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HomeMy WebLinkAboutC2010-151 - 5/18/2010 - ApprovedIZo~T ~~iafai$~1~ Pages 13 OS11912~]1O 9=23Ai•k 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 . 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'i` k ~ ~ ~ - .. .. :~23 H~ ~U ,- .:,fir-~- ~;` 4 I,, ~S , , k O. ~. - - ~ -- -- --- ~ ~ _ _~. ~ -- _ i ~ .- 1 `tom _ _ ~`~ ,~ --~..: _ _ _-__ 1 I _ __4f f - e~ i k t~• g~J ,~ ~,• ¢ _ ~, .--_ .-. _-. .. . - . - - - c I f. - - --- - - -- - -- _~ t '° I i $z'S ~ _~j~ ~Sy~ 4~i' ~~w .~ 3 ~ 1 h_ ~ ~ 6 ~ ~~~ i I ~~.~ n lti _ ~..~~-~ ~ - ~t~~~ ~i~lrl~.F~. SP17~Cq",~~.. .:__ •~~'_ ~. _ ~~ ,. ~ ~ ~~~ ~,, ~ .y a +• ~ ~l +,,~1 ~ ~ , ~,,,, ,,5 n~ a ;~, ` ,,~, ~ '`. ~ ~~ ~` i 1 ~ f `~ ~~~ ~ ~ n~°~I ` us ti ~~~ --r ~~ ,~; ~~ ~ ~~ ~ i ~~J - j i k ;~ ~ ~ ~ E _ ~._.-~~ € - T- ~ i ~ ~ ; ,i -I ~- - ~ II ~~ [~ ii ~L _ • ~~~. ~ OOQM7gIYq 5 =~ --~ . _ ~ __Jf~_4 .. ~ ~'- r•t e Exhibit 3 Page 1 of 2 V:tHDA Arc~ulatta109at42.~ Hew 8ubdirg Sae ~'~~ f~sGnfet~VlBwF 3 hn PrDDoae6 Eawru~s nasooca~xr iare4Le~sECfaa it~9Hf4ATtOr++LL PuRPaaPi 4~E~E n~tnvniosnsvar xuM ti ~~xrFi P E. apsa4a, wv, r9rE-ssr ~q. F-vesaM csai-+v rt ~s HCS sa ~useosae caisrrtucna+. a+ovwnon a~nwr wrens 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