HomeMy WebLinkAboutC2010-151 - 5/18/2010 - ApprovedIZo~T ~~iafai$~1~
Pages 13
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Of'f'icial Records ^P
i~IiEGES GOltl~l'Y
DEFERMENT AGREEt~~~• BARRERA
GLEf7lt
Fees 'fr53.4O
STATE ^F TEXAS §
COUNTY aF NIlECES §
This Deferment Agreement, {hereinafter "AGREEMENT'} is entered into between the
City of Carpus Christi, Texas, a Texas Hame Rule Municipality, {hereinafter "CITY"} and
N.M. Edificios, LLC, {hereinafter "DEVELOPER"}, and pertains to deferral of the
completion of certain improvements required prior to filing the final plat of L&l'
Subdivision Lat 1 {the "plat°}, which was approved by the Planning Commission an
November 11, 20Q9. A copy of the plat is attached and incorporated as Exhibit 1.
WHEREAS, the DEVELOPER is ol7ligated under Section lll, Paragraph H,
Subparagraph 5, of the Platting ^rdinance to construct seventy-five percent {75°I°} of
the required improvements, before the final plat is endorsed by the CITY'S Engineer.
Detailed construction drawings must be provided by the ^EVELGPER and approved by
the CITY'S ^epartments 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 ^rdinance;
WHEREAS, the DEVELOPER is seeking to have the plat 'Fled immediately with the
County Clerk of Nueces County, Texas, before comple#ivn of seventy-five percent
{75°I°} of the required improvements as required by Section 111, Paragraph H,
Subparagraph S, of the Platting ^rdinance;
WHEREAS, the DEVELOPER will deposit, with the CITY, a letter of credit, in the
amount of $714,f33~4.8Q, representing 11 D°Io of the estimated cast of constructing the
deferred improvements, all as shown an the attached cost estimate, which is attached
and incorporated as Exhibit 3;
WHEREAS, the CITY Attorney and ^irectvr 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 AGREEMENT as required by Section
V, Paragraph A, Subparagraph 3. b} of the Platting Ordinance;
NGW, THEREFORE, for the consideration set forth hereinafter, the CITY and
^EVELDPER 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
2014-151
M2010-110
05118/10
]V. M. Edificios, LLC
tNDF.~~
F'age 2 of 5
^eferment Agreement
N.M. Ed~fiG°s and City
Engineer and filed far record with the County Clerk of Nueces County and further
agrees to allow the ^EVELGPER to defer construction of the deferred
improvements as shown in Exhibit 2, far up tv one {1}year from the date of this
AGREEMENT.
2. The DEVELGPER agrees to deposit $714,634.86, in the form of an irrevocable
letter of credit, far 116°I° of the estimated cost of constructing the required
improvements, as shown in Exhihit "3", which is attached to and incorporated
into this AGREEMENT, with the CITY on ar before the plat is filed with the
County Clerk, and if the deposit is not made by that time, this AGREEMENT shall
became null and void. The form of the letter of credit must be approved by the
CITY'S ^irector of Financial Services.
3. The DEVELGPER shall construct the deferred improvements, in accordance with
the CITY'S engineering standards in effect at the time of cons#ructian-
4, Llpan completion of the deferred improvements by DEVELOPER within one {1 }
year from the date of this AGREEMENT, ar later time as may be mutually agreed
upon in writing by both parties, and upon acceptance of the deferred
improvements by the CITY'S Engineer and upon compliance by the
DEVELGPER with the remaining terms of this AGREEMENT, the City Engineer
shall:
a. Immediately release DEVELGPER from the obligations tv construct the
deferred improvements by mailing a Release Letter to:
N.M. Edifrcivs, LLC
3900 North McColl Rd.
McAllen, TX 78501
b. Return to the ^EVELGPER within sixty {66} days of the completion of the
cvnstruc#ian of the deferred improvements and settlement of the construction
casts, or within sixty {B6} 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 DEVELGPER fails 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 will call the fetter of
credit 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 ^EVELGPER shall reimburse the CITY far any additional cast
of the deferred improvements, if the sum of money and interest prove inadequate
Page 3 of 5
l3efem~ent Agreement
N.M. ~difictas and City
to complete deferred improvements within thirty {30} days after CITY tompietes
the required improvements and bills the DEVELOPER.
6. The CITY and ^EVEL~PER 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 fEVELOPER.
7. If DEVELOPER defaults in any of its covenants ^r obligations under this
AGREEMENT, the CITY'S 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 {3U} 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'S 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 ^EVELflPER, plus interest earned,
remaining after the CITY has completed construction of the deferred
improvements, the excess monies, both principal and interest, shall be refunded
tv the DEVELOPER, within sixty {6~} 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 ins#atled and accepted by the
CITY'S Engineer.
9. The DEVELOPER agrees that the CITY, after notice in writing tv the
DEVELOPER and Project Engineer, may accelerate payment or performance or
require addi#ionai security when the CITY`S Engineer determines that the
prospect of payment or performance is questionable.
1D. The ^EVELOPER covenants to construct the deferred improvements, and that
this covenant shall be a covenant running with the land.
11. The CITY'S Engineer, at ^EVELOPER'S expense, shall file of record this
AGREEMENT in the retards of Nueces County.
12. Na party may assign this AGREEMENT yr 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
sufficiently given if addressed tv the appropriate party at the address noted
above the signature of the party. Any party may, by nn#ice to the other in accord
page 4 of 3
Deferment agreement
N.M. Edi6cios and City
with the provisions of this paragraph, specify a different address or addressee for
notice purposes.
1~#. This AGREEMENT shall be construed under and in accord with the laws of the
State of Texas and ail 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 OEVEi_.GPER further agrees, in compliance with the CITY'S Ordinance No.
17193, to complete, as part of this AGREEMENT, the Disclosure of Ownership
interests form attached to this AGREEMENT as Exhibit 4.
16. This AGREEMENT sha11 be executed in triplicate, all original copies of which
shall be considered one instrument. This AGREEMENT becomes effective and
is binding upon, and inures to the benefit of the CITY and ^EVELCPER, and
their respective heirs, successors and assigns, from and after the date that all
original copies have been executed by all parties.
9 7. 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.
EXECUTE^ in triplicate this ~ day of ~"~ , 2010•
N.M. Edificios, LLC
3900 North McGvil Rd.
McAllen, T3C 9
ey:
Anthony La Mantia, ^evelaper
THE STATE aE TEXAS §
COUNTY GE NUECES §
This instrument was acknowledged before me vn ~-1~- , 2010, by
Anthony La Mantia, Developer, N.M. Edifcios, LLC.
No ry ublic, State of Texas
w~ a t~iaa
~'f ~irootii~iissiat~-i~aiRes
Jtly 23, 2015
N
Page 6 of 5
l]efermen! Agreement
N.Nt. Edt<fcias and City
CITY OF CORPUS CHRISTI ~"City"}
P. O. Bax 9277
Corpus Christi, Texas 78469
Telephone: {3B'I } $80-35Dt3
Facsimile: (36~} 880-3501
ATTEST: ~
By: gY= ~"'J
Armando Chaps A I scvbar
City Secretary ty Manager
THE STATE OF TE}(AS §
COUNTY OF NUECES §
This instrument was acknowledged before me vn the ~ay of , 2D10,
by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas mu icipal
corporatian, on behalf of the corporation.
f ~'RY Pie`
~ ~.~~...•W~`~, Gl,ENDA ~, 01~AS~
- ~ + \~o ?_ Notary Pu61fc
'' r~ ~ STATE pF TEXAS
QC [ I~-~ ~ ~-, •~• A~ly Comm. Ex . X5.07-20t2
.,,..OF•..•w p
vta ry Pu b1 ic, State Of Texas
-~~-
APPROVED AS TO FORM: This ~a? day ^f , 2010•
~~~
D orate Br n
ssistant #tomey
For the City Attorney
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Exhibit 3
Page 1 of 2
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Exha.bit 3
Page 2 of 2
LI.Wi}A A3chltecta1490T~2.{10 Hew $Wlding Site ImproverlfemslC4s[ Es[#nafs~lldwS d hn PtaposAi Ea&1fLlea.xE6x
'Mk5 O9C~NICNC IS RAFAaEGiOR IMDRW111DWi WRPDSlS W1DFA T~-vn1ORlir#JU,W
t. PMIEHIEL A.E.i95HT, SM1, iEPE FsilFkO. F~1l0OH 951P1911 is HOT Yp BF U9E.U FOR
COIR1TRiiCTlOeI l~04ia OR PERAei F11RpOGEa
CITY OF CORPUS CHRISTI
CISCLDSURE DF INTERESTS
City of Carpus Christi Ordinance 17712, as amended, requires all persons or firms seeking to da business with the
City to provide the following information. Every question must be answered. If the question is not applicable, answer
with "NA." See reverse side for definitions.
FIRM NAME: ~ '~'a t•.uC
STREET: 9 DD N McCa [ I _ Ra _ CITY: Mc R1~t.. ZIP: ~ Y5 0
FIRM iS: 1. Corporation ( ] 2. Partnership { ) 3. Sale owner [ ]
4. Association ~ } 5. Other ~ ]{ }
DISCLOSURE [1UESTIOAIS
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°/0 or
mare of the ownership in the above named "firm."
Name Job 'title and City i]epartment {if known}
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°Io or
more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest" constituting
3°/° or more of the ownership in the above named'~irm"
Name Board, Commission, or Committee
4. State the names of each employee or vfftcer 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"
Consultant
CERTIFICATE
1 certify that ali information provided is true and correct as of the date of this statement, that I have
not knowingly withheld dlsclasure of any information requested; and that supplemental statements will be
promptiy submitted tv the City of Carpus Christi, Texas as changes actor.
Certifying Person: An}~+on L..°~.M An}i a Title: ~, M a"O°ce r -
tTYPe aT Printy
Signature of Certifying Person: Cate: J ~ f ~- ~ ~ ~
ExH161T
pEFtfVITI~NS
a. "Board member." A member of any board, commission, or committee appointed by the Ciry Council of the City of
Corpus Christi, Texas.
b, "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.
c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether
established to produce ordeal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, carporat"son, joint stock company, joint venture,
receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.
d. "Cffcial." 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. "Cwnership interest" Legal or equitable interest, whether actually or cans#ructively held, in a firm, including when
such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or
contra! 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 far the
purpose of professional consultation and recommendation.
ExH ~B~r