The URL can be used to link to this page

Home My WebLink AboutC2009-450 - 11/17/2009 - ApprovedDeferment Agreement Between RRAH and City Page 1 of 5 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 RRAH Corpus Christi, L.P., (hereinafter "Developer"), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of J. C. Russell Farm Blocks, Block 9, Lot 13A (the "plat"), which was approved by the Planning Commission on November 11, 2009. A copy of the plat is attached and incorporated as Exhibit 1. 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. Detailed 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 and wastewater improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, 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 will deposit, with the City of Corpus Christi, the amount of One Hundred Forty Six Thousand Nine Hundred Eighty Dollars and 82/100 ($146,980.82), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; 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; 2009-450 M2009-330 11/17/09 RRAH Corpus Christi, LP 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 2, for up to one (1) year from the date of this Deferment Agreement. 2. The principal amount of One Hundred Forty Six Thousand Nine Hundred Eighty Dollars and 82/100 ($146,980.82) as shown in Exhibit 4, shall be placed by the City in an interest-bearing account and the total sum, both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both parties, by and through their designated representatives, for use by the Developer solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 3. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. 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: RRAH Corpus Christi, L.P. 2400-A Roosevelt Drive Arlington, TX 76016 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. 5. 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 9 below, the City will 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 improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 6. 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. 7. 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 and wastewater improvements and settlement of construction contracts. 8. 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. 9. 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. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. 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 sufFciently 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. 14. 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. 15. 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 4. 16. 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 ~~~ti day of /''U~ cJ~`~~ PEA , 2009. RRAH Corpus Christi, L.P. 2400-A 5i:oose~celt Drive By: Arlinat'on./TX~IG1D16 Affordable Housing, L.L.C., General Partner Randy Stevenson, President THE STATE OF TEXAS § COUNTY O /{~~~ § This instrument was acknowledged before me on I'~°J~r~tBc/c' l ~ , 2009, by Randy Stevenson, President, Rocky Ridge Affordable Housing, L.L.C. General Partner, RRAH Corpus Christi, L.P. ~~ ~, SHARON UIURENCE NOTARY PUBIJC Notary Public, State of Texas ~ sTATEOFTEXAS ~ MY COMM. IXP. 8129113 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 r By: ,~ ~ ,~y~irv I Escobar City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the ~~day of , 2009, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Tfx APPROVED AS TO FORM: This ~~ day of ~~~ , 2009. Notary P blic, St Of ~.YHOUa~roN e ~ MY COMMISSION EXPERES • : ~~ September 24, 2012 's • ~ Lisa Aguilar, Interim City Attorney eborah Walther Brown, Assistant City Attorney For the City Attorney SY CAtfRGIL.. ~ (~~(~J sEC~~raav ~~ ,,-T- ,~ i~ g =5-$ -3~~ ~a~fi t'6~g z ~~ ~ ~ E~ ~~~ ~~~ 5~~a ~~~~~ ~~g~a °sba ~ E~ ~ 5~~~~ ~_- n o k~~o~ 8I. y8s ~5 cT F U EEn 5 03 3 ~ ~ ~> ~~ b 5 0 g ~ ~~-R II gg la P~ °I a I~E (o ~ s .88 g sI ~I ~ ~~Ir~ ~; ~ s~ m ~ S ~ l0 5 s o~ ~® ~o~ ~ ~~ I ~~ I ~_~~ ~~ , ~ ~ pp §- ~ W= gg §~ ~ °~8fi ~ 1 ~ ¢ 6 `4 Eu 3r y8 E.R € ~~ ~~ €~ E ~~. m~ 1.~~bt ~~ :.. o 8 f~'~ M.otrnci~ 8 -r 0. a€ a~$g: ~~~ ~Y ~~~ ~ ~~ i ~ Y~ i r ~ =s I ~ .a t ~ &~ I ~r ~ ~~ i ~ 1 ~ j~ I 7 ~ y 1 ~ I I ~ ~ m r i r &: ; ~~i y/ I ~. ~~ .; a ~~ '~ - ''-'-~~ 'gray ,~ g c~ ~ i • r~;~<y e ti ~ /~ A~~° ~• °u ~_ ~ ~' CCC -`- !!1 ~ c2o n ~7 t~ H ~+va - ~ P ` OI ` mum C ~ ESL ^+Ja saga a nE&0 0 0 0~ V O N ~ ai °~°~3 m O a w€>z 1~ ~R ~ ~ E ~~~~ i ~~~~ ~~ ~~ - ~ .~ o ~ =sE @ ~, ~~u a z ~ ~£ i~ E ~..oo -; $g~¢8 Aa HG~ ~ $$~ q~ .~ ~' ~ € ~ s3 ~ a~ ~~s __ €~ a :~ ps~p~= ss= -=s € ~ _~ ss s~o o ~ £siy~~!!oR ~E_ i a.'~ F o -~ 'G f ~~ €gao~~ mmg ms~~ d ~ f w sS=,, 5965 ~~~~ ~' ~ ~ 6~ ~~$~ s ~ ~ s~5o c ~=~°e J ¢ n s s.: ~4 «5 E ~ B~ 5 g € ~ 8 5 s ~~ E `^ L gs e ~ S s~~ ~~ &Eg LL I ~ ~ b e ° E g o 2 . ~ 9g. E a` ~~~~ 5 y e W f S s= ~~ ~~~~~ ~~~~~ 8 rXg e c ~~~g~ ==fra 1 s= ~~3~~ se $ ~~ Eb 8~ Y ~~ € ~~~~£ ~gi«~ x88- Y 85=~« S ~' ~~~ ~ ' ~ 5 ~~ _ o Z5 ag 5~ $ 8 ~ ~ ` ~i~ a ~8 y ~ ~ s s ~ . ~ 8 i m € EXHIBIT 1 PUBLIC IMPROVEMENTS EXHIBIT EXHIBIT 2 ENGINEER OPINION-0F PROBABLE `COST PUBLIC WATER & SEWER SYSTEM Barron BIJENA VIDA SENIOR vILLAGE '1°gether. CORPUS CHRISTI, TEXAS rcbitectarrsF,te inecrin • Cutislrvtiu OCTOBER 23, 2009 ITEM ITEM QUANTITY UNIT ITEM. No. DESCRIPTION PRIDE PRIDE 1 6'' PVC Waterline 2,375 LF $20.00 $47;500.00 2 8"PVC Waterline. 1.,230 LF $22:.00 . .$27;060.00 3 Wet Connection to existin 8" water 1 LS $1;500.00. $1_,500.00 4 Testin & Sterilization 3,605 EA $1.25s $4,506.25 5 Fireh'drant Assemb( 7 EA $1,200.00 $8,400.00 6 1.5" Domestic Service 2 EA $750.00' . $1.,500.00 7 2.5" Domestic Service 12 EA $950.00 $i 1,400.00 8 6" Valve 7 EA $600.00 $4,200.00 9 8" VaIVe 5 EA $750.00' $3,750.00 10 8"x8" Ta in Sleeve and Valve 1 EA $2,200.00:' $2,200.00 11 Steel Carrier Pipe 70 LF $35.00 $2;450.00 12 Trench Safet 3,605 LF $1..10 $3;965.50 13 8" Sanitar Sewer 15 LF $26.00 $390.00 14 8'' Cleanout 1 EA $450.00 $450.00. fi5 Connect-to Existin :San Sew Manhole 1 EA $2,200.00 2 200;00 16 17 Subtotal $121,471.75 18 10%Contin enc 12147.18'. 19 Project Total $133,618.93 20 21 10% additional Buret for deferment a Teement $1.3,361.89 22 Total amount of LOC $146,980.82 23 Barron-Stark Consulting Engineers, LP 6221. Southwest Blvd, Ste 1.00, Fort Worth, TX 76132. 817.231.8141 fax.817.23:1.8144 EXHIBIT 3 ~k1 CITY OF CORPUS' CHRISTI DISCLOSURE OF INTERESTS GSq of Carpus C6xfsU, Texas Department of Deve7ap~nenf Yervitea P.O.Ba~x:92T, Corpus Christi, Texas "&464-9277 (36Y} 82632A0 Encored aY. 24U6I:eopardStrcet (Comex of Leopard St. antl Pat Ave.). City of'Gorpus Christi Ordinance 1:7112, as amended, requires all persons orfirms seeking to do business with the .City to provide the fcllawing information: .Every question. must be answered. If the. question is not applicable, answerwith "NA". FIRN(NAfl1E /t~ ~4 / i~ C~'O~/®~~~ G~ /i~i~°~S ~~i ~ / ~/ STREET: 02 7 ~D' ~ D~v~ ~1 ~'` CITY: ~~'~ ~ ~~ ~U'~ Zlt: _/ ~" O / FIRM is: 1. Corporation <. b. Other 3. Sole owner A. 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 Gity of Corpus Christi having. an "awnership interest" constituting 3°~ or mare of the ownership in the above named: "firm". Name .rob Title and City [3epartment (if Known) ~~~ ~ 2. State the names. of each "official" of the Gity of Corpus Christi having. an `tovunership interest" constituting 3°l° or more of ~e ownership in the above named "firm" Name Title ~oy~ 3. State the names of each "board member" of the City of Corpus Christi hawing an "awnership interest" constituting 3°~ or mare of the ownership in the above named..."firm". Name Board, Commission ar Committee ~~~ ~ d. State the names-qf each employee or officer of a "consultant" for the City of Corpus Christi who worked an-.any matter related to the subject of this contract and has an "awnership [merest" constituting 3°>° or more of the ownership in the above named "firm". Name Consultant /Uo ~~ l certify that all. informs ' n prc withheld disclosure. of an i rr the City' of Corpus Christ; '(r=era Certifying Person: CERTIFICATE $:1PLN.DII2V'EA3EDi91PLS~~RTT'J1dFGt??ki1D3°f~SC~F.E. t~Flh"i4.~STS 5?A7£P~'~kT.EUiC as of the date of this statement, thaf I have not knowingly it supplemental statements will be promptly submitted to !/~~'~ Title: ~~~`~ d/ ~ ~~ // / ~ ~ EXHIBIT 4 ORIGINA Between RRA Agreement ty L Between RRAH and City Page 1 of 5 DEFERMENT AGREEMENT Doc# 2009047812 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 RRAH Corpus Christi, L.P., (hereinafter "Developer "), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of J. C. Russell Farm Blocks, Block 9, Lot 13A (the "plat "), which was approved by the Planning Commission on November 11, 2009. A copy of the plat is attached and incorporated as Exhibit 1. 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. Detailed 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 and wastewater improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, 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 will deposit, with the City of Corpus Christi, the amount of One Hundred Forty Six Thousand Nine Hundred Eighty Dollars and 82/100 ($146,980.82), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; 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; City of corpus Christl Development Services/ Special Services 2408 Leopard, Suite 100 Corpus Christi, TX 78408 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 m e, and was duly RECORDED in the Official public Records of Nueces County, Texas r rp At 4 ��inav� 7 DIANA T BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R en or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional origin is invalid and unenforceable under FEDERAL LAW, VIVO. Doc# 200 � # Pages 10 11/30/2009 10;55AN Official Records of NUECES COUNTY — DIANA T. BARRERA COUNTY CLERK Fees $51.00 ORIGINAL