HomeMy WebLinkAboutC2010-017 - 1/19/2010 - ApprovedDEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Christi, Texas, a Texas
home rule municipality, 2406 Leopard, First Floor, Corpus Christi, Texas 78408
(hereinafter "City") and The Estate of Roy Milton Smith, Deceased, and Gladys Mattie
Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78469 (hereinafter "Smith
Parties"), and Patricia Peterson Nuss and Chris Ann Peterson Brown, P. O. Box 8229,
Corpus Christi, Texas 78468 (hereinafter "Peterson Parties"). The Smith Parties and
the Peterson Parties are hereinafter referred together as "Owner." This agreement
pertains to deferral of the required completion of the Williams Drive infrastructure
improvements prior to filing the final plat of the proposed Oso River Estates, Block 4,
Lot 1 (the "Property") which is part of the Preliminary Plat of Oso River Estates (the
"plat"), which was approved by the Planning Commission on September 30, 2009. A
copy of the plat is attached and incorporated as Exhibit 1.
WHEREAS, the Owner 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; and detailed
construction drawings must be provided by the Owner and approved by the City's
Departments of Development Services and Engineering prior to the start of
construction;
WHEREAS, the Owner is seeking to defer the construction of Williams Drive
improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, as
required by the City's Platting Ordinance, for a period of up to the earlier of either:
a. Eight (8) years from the date of this Agreement; or
b. Such date as the City completes construction of the extension of
Williams Drive from the southeast boundary of the Property to Paul
Jones Avenue;
WHEREAS, the Planning Commission on December 9, 2009 granted a variance to
Section IV, Paragraph A, Subparagraph 12 of the Platting Ordinance to allow the full
width of Williams Drive improvements to be deferred;
WHEREAS, the Planning Commission on December 9, 2009 also granted a variance to
Section IV, Paragraph A, Subparagraph 12. c) of the Platting Ordinance to allow a
renewable letter of credit as a deposit in lieu of a cash deposit (hereinafter the "financial
security");
2010-017
M2010-022
01/19/10
Smith Parties & Peterson Parties ~tVpEX,ED
WHEREAS, the Owner is seeking to have the plat filed with the County Clerk of Nueces
County, Texas, before completion of seventy-five percent (75%) of the required
improvements of Williams Drive as required by Section III, Paragraph H, Subparagraph
5, of the Platting Ordinance;
WHEREAS, the Owner agrees to post financial security with the City, in the sum of Four
Hundred Fifty-Nine Thousand Five Hundred Twenty-One Dollars and 32/100
($459,521.32), issued by a financial institution 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 3;
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
WHEREAS, the Owner will satisfy all other subdivision requirements, park dedications,
park dedication deferment agreements, and maintenance agreements and all special
covenants will be completed as required by the Platting Ordinance;
WHEREAS, the Owner is entering into this Agreement as required by Section IV,
Paragraph A, Subparagraph 12. c) of the Platting Ordinance;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Owner
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 Development
Services Engineer and. filed for record with the County Clerk of Nueces County
and further agrees to allow the Owner to defer construction of the deferred
improvements as shown in Exhibit 2, for a period of up to the earlier of either:
a. Eight (8) years from the date of this Agreement; or
b. Such date as the City completes construction of the extension of
Williams Drive from the southeast boundary of the Property to Paul
Jones Avenue (hereinafter the "deferred completion date").
2. Owner agrees to post financial security with the City, in the sum of Four Hundred
Fifty-Nine Thousand Five Hundred Twenty-One Dollars and 32/100
($459,521.32), issued by a financial institution acceptable to the City, for 110% of
the estimated cost of constructing the deferred improvements as shown in
Exhibit 3.. The form of the letter of credit must be approved by the City's
Attorney and Director of Financial Services before the final plat is endorsed by
the Development Services Engineer, and thereafter filed for record with the
County Clerk of Nueces County. The letter of credit may be submitted with the
final plat when requesting endorsement by the Development Services Engineer,
but if the letter of credit is not posted on or before the final plat is filed, this
Agreement shall become null and void.
3. The financial security must be executed by the Owner, as principal, and by a
financial institution acceptable to the City, as obligee, and conditioned upon the
Owner 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 all costs,
charges, and expenses related to the failure of the Owner to
construct the deferred improvements, regardless of whether the
City has incurred any costs. The financial security issued under
this provision must be valid for the 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 the Owner 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 financial institution issuing the
financial security must be, or have, the following:
(1) Licensed in Texas;
(2) Office in Corpus Christi, Texas; and
(3) Approved by the City's City Attorney and Director of
Financial Services.
4. Williams Drive shall be constructed in accordance with the City's engineering
standards in effect at the time of construction.
5. Upon completion of the deferred improvements by Owner, and upon acceptance
of the deferred improvements by the City Engineer; and, upon compliance by the
Owner with the remaining terms of this Agreement, the Development Services
Engineer shall:
a. Immediately release Owner from the obligations to construct the
deferred improvements by mailing a Release Letter to:
The Estate of Roy Milton Smith, Deceased
Gladys Mattie Smith
Patricia Peterson Nuss
Chris Ann Peterson Brown
c/o San Jacinto Title
802 N. Carancahua, Suite 1500
Corpus Christi, Texas 78470
b. Release and return to Owner the financial security.
6. If the deferred improvements have not been completed by the deferred
completion date, after notice to the Owner 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 to complete
the construction of the deferred improvements. Any monies received from the
Owner, both principal and interest, remaining after completion of construction
shall be refunded by the City to the Owner, within sixty (60) days of the
completion of construction of the deferred improvements and settlement of
construction contracts. If the City constructs all or any part of the deferred
improvements and such sum of money and interest prove inadequate to
complete the deferred improvements, the Owner shall reimburse the City for any
additional cost of the deferred improvements, within thirty (30) days after City
completes the improvements and bills the Owner.
7. The City and Owner agree that if:
a. The Owners withdraw the proposed plat of the Property and
terminate that certain Participation Agreement between the City
and the Owners pertaining to the extension of Ennis Joslin Road; or
b. If the City amends the master street plan to delete the requirement
of the Williams Drive extension and therefore delete the
requirement of the deferred improvements prior to the deadline for
completion of the construction of the deferred improvements,
then the letter of credit and any money received by the City from the Owner
remaining on deposit, plus interest earned, will be released and immediately
returned to the Owner together with a release of this Agreement, and this
Agreement will be terminated.
8. If Owner defaults in any of its covenants or obligations under this Agreement, the
City Engineer will send the Owner and the Project Engineer written notice by
certified mail, return receipt requested, advising Owner of the default and giving
Owner thirty (30) days from date of receipt of the letter to cure the default.
9. The City Engineer, at Owner's expense, shall file of record this Deferment
Agreement in the records of Nueces County.
10. The Owner covenants to construct the deferred improvements in accordance
with this Agreement, and this covenant and the right to defer construction under
this Agreement shall be a covenant and right running with the land binding on
and for the benefit of any successor in interest of Owner in and to the Property.
Otherwise, no party may assign this Deferment Agreement or any rights under
this Agreement without the prior written approval of the other party.
11. 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.. 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.
12. 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.
13. The Owner 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.
14. 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 Owner, 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 ~,~' day of ~a u~c , 2010.
THE STATE OF TEXAS §
COUNTY OF NUECES §
~~
Gla ys Mattie S it , as Independent
Co-Executor oft a Estate of Roy Milton
Smith, Deceased
This instrument was acknowledged before me on ~ 1 , 2010_, by
Gladys Mattie Smith, as Independent Co-Executor o he Estate o Roy Milton Smith,
Deceased.
otary Public, State of Texas
~:
o~PR PLe<~ PAMELA b10TE
`~~ k Notary Public
~~~, ~ sTaTE of TExAs
~lF~~"k~ ~YG®Mht:€xp:07-31-2010 ,.
Ronald G. McGee, Vice President, on
behalf of the Frost National Bank, as
Independent Co-Executor of the Estate
of Roy Milton Smith, Deceased
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on i 1 , 2010_, by
Ronald G. McGee, Vice President, on behalf of the ost Nation I Bank, as Independent
Co- cutor oft Estate of Roy Milton Smith, Deceased
4 ~
NStary Public, State of Texas ~~~~~~~
-~~., PAMELA MOTE
`" ~ Notary Public+
" My C _ Exp. 07-31-2010 ;'
^^~~~~~~~~~~~~~~~~~~~~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~'L^
Gladys Mattie mith
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on C3~,` ~, 2010, by
Gla Mattie ith.
otary Public, .State of exas ~~ ~~9<, PA~ELr"° ,',~
fvo?ary Pu ~~
STATE Ur T'X/~S
~~~
_ ~~ Ccr;,m- Exp. 07-31- ~'
~.~, :.
Patricia Peterson Nuss
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged
tricia Peterson Nuss
f
...
Notary Publ c, State of Texas
before me on ~~ ~ ~ 2010, b
_~ ~ Y
JUANA JEAN BARYON
My Commission Expires
June 3, 2013
'~aano''
~.1~
Chris Ann Peterson Brown
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on \ , 2010, by
Chris Ann Peterson Brown.
tary Public, ate of Texas
`~~ , AUTN~kIZi:~
~t cour~ci~._. ~}..,~.~:~..~~.
sEC~~rAUY~a
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
THE STATE OF TEXAS §
COUNTY OF NUECES §
r
By. ~:~.w
n el Escobar
City Manager
This instrument was acknowledged before me on the ~ day of 2010_,
by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas munic' al
corporation, on behalf of the corporation.
!/~-c~ ;,~,,,,,,
HOLLY HOUGHTON
~`~ = MY COMMISSION EXPIRES
'~` 3Ap1emb6t24,20i2
Notary Publi ,State Of xas • :~~; •
APPROVED AS TO FORM: This ~~~ y of u~ , 2010_.
Lisa Aguilar, Interim City Attorney
BY: ~ ~~~
e rah Walther Brown,
sistant City Attorney
For the City Attorney
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EXHIBIT 1
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EXHIBIT 2
BASS & WELSH ENGINEERING
TX REGISTRATION NO. F-52
P.O. BOX 6397
CORPUS CHRISTI, TX 78466.6397
PRELIMINARY COST ESTIMATE
LOT 1, BLOCK 4,
OSO RIVER ESTATES
WILLIAMS DRIVE IMPROVEMENTS
(FOR DEFERMENT AGREEMENT, 40' BB STREET)
1 uai20os
QUANTITY UNIT UNIT PRICE AMOUNT
1. 6" C & G 2174 LF 12.10 26,305.40
2. 2" HMAC 4348 SY 11.00 47,828.00
3. 8" CALICHE BASE TO 1' BC 5073 SY 12.75 64,680.75
4. 8" LIME STABILIZED SU BGRADE TO 1' BC 5073 SY 4.40 22,321.20
5. STREET EXCAVATION TO 1' BC 5073 SY 2.75 13,950.75
6. 4"THICKRlCWAIK 8696 SF 4.15 36.088.40
7. CLEARING & GRUBBING 1.5 AC 1,100.00 1,650.00
TOTAL STREET IMPROVEMENTS $212,824.50
DRAINAGE IMPROVEMENTS
QUANTITY UNIT UNIT PRICE AMOUNT
i. 24" RCP 1382 LF 50.00 69,100.00
2. INLET 4 EA 3,080.00 12,320.00
TOTAL DRAINAGE IMPROVEMENTS
$61,420.OD
SANITARY SEWER IMPROVEMENTS
QUANTITY UNIT UNIT PRICE AMOUNT
1. 8" PVC PIPE 40. LF 44.00 1,760.00
TOTAL SANITARY SEWER IMPROVEMENTS $1,760.00
WATER IMPROVEMENTS
QUANTITY UNIT UNIT PRICE AMOUNT
1. 8" PVC PIPE 1087 LF 26.00 28,262.00
Z. 8"TEE 4 EA 400.00 1,600.00
3. 8" TAPPIIJG SADDLE AND 8" TAPPING GATE VALVE 1 EA 2,725:00 2,725.00
4. 8" GATE VALVE W/BOX 1 EA 1,060.00 1,060.00
5. FIRE HYDRANT ASSEMBLY 4 EA 2,805.00 11,220.00
6. 6" GATE VALVE WlBOX 4 EA 875.00 3,500.00
7. 5' 90° ELBOW 4 EA 300.00 1,200.00
8. 6" X 30" PVC PIPE NIPPLE 12 EA 240.00 2,880.00
TOTAL WATER IMPROVEMENTS $52,447.00
SUBTOTAL CONSTRUCTION IMPROVEMENTS S348A51.50
10% COPITINGINCIES $34,845.15
TOTAL CONSTRUCTION $383,296.65
ENGINEERING & TESTING 450.00
TOTAL CONSTRUCTION, ENGINEERING & TESTING $417,746.65
10% FOR DEFERMENT AGREEMENT 1774.67
TOTAL $459,521.32
09022-PCE-D.doc Page 1 of 1
EXHIBIT 3
, _.
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~_ ~r~ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Cgrpus Christi, Texas
Department of Development Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located at: 2406 Leopard Street
(Comer of Leopard St. and Port Ave.)
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 "NA".
FIRM NAME Gladys M. Smith _ __
STREET: 4938 S. Staples, Ste. C2 CITY: Corpus Christi, TX ZIP: 78411
FIRM is: 1. Corporation 2. Partnership
5. Other
3. Sole Owner XXX 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 Job Title and City Department (if known)
NA
2. State the names of each "official" of the City of Corpus Clmristi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
NA
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
NA
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:
NA
CERTIFICATE
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: Gladys M Smith Title:
(Type or Print)
Signature of Certifying Person: - ~ ,~ Date
G-\FILES\SMITH. ROY`.ILEAL PROPERTY\OSO R1VER1DfSG.OSUR F.OFINTFRFSTSSTATEMENT -GLADYS- LENNOX TRAC"?.DOC
/ '~ ~
S~~
~~~ ~ ~x ~ to ~~-
"""'"
""~~""'~"~ - CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Deparhnent of Development Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located at: 2406 Leopard Street
(Corner of Leopard St. and Port Ave.)
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 "NA".
FIRM NAME Estate of Rov Milton Smith, Deceased
STREET: 802 N. Carancahua, Ste. 200 CITY: Corpus Christi, TX ZIP: 78470
FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association
5. Other X -Estate of Decedent
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page mr 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 Job Title and City Department (if known)
NA
2. State the names of each "official" of the City of Corpus Clhristi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
NA
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
NA
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.
NA
CERTIFICATE
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: Ronald McGee VP Frost National Bank, Co-Executor, Title: Vice President
Estate of Rov Milton Smith, Deceased
}~ s ~
Signature of Certifyina Person: ~_~/ ~ _ ~~ :~L~- Date: I ~ '~
G~`~.FILES\SMITH, ROY`.REAL PROPERTY`.OSO RIVER\DISCLOSURFOFITvTFRFSTSST4TRMFNT - LF.NTIOX TRACT DOC
CITY OF CORPUS CHRISTI
- ~ DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Department o1 Development Services
P.O. Box 9277
Cotpus Christi, Texas 78469-9277
(361) 826-3240
Located at: 2406 Leopazd Street
(Comer of Leopazd St. and Port Ave.)
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 "NA". /
FIRM NAME ~I1Y~ L1~ /~~V13i-+ ~,~clsj
STREET: / ~ ~y~ add `1 CITY: ~/,~ys C~1~is`~- 'IPk ZIP: ~ ~ • ;
FIRM is: 1. Corporation ~ 12. Partnership 3. Sole Owner 4. Association
5. Other ,c.. n ~ ~i tNc~
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 ~ Job Title and City Department (if known)
~1f~
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership 6n the above named "from".
Name ~j/~~a Title
~ "!15`
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 "firrtn".
Name ~/~ Board, Commission or Committee
/y
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 "awnership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultamit
~f~
CERTIFICATE
I certify that all information provided is true and correct as of the date o~i 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. ' J
Certifying Person: / ~Yl c i ~. ~~~~'.~^ /'~ ` Title: -L/%'~~ +~rG/%~~t
(TYpe or Prjr~)
{
,L ~
Signature of Certifying Person: L~ ~1 ~ -~~~-a-y' _~-~-2-2-% Date: ~~
C:~DOCUME-1\REAGANU_OC:1LS-1 \TEMP\DISCLOSL7tEOFINTERESTSSTATEME:VT.DOC
=--~-=-_.~ CITY OF CORPUS CHRISTI
-- _ DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Department of Development Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located at: 2406 Leopazd Street
(Corner of Leopazd St. and Port Ave.)
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 "NA".
FIRM NAME ~ ~/~ ~ Aht~ ~?~~~ ~~r~iJ~
STREET: ~~ I~?X t~'~r~ ~ CITY: ~ ~ ~lyrttf-a ~ ZIP: ~ ,d'
FIRM is: 1. Corporation ~,( j~ Partnership 3. Sole Owner 4. Association
5. Other ~G'ld~ ~~K
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page o~r attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3°1° or more of the ownership in the above named "firm".
Name ~~~ Job Title and City Department (if 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 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 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 Consultant
~~f{,
CERTIFICATE
I certify that all information provided is true and correct as of the date o 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. ,
r•
Certifying Person: G ,r ~~~~' ~~~"/~'~^ ~j-~-~-~~ --_ Title: ~~ 4'~d~~'~~
(Type or Print) , - C t
Si nature of Certi in Person: ~, ~'~.w - '~=~ai ' ~ Date: ~/y
9 fy 9 J
C:~DOCUME- I~RE?.GAI~P.LOCALS-t`,TE:vIP~DISCLOSLREOFINTERESTSSTATEMENT.DOC
0
ORIGINAL Doc# 2010002707
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, 2406 Leopard, First Floor, Corpus Christi, Texas 78408
(hereinafter "City ") and The Estate of Roy Milton Smith, Deceased, and Gladys Mattie
Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78469 (hereinafter "Smith
Parties "), and Patricia Peterson Nuss and Chris Ann Peterson Brown, P. O. Box 8229,
Corpus Christi, Texas 78468 (hereinafter "Peterson Parties "). The Smith Parties. and
the Peterson Parties are hereinafter referred together as "Owner." This agreement
pertains to deferral of the required completion of the Williams Drive infrastructure
improvements prior to filing the final plat of the proposed Oso River Estates, Block 4,
Lot 1 (the "Property ") which is part of the Preliminary Plat of Oso River Estates (the
"plat "), which was approved by the Planning Commission on September 30, 2009. A
copy of the plat is attached and incorporated as Exhibit 1.
WHEREAS, the Owner 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; and detailed
-- - -- construction - drawings- must -be- provided -by the- Owner - and - approved -by #he- Gity's
Departments of Development Services and Engineering prior to the start of
construction;
WHEREAS, the Owner is seeking to defer the construction of Williams Drive
improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as
required by the City's Platting Ordinance, for a period of up to the earlier of either:
a. Eight (8) years from the date of this Agreement; or
b. Such date as the City completes construction of the extension of
Williams Drive from the southeast boundary of the Property to Paul
Jones Avenue;
WHEREAS, the Planning Commission on December 9, 2009 granted a variance to
Section IV, Paragraph A, Subparagraph 12 of the Platting Ordinance to allow the full
width of Williams Drive improvements to be deferred;
t7
WHEREAS, the Planning Commission on December 9, 2009 also granted a variance to
Section IV, Paragraph A, Subparagraph 12. c) of the Platting Ordinance to allow a
renewable letter of credit as a deposit in lieu of a cash deposit (hereinafter the "financial
security ");
er
STATE OF TEXAS
COUNTY OF NUECES
1 hereby certify that this instrument was FILER
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
Nueees County, Texas
"r
�k i
a
DIANA T BARRERA
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
ions Ori
is inval - id - and - unenforceable under - FEDERAL LAW,
3112199.
Doc# 2010002707
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Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees 179.00
City of Corpus Christi
Development Services/
Special Services
M06 Leopard, Suite 100
Corpus Christi, TX 78408
ORIGINAL