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Home My WebLink AboutC2009-406 - 10/13/2009 - ApprovedDeferment Agreement Between SQLC and City Page 1 of 7 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 Senior Quality Lifestyles Corporation, (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of The Village at Timbergate Unit 1 (the "plat"), which was approved by the Planning Commission on September 30, 2009. 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 (75%) of the required improvements, before the final plat is endorsed by the City Engineer. 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 B, 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 agrees to post financial security in the sum of One Million Seven Hundred One Thousand Two Hundred Ninety-Eight Dollars and 59/100 ($1,701,298.59) issued by a financial institution acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, issued by a surety acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, as more fully discussed at Sections 2 and 3 below, and all as shown on the attached cost estimate, which is attached and incorporated as Exhibit C. 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; 2009-406 M2009-293 10/13/09 Sr. Quality Lifestyles Corp. Deferment Agreement Between SQLC and City Page 2 of 7 NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City 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 B for up to one (1) year from the date of this Deferment Agreement. 2. The Developer agrees to post financial security in the sum of One Million Seven Hundred One Thousand Two Hundred Ninety-Eight Dollars and 59/100 ($1,701,298.59), issued by a financial institution acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, issued by a surety acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, with the City, in a form approved by the City's City Attorney and Director of Financial Services, on or before the plat is filed with the County Clerk, and if the financial security is not posted by that time this Agreement shall become null and void. 3. The financial security must be executed by the Developer, as principal, and by a corporate surety acceptable to the City, as obligee, and conditioned upon the Developer named in the financial security faithfully complying with all of the provisions of this Agreement until the City has accepted the Deferred Improvements. a. The financial security shall secure the City against atl costs, charges, and expenses related to the failure of the Developer to construct the Deferred Improvements by the City or another developer, regardless of whether the City has incurred any costs. The financial security issued under this provision must be valid for deferment period or more, and require as sole documentation for payment, a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the financial security, or a statement of the failure to furnish proof of renewal or replacement of the financial security, no less than thirty (30) days prior to the expiration of the then current financial security. b. Unless the Deferred Improvements are constructed as provided in this Agreement, the financial security must be renewed upon expiration, and proof of the renewal must be received by the City's Director of Engineering Services at least thirty (30) days prior to the financial security's expiration. If no renewal is received, or cash or other approved substitute security provided, the City may, after ten (10) days prior written notice mailed to Deferment Agreement Between SQLC and City Page 3 of 7 the Developer at the address listed in this Agreement, call the financial security for failure to timely renew. c. If the financial security is called for failure to timely renew, the money will be held in an account for the construction of the Deferred Improvements, as if cash had been posted in lieu of said financial security. The City is not liable for any interest on any called financial security. d. To be acceptable to the City, the company issuing the financial security must be: (1) Licensed in Texas. (2) Approved by the City's City Attorney and Director of Financial Services. 4. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 5. Upon completion of the deferred improvements by Developer within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements 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 construct the deferred improvements by mailing a Release Letter to: Senior Quality Lifestyles Corporation 8523 Thackery Street Dallas, TX 75225 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the City from the Developer, including any interest earned. 6. If the deferred improvements 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 8. below, the City will call the financial security and transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred Deferment Agreement Between SQLC and City Page 4 of 7 improvements, if the sum of money and interest prove inadequate to complete deferred improvements. Reimbursement shall occur within thirty (30) days after City completes the required improvements and bills the Developer. 7. 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, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 8. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written 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 to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received 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 from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 9. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 10. 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. 11. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. Deferment Agreement Between SQLC and City Page 5 of 7 12. Developer shall provide City with a good and sufficient payment bond executed by the Contractor and a surety acceptable to the City in an amount equal to one hundred and ten percent (110%) of the approximate total amount of the construction contract between Developer and third parties, as evidenced by such construction proposal, guaranteeing the full and proper protection of all construction contractors supplying labor and/or materials in the construction. Developer shall furnish City said payment bond upon execution and delivery of the construction contract or contracts. 13. Additionally, Developer shall provide City with a good and sufficient performance bond based on the scope of work executed by the Contractor, and a surety acceptable to the City in an amount equal to one hundred and ten percent (110%) of the approximate total amount of the construction contract between Developer and third parties, as evidenced by such construction proposal, for which the City is named as co-beneficiary, securing the City against any and all claims of Developer's Contractor, in the event of default in said construction contract. Developer shall. furnish City said performance band upon execution and delivery of the construction contract or contracts. 14. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 15. This Deferment Agreement or any rights under this Agreement may be assigned by Developer to another with the written approval and consent of the City's City Manager. 16. 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 certified mail, and if given personally, by fax or by certified mail, 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. 17. 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 are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 18. 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. Deferment Agreement Between SQLC and City Page 6 of 7 19. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. 20. This Agreement shall be executed in triplicate, 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 shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTED in triplicate originals this 0~ day of ~~~~~~ , 2009. Senior Quality Lifestyles Corp.. ("Developer") 8523 Thacke eet Dallas, TX 2 5 By: ave Brown, Vice President of Development THE STATE OF TEXAS § c 1~.~ § COUNTY OF~B~ § This instrument was acknowledged before me on ~{~ , 2009, by Dave Brown, Vice President of Development, Senior Quality Lifestyles Corp. d0~."•'!!. JANINE COHEN o ry Public, State of Texas ~'' ~'_ -votarvPu~iic,stateo~rexas ~,.' My Commission Expires ~{,~~`~ April 10, 2011 Deferment Agreement Between SQLC and City Page 7 of 7 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 By: g Escobar ity Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the ~lday of ~,c ~-Q~, 2009, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. ,`,` '-.~ MY COMMISSION EXPIRES =- Notary Public, tate Of xas ~` " ,,,eer2a,2o12 S I~ ~*• APPROVED AS TO FORM: This ~~y of ~~~ , 2009. borah Walther Brow Assistant City Attorney For the City Attorney ~. ~,..~! ,f.~.l~ .. AUTNORI1fD ~ c~RCn. ,,,,~,~I 3.~C~ C, SfCRETAR~I~• ' ~ ~ ~ ~~ ~~ ~~ ~~ ~ ~ g~~~ ~~ ~~~~ ~ ~~~~ s~ ~ ~ Q A 9. 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I 1 $~y 1 1 r ~~ 3~ID0' ( I i ~ IQ I g ~ t II I I ~ ~+ i 1 I I 4 I I ~ ~ ( 1 1 N I I 7 I 11 YA i ~~~ ~gl I I 1 1 J 11 ~, I I stw,she~ ~ I I ~ I i ~ ~ ~~~ g ~ ~~~ Cpl ~~ ~ ~® ~V ~ ~ ~ I~ -~~ ~~ ~ ~ s~~ ~ ~ i III ~ i ~~ I I;# a: ® ~ I ~ I ' I 1 ' I I II ''~ I ~ Iv ~ r I ~~ g ~~~ 7tlI~B I~cERb ~ m ~4E ,1 j~ ~ ~ t f =- , _~-°~'~'--- ~~ -- - I I ! to' wre. sbwt aaeaoon Z ~ g ~ - - - _ m _ ~a, ~ -e ~! ~ t,x ++, awon t, -« ,a eadlen n flew fiery ~ 4 ~ ~~Nnn inonb Fkur BWM pM P~nt Carton irocM ~!! ~ 0 wn r ~'~a~N ~~~c` ~ ,~e.,d. ~ Oanbti Fnca. ~I IloaaNn ~1 an aan ~w T tan.n sWM unr-~r. -iq I (unnrr cwp.. o..MopmM, wq ~~ ~~~~ ~~ ~ I~ ~ ~ ~ ~ ~~ ~ EXHIBIT A ;PAGE 2 4F 2 ____ Ex64f. ~s' WATFR ~ South Staples Street (f.M. 2444} 155fON LJNE ~ 25Y.R. wa ~ i t ~ pQ i ~i~ F~ ~j~~~~ ~~ ~~ ~ 9 li~ ! a ~~~.; 3[3[ iii spl_t1 ~ ~,.~ i~ ~ E~1f ~_ ~ ~~ AMY[ ~pp 1p~~ t~p3 1 tf p r# S si~ II ~i ~~~~~~~[~ N N -p' i '' VI ~' ' rt ~ ~ `$~~ 1 i ! ~ i ''tt ~ pA ° ~~~E ~I~IP ~~ o ~ ~ }~.~I ~ o ~~~ ~~~ ~ ~~ ~~~ ,~ t ~; u _ ~ ~~ cn C3 i 7.5'U.E.~~ n; D ~ ~----------~---------rsz=: - trzs-3r3s=-'r'a~ +~' ~ ~i nr F !~Y!! ~r =~ly * ~i i ~ I1 N ~E~~~ ~s;~ ~~ '~ly~~ ~ ~ ~C V ~ Fupire PotU i ! i `` f0 ~y. i go O ~8g ~ ~ ~ ~~ ~ i i o ~ ~ ~ i ~ A -.--.~__...._..~~~ $°, /~ 24 Spanish Wood Drive tg _~~._.._.. "~ : p - - - - - - T_ ____ [~~igr w °A•~` ' ~~~~4~:.j~~ ` ~~p{ ~ rn a n. m 0" LOt ~ ~ A ~~~~! $ ~ $. ~ .~~ ~ Oralnoq~ R.W. _ _ OraU-ops R.O.W. S .-;- gg 'O'e S w P. 0'x4' ~es~ ~~~ d d~ ~~F' dV~J .s (70NC. sW( d ~ s ~5 i i ~~~ ~ C i I R ° ~~ ~ ~ ~ ~ ~~ ~ ~,~ ~' :: ~ Z ~~ ~ ~ EXHIBIT B ... ~-: ~ - .-..... DEFERMENT COST ESTIMATE ' for . - PLATTING INFRASTRUCTURE IMPROVEMENTS THE VILLAGE AT TIMBERGATE UNIT ONE ITEM DESCRIPTION QUA TY UNIT UNIT TOTAL _ PRICE COt3T TtMt3EROATE IMP OVEMENTS: A. 1 STREET SE 710N ROM STAPLES ST. TO EN D OF MARKET TIMB ERGATE CEM ER 350' 1 Clear and Grub R t Wa 0.24 AC 5500. $120.00 2 R Excavation 949 CY $3.25 $3,084.25 3 2" HMAC Irrdud Prime Coat 767 SY $12.00 $9,204.00 4 8" Limestone Base 805 SY $14.00 $11,270.00 5 10" Lkne StabNized Subgrade 843 SY $5.25 $4,425.75 8 8"'L' Curb 345 LF $11.26 $3,881.25 7 4' Concrete Sidewalk 1,380 SF $3.85 $5,313.00 PART ASLIB-TOTAL: $37,298.25 8. REMAINING FULL SECTION TIMBERGATE DRIVE SIDEWALK ON E SIDE O NL 1 Clear and Grub RI of Wa 2.09 AC $500.00 $1,048.00 2 Ro Excavation 9,906 CY $3.25 532,194.50 3 2" HMAG kscludin Pty Coat 7,251 SY $12.00 587,012.00 4 8" Umesione Base 8,498 SY $14.00 $118,944.00 5 10" Lkrre StattStzed Su rade 8,941 SY $5.25 $48,940.25 8 8*Y: Ctxb 3,b34 LF $11.25 539,757.50 7 4' Concrete Sidewalk 8,927 SF $3.85 $28,888.95 • PART B SUBTOTAL: $352,582.20 C. TIM BERGATE DRIVE STORM SEWER IMPROVEM ENTS: 1 15" RCP 80 LF $22.00 $1,320.00 2 i8"RCP 30 LF $30.00 $900.00 3 30" RCP 782 LF $50.00 $39,100.00 4 42" RCP 828 LF 574.00 $43,980.00 5 5'x4' ReiMorced Concrete Box 338 LF $200.00 587,200.00 8 65c4' Reinforced Concrete Box 135 LF $250.00 $33,750.00 7 OSHA Trench Protection 1,971 LF 52.DO $;1,942.00 8 5' Slot trdei 8 EA $2,000.00 12,000.00 9 Junction Box 5 EA $4,600.00 522,600.00 10 Outfall Structure 1 LS $15,000.00 515,000.00 11 D9ch Excavation to Boardwalk Ditch Tte-In Inc. Rlp Rap 1 LS $101,200.00 $101,200.00 PART C SUB TOTAL: $340,872.00 D. TIM BERGATE DRIVE WATER IMPROVEMENTS: 1 8" PVC G-900 1,874 LF $22.~ $41,228.OD 2 8"Gate Valve and Banc 8 EA $885.00 $5,190.00 3 8" Ductile irar Tee 2 EA $325.00 $850.00 4 Fire H r8M Assembl Com to In- 3 EA $2,500.00 $7,500.00 5 8" Ca with 2" BlawofF VaNre and Test Riser 2 EA $350.00 $700.00 e Tie toEx~ Waterline 1 LS $1,000.00 $1,000.00 PART D 3UB-TOTAL: $66,288.00 E. TIM BERGATE DRNE SANITARY SEWER IMPROV EMENTS: 1 8" PVC 10'-12 80 LF $45.00 $2,700.00 2 Embedment 80 LF $9.00 $640.00 3 OSHA Trench Protection 80 LF $1.75 $105.00 4 Well Points 80 LF $22.00 $1,320.00 5 4' ~ameter Manhole 8'-10' 1 EA $7,000.00 $7,000.00 8 8" PVC PI 1 EA $150.00 $150.00 PART ESUB-TOTAL: $11,815.00 1 of 3 EXHIBIT C PAGE 1 OF 3 DEFERMENT COST ESTIMATE for PLATTING INFRASTRUCTURE IMPROVEMENTS THE VILLAGE AT TIMBERGATE UNIT ONE EM DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE COST f. TIM ERGATE t?RIVE MISCELLANEOUS ITEMS: i General Conditions, Bonds and Insurance 1 LS $55,917.08 $55,917.08 2 3 PP I 1 LS $8,000.00 $8, 0.00 3 AEP Sleeves 1 LS 51,500.00 $1,St10.00 SUB-TOTAL E8TIMATED TIMBER GATE DRIVE IM PART PROVEM 1= Sl1B-TOTAL: ENTS COS $85,417.08 $884 232.63 SPANI SHWOOD IMPROVEMENTS: G. SPANISHWOOD DRIVE AND STONEHENGE DRIVE IMPROVEMETN7S: 1 Clear and Grub Ri ht of Wa 1.75 AC $500.00 $875.00 2 R ~ccavation 7,304 CY $3.25 $23,738.00 3 2" HMAC Intl Prime Coat 5,218 SY $12.00 $62,616.00 4 8" Limestone 6,079 SY $14.00 $85,106.00 5 1t} Lime abi8aed Su reds 6,368 SY $5.2b $33,421.50 8 8"'L'Curb 2,6A0 LF $i1.25 $29.700. 7 4' Concrete Sidewalk 10,560 3F $3.85 $40,656.00 8 Street I n 2 EA $750.00 1,500.00 9 T Limestone Cut-de-sac 648 SY $14:35 $9,298.80 10 Street Barricade 2 Fro $1,200.00 $2,400.00 PART GSUB-TOTAL: $289,311.30 H. SP ANISHWOOD DRIVE STORM SEWER IMPROV EMENTS: 1 15" RCP BO LF $22.00 $1,320.00 2 24" RCP 79 LF $40.00 $3,180.00 3 42" RCP 80 LF $70.00 $5,800.00 4 48" RCP 70 LF $80.00 $5,600.OD 5 110'x8'x4' Concrete Box Culvert with HeadwaiN 1 LS $40,000.00 $40,000.00 6 OSHA Trench Protedlan 399 LF $200 $798.00 7 5' Slot itdet a EA $2,000.00 $12,0.00 8 4' Demeter Manhole 1 EA $2,500.00 $2,500.00 9 OulfaB Structure 2 LS 510,000.00 $20,000.00 yM' ~ ~~ PART HSUB-TOTAL: $90,978.00 I. SPA NtSHW000 DRIVE WATC-R IMPROVEMENTS: 1 8" PVC C-900 1,210 LF $22.00 $28,620.00 2 8"Gate Valve and Box 4 EA $865.00 $3,460.00 3 8" Duc~Be Iran Tee 1 EA $325.00 $325.00 4 Fire rant Assembl Com lets In ace 2 F~1 $2,500.00 $5,000.00 5 8" Ca with 2" Blowoff Valve and Test Riser i EA $3 $350.00 PART 1SUB-TOTAL: $35,755.00 J. SP ANISHWOOD MISCELLANEOUS ITEMS: 1 General Condkfons, Borxis and Insurance 1 LS $29,123.10 $29,123.10 2 SWPPP Items 1 LS $5.000.00 $5.000.00 3 AEP Sleeves 1 LS $1,500.00 $1,500.00 8UB TOTAL ESTIMATED 8PANISH WOOD DRIVE I PART J 3UB TOTAL: MPROVEMENTS COSTS $35,623.10 $481,887.40 TOTAL T IMBERGATE S SPANISHWOOD COSTS ; $1 37b 899.83 ,_,~:,:. -~ EXHIBIT C PAGE 2 OF 3 ' DEFERMENT COST ESTIMATE " :. f~ "....._ . PLATTING INFRASTRUCTURE IMPROVEMENTS THE VILLAGE AT TIMBERGATE UNIT ONE ITEM DESCRIPTION QUAN TY UNIT UNIT 'TOTAL _ PRICE COST OFF-8 17E SPANISHWOOD DRIVE UTILITY IMPROVE MENTS K. ITARY SEWER IMPROVEMENTS: 1 8" PVC 10'-12' Cut 413 LF $45.00 518,585.00 2 Embedment 413 LF $9.00 53,717.00 3 OSHA Trench Protection 413 lF $1.76 $722.75 4 N Poin 413 LF 522.00 $9,088.00 5 5' 1)lameter Manhole 70=12' Deep 1 FJ~ 58,500.00 58,500.00 PART KSUB-TOTAL: 540,810.75 L WA TER IMPROVEMENTS: 7 8" PVC C-900 407 L.F 522.00 58,964.00 2 Tie to Exlstl Watedine 1 LS 57,500.00 51,500.04 PART L SU&TOTAL: 510,454.00 M. OFFSITE MISCELLANEOUS IMPROVEMENTS: 1 l3en,erat Conditions, Bonds and Insurance 1 LS 53,878.53 33,879.53 2 SWPPP Item 7 LS $2,000.00 52,000.00 PART M SUB TOTAL: 55,879.63 SUB-TOTAL E8T81AATED SPANISH VYOOD OFF-SITE BN PROVENENTS COSTS Sbe,744.28 CONS TRUCTION GRA ND TOTA L ALL PARTS, ;1 872,644.21 ENGIN EERING AND ADMINISTRATION 1 >= Hearin ~ 8% of construction $108,811.54 2 To hic Sunre for deli 55,500.00 3 Construction Testln $15,000.00 4 Construction 3takin 3% of construction 541,179.33 6 Storm Water PoAution Prevention Plan 52,500A0 TOTAL ADMIN. COST: 5178,880.87 TOTAL COST: ;7,l148,83b.08 ADDITION AI.10% REQUI RED FOR DEFERMENT: 5164,$85.51 TOTAL R EQUIRED DEFERMENT: 51,701,288.b9 EXHIBIT C PAGE30F3 SUPPLIER NUMBER TO BE ASSIGNED BY~IT~ PURCHASING DIVISION ~:~~~ City of CITY OF CORPUS CHRISTI ~°~ ~; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms 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 "1~TA". See reverse side for Filing Requirements, Certifications and defmitlons. COMPANY NAME: Senior Quality Lifestyles Corp P. O. BOX: STREET ADDRESS: 8523 Thackery St CITY: Dallas ZIP: 75225- FIRM IS: 1. Corporation ® 2. Partnership ^ 3. Sole Owner ^ 4. Association 5. Other 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 Chnsti having an "ownership interest" constituting 3% or more of the ownership in the above named "firrrL" Name Job Title and City Department (if known) NIA N/A N/A N/A 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 Title NIA N/A N/A N/A 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 Board, Commission or Committee N/A N/A N/A N/A 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 Consultant N/A N/A N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee m the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I 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. Certifying Person: David Brown ~'`~`., Title: Vice President (Type or Print) ~` Signature of Certifying ~ `~!/ ~ Person: ?~ `~~~~ ~I t DEFINITIONS Date: 10/08/09 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "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. d. "Firm." Any 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. e. "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. f. "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 holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "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. ORIGINAL DoeN 2009 Deferment Agreement Between SQLC and City Page 1 of 7 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 Senior Quality Lifestyles Corporation, (hereinafter "Developer "), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of The Village at Timbergate Unit 1 (the "plat "), which was approved by the Planning Commission on September 30, 2009. 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 (75 %) of the required improvements, before the final plat is endorsed by the City Engineer. 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 B, 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 agrees to post financial security in the sum of One Million Seven Hundred One Thousand Two Hundred Ninety -Eight Dollars and 591100 ($1,701,298.59) issued by a financial institution acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, issued by a surety acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, as more fully discussed at Sections 2 and 3 below, and all as shown on the attached cost estimate, which is attached and incorporated as Exhibit C. 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; Y 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, in the Official Public and was duly RECORDED ec of Nueces County, Texas K Records . DIANA T BARRERA NIECES COUNTY, TEXAS Any royision herein which restricts the Sale, R entd or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origgin is invalid and unenforceable under FEDERAL LAW, 3112189. Doc# 200 i42?65 # Pages 16 10f21/2009 9t08AM Official Records of NUEGES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $75.00 J City of Corpus Christi Nvelopment Services! special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408