready for
development which would otherwise be unable to provide access on a piecemeal basis;
and
WHEREAS, said plan is deemed by the City to be appropriate and acceptable.
2009-404
M2009-295
10/13/09
~r. Quality Lifestyles Corp.
Timbergate Drive
Development Contract
Page 2 of 5
NOW, THEREFORE, Developer and City hereby agree as follows:
1. Developer shall cause each Participating Owner to dedicate to the City that
portion of the right-of--way for such Timbergate Drive which crosses such owner's tract
of land at the location and the width shown on Exhibit A.
2. The Participating Owners are the owners of tracts numbers one (1) and two (Z)
as shown on said Exhibit A.
3. The Non-Participating Owners are the owners of all other tracts situated within
Timbergate Drive, as shown on said Exhibit A, other than the owners specified in
paragraph 2, above.
4. The estimated costs to be incurred in completing the project attributed to each
tract within Timbergate Drive is calculated on a linear foot frontage basis with respect to
that portion of the cost of the Project situated along Timbergate Drive, are set forth on
Exhibit B.
5. When the actual costs of the Project are determined and fixed, then Exhibit B
shall be modified (using the same per linear footage cost basis as specified in
paragraph 4, above) to reflect the actual cost attributable to each Non-Participating
Owner.
6. Each time that aNon-Participating Owner seeks to obtain from the City any of
the following:
(a) Approval of a plat of all or portion of a tract within Timbergate Drive;
or
(b) Approval or issuance of a building permit with respect to the
construction of any improvements situated on all or portion of a
tract within Timbergate Drive; or
(c) Approval of any utility connections or the furnishing of any utilities
with respect to all or any portion of a tract situated with Timbergate
Drive;
the City shall require each Non-Participating Owner to pay to the City such owner's
share of the actual cost of such Project (determined in the manner specified in
paragraphs 4 and 5, above) plus an interest rate equal to 5.0% per annum, with respect
to the specific linear frontage for which such approval is sought. Such interest factor
shall be calculated from the date the public improvements are accepted by the City
Engineer to the date such Non-Participating Owner pays his share of the Project cost.
Timbergate Drive
Development Contract
Page 3 of 5
7. Immediately upon receipt of any sum from any Non-Participating Owner, under
the terms of paragraph 6, above, the City shall immediately pay and disburse such sum
to the Funding Owners through Developer, in accord with the percentage allocation
furnished to the City by Developer at the time the actual costs of such Project have
been determined.
8. Any Non-Participating Owner may pay his share of the cost of the Project, plus
the interest factor, if any, at any time; whereupon, such Non-Participating Owner shall
have no further obligation under the terms of this Contractor any ordinance or
assessment enacted in connection with this Contract.
9. City shall enact such ordinances and levy such assessments as shall be
necessary or desirable to give notice of and perfect and enforce the terms of this
Contract with respect to each tract located with Timbergate Drive, except those
enumerated in paragraph 2, above. City's obligation to reimburse Develaper and/or
Funding Owners shall only be from funds received as provided for in Section 6 herein
and should, for any reason, any such ordinance or assessment as provided for in
Section 9 be ruled invalid and/or otherwise illegal by the Texas Supreme Court, or a
lower court if no appeal is made by Developer or City, the City will have no obligation to
reimburse said Developer or Funding Owners under this Agreement.
10. This Contract shall cease, terminate and expire upon the occurrence of the
earlier of the following dates:
(a) The date of the twentieth (20th) anniversary of this Contract; or
(b) The date that each owner of each tract within Timbergate Drive has
paid his pro rata share of the costs of such Project.
11. The Non-Participating Owners are responsible for the construction and
installation of the required sidewalk along the north side of Timbergate Drive without
compensation from the City, Developer or Funding Owners.
12. City agrees to maintain Timbergate Drive and appurtenant structures after:
(a) Plans providing for such work are approved by the City Engineer;
and
(b) City Engineer certifies that he or his representatives has inspected
and is satisfied with such construction.
13. Developer shall furnish City with evidence of a satisfactory one year
warranty against defective materials and/or workmanship from the date of acceptance
of maintenance of work covered by this Agreement.
Timbergate Drive
Development Contract
Page 4 of 5
14. This Development Contract or any rights under this Contract may be assigned by
Developer to another with the written approval and consent of the City's City Manager.
EXECUTED in tri licate on finals this n~ ~^ ,, ~,-. , 2009.
p g ~`Ll day of U[ ®~-~J-
Senior Quality Lifestyles Corp. ("Developer")
8523 Thackery Street
Dallas, TX 7 25
By: -
Dave Brown,
Vice President of Development
THE STATE OF TEXAS §
"D~ §
COUNTY OF'R §
This instrument was acknowledged before me on ~ ~ , 2009, by
Dave Brown, Vice President of Development, Senior Quality Lifestyles Corp.
t Public, State of Texas
.d~i"rr "~
.. dad JANINE COHEN
~`°' ~~ ~': Notary Public, State of Texas
,yj~~~ My Commission Expires
•.,„ ~m,r~ Aptll 10, 2011
Timbergate Drive
Development Contract
Page 5 of 5
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By: ~
Armando Chapa
City Secretary
f
~"
By: ~--'
n el Escobar
City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the IS~day of ~r , 2009,
by angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal
corporation, on behalf of the corporation.
.~ A D
Notary Public, State O exas
APPROVED AS TO FORM: This /--~ d y of ~~~~ , 2009.
~~
eborah Walther Brow ,
Assistant City Attorney
For the City Attorney
r~,,," NOU.YWOUGHTON
~*; "'= MYCpMMISSIpNEXPIRES
yx• ~ = September 24, 2012
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EXHIBIT A
EnB: MuRay Nudson, P.E: STT~ET BARTIt2FATtON ESlllIIATE Sent 18.2009
By: C.RR, tot .bb.No. 37698A9:01
PLATTINTi.UY~ROIVEtAfNiS
THE 11tlLAG>~ AT TIM8Et.3A1E UNB ONE
(north hq4 d Timbei~aN Orlvs)
td2
EXHIBIT B
E~ Murt7y tludsa+, P.E. STREET PAR71gPAT10N ESTIMATE seW.13,2009
By: O.R:R, for Job No. 37~8A9:01
PLAT11NOi' MAVfiOYEMENTS
TFIE.YIC1Al3E'AT TIMBER¢g18.4NITONE
(north Iwlf aldlroba0ola Drire)
4UANTITY
ENCiINEERINO AND ADh11N(STRATI ON
1 8!6 atoonstitsbeon 367;101.
2 T ic.'S deal 33 .00
3 .. stiuotlon
4 3'96oACenskruc8an
5 1NMtef . Pralrentton . an ;500.00
321'413.18
500.
70TAL ADM1N~ C061; i9 ' 1 83
TOTAL C08T: 380 :03
PARTiCiPA 4 L L1471 N
A. STREET S:
1 5076 cf attest f eRld eftdUdn sideweik
B: TERM SEWER IMPRaNEM NTS:
1 1 atlm tmtxde related Op north side ".... .. on ~d.dta e
2 prtlokDesed drt:ti~alf cahtilbutibn: SM1:05%1ur noM Tlmbe to Dr
ve'
182.946.63
1 ~i60.Q0
314'
C. ER. NE IMP NTS:.
1 6096ctwaterine ""roa<eiiieins 328134.00
[). AND ADNNN.:
1 at " adiidri post
6007.47
A1. PARTIpPAT90N E3 TiMATE'FOR NO RTH OF STR 841.89
water tuo-oft celeule8twr
'
1 ToteFnirtoft t~soGiatibd wi81 fiiibe"r "1e 0r1va stem sewer to CFS 111
2 do e¢rlhx~le W ro on stile of " M CFS 80
96 coordAbufl0tl 54.0696
2012
EXHIBIT B
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EXHIBIT C
I ilf� i
ORIGINA
Doc# 20090473
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Contract and Agreement (hereinafter "Agreement ") is entered into between
the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ")
and Senior Quality Lifestyles Corporation, (hereinafter "Developer.
WHEREAS, Developer and others who own property within the area served by the
planned collector, Timbergate Drive, as shown on Exhibit A attached to and made a
part hereof, which area is hereafter called "Timbergate Drive;" and
WHEREAS, all of the lands situated within Timbergate Drive are generally undeveloped
and not platted in accordance with the City's present Platting Ordinance; and
WHEREAS, Developer and others who own land within Timbergate Drive (hereafter
called "Participating Owners ") have joined together and entered into various Agreement
in an effort to cause the construction and improvement of such Timbergate Drive at
substantial cost savings to all persons who own land with Timbergate Drive; and
V IR REAS, Developer and certain owners within Timbergate Drive (hereafter called
"Funding Owners ") have agreed to advance the funds necessary to acquire the
necessary right -of -way, to cause the construction and improvement of Timbergate Drive
as required by the City in connection therewith (hereafter called the "Project ") with the
understanding that all persons who own land with Timbergate Drive who initially do not
contribute their prorata share of the cost of constructing such Project (hereafter called
"Non- Participating Owners ") shall be required by the City to pay their pro rata share of
the cost of such Project, as set forth in Exhibit B, attached hereto and made a part
hereof, at the time hereafter specified; and
WHEREAS, the Funding Owners have devised a pro -rata frontage plan for sharing the
total cost of the Project among all Participating Owners and Non - Participating Owners
who will be served by said Project; and
WHEREAS, the cooperative plan for such cost sharing appears to be a logical and
systematic approach to providing improved access to an area of the City now ready for
development which would otherwise be unable to provide access on a piecemeal basis;
and
i
Timbergate Drive .
Development Contract
Pagel of 5
TIMBERGATE DRIVE DEVELOPMENT CONTRACT
I()
WHEREAS, said plan is deemed by the City to be appropriate and acceptable.
STATE OF TEXAS
COUNTY OF NUECES
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
1A
9
DIANA T. BARRLRA
NUECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ental or use
of the described REAL PROPERTY because of Race,
Color,
Reli ion, Sex, handicap, Familial Status, or Nat
iDna Origin
is invalid and unenforceable under FEDERAL LAW,
3/12/89.
Doc# 2009 +47357
# Pages 10
11/24 /2009 9.12AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $51.00
{ � Vi£y +sal`( i�ov� €�Eiriequ
SU - SClul
'3
ry '"U� Ll;� %]' v�t3 L- 100
ORIGINAL