HomeMy WebLinkAboutC2012-361 - 9/25/2012 - Approved!���Zrzrvfi.
STATE OF TEXAS § 20 1204 9 - 1 053
COUNTY OF NUECES §
This deferment agreement ("Deferment Agreement") is entered into between the City of
Corpus Christi, a Texas home-rule municipality ("City"), and Calallen Retail Partners,
L.P. a Texas limited partnership ("Developer'), to defer the completion of certain public
improvements prior to recording the final plat of Nueces River Irrigation Park, Block 2,
Lots 21 — 28 ("Plat"). The owners of the affected real property subject to the Plat and
benefitted by this Deferment Agreement, to wit Lois Lowman, Connie Diane Brown
Polk Laing, Herman Bruce Lowman, NRIP, LLC, and Cloudcroft Land Ventures, Inc.,
seek to have the Developer, acting as agent on the owners' behalf, enter into this
Deferment Agreement with the City to defer construction of the required real property
public improvements.
WHEREAS, the Developer is obligated under Section 3.1.11, of the Unified
Development Code ("UDC") to construct seventy-five percent (75%) of the required
public improvements before the final Plat is endorsed by the City Engineer for
recordation;
WHEREAS, the Developer is seeking to delay, for a period of two (2) years, the
completion of construction of the required wastewater public improvements ("Deferred
Improvements") and have the Plat filed immediately with the County Clerk of Nueces
County, Texas, by entering into this Deferment Agreement with the City;
WHEREAS, on September 12, 2012, the Planning Commission recommended
execution by the City of this Deferment Agreement with the Developer, subject to the
City Council affirmatively finding that there exists probable cause to delay the
completion of public improvements in accordance with 8.1.10.13 of the UDC;
WHEREAS, the Developer will, prior to recording the Plat, deposit with the City an
irrevocable letter of credit in the amount of Two Hundred Twenty Eight Thousand Eight
Hundred and No 001100 Dollars ($228,800.00), which represents 110% of the estimated
cost of constructing the deferred public improvements; and
WHEREAS, the Developer has completed all other subdivision requirements, park
dedications, park deferment agreements, maintenance agreements, and special
covenants required by Section 8.1.10.B. of the UDC, and water and sewer service are
available to serve the affected real property that is the subject of the Plat.
NOW, THEREFORE, for the consideration set forth in this instrument and subject to full
compliance with the conditions stated in this Deferment Agreement by both parties, the
City and Developer agree as follows
2012-361
9/25112
M2012-172
Calallen Retail Partners LP
INDEXED
1. The City shall waive the requirement that construction of the Deferred
Improvements be at least 75% completed before the final Plat, as shown in
Exhibit "I," is endorsed by the City Engineer and filed for record with the County
Clerk of Nueces County, Texas, and further agrees to allow the Developer to
delay construction of the Deferred Improvements, as shown in Exhibit "2," for
two (2) years from the date of final execution of this Deferment Agreement.
Exhibit "I" and Exhibit "2" are attached to this Deferment Agreement and
incorporated into this document by reference.
2, The Developer agrees to deposit Two Hundred Twenty Eight Thousand Eight
Hundred and No 00/100 Dollars ($228,800.00) in the form of an irrevocable letter
of credit, naming the City as beneficiary. The irrevocable letter of credit must be
i-esued by a banL- 1A1i+h^ffir-,=c in tnrr%t ic- C'hr;c4 i Mnvac fr%r 1 1 r)01. of +hpk t-^c of f h,
Deferred Improvements as estimated by Developer's engineer and accepted by
the City's Assistant City Manager of Development Services, as such costs are
shown in Exhibit "3," which exhibit is attached to this Deferment Agreement and
incorporated into this document by reference. The irrevocable letter of credit
must be posted by the Developer prior to the recording of the Plat with the
County Clerk and, if the required letter of credit is not made by that time, this
Deferment Agreement shall be null and void.
3. The form of the irrevocable letter of credit must be approved by the City's
Director of Financial Services, be valid for a period of six (6) months or more, and
require, as sole documentation for payment, a statement in writing from the
Director of Development Services setting forth (i) the circumstances of default
giving rise to the draft or (ii) the failure to furnish proof of renewal not less than
thirty (30) days prior to the expiration of the then current letter of credit [see
paragraph 4 below regarding renewal], and accompanied by a properly drawn
draft not to exceed the face value of the letter of credit.
4. The Developer must ensure that the letter of credit is kept valid at all times. The
letter of credit must be renewed by the Developer before expiration and proof of
such renewal must be received by the City at least thirty (30) days prior to the
expiration of the then current letter of credit. If no renewal is received, or cash in
lieu thereof, the City may, after ten (110) days prior written notice to the
Developer, call (redeem) the letter of credit for failure to timely renew. If the letter
of credit is called for failure to timely renew, the funds will be held in an account
as if cash had been posted for this Deferment Agreement in lieu of the letter of
credit. The City shall not be liable for interest on any letter of credit so called.
5. 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 of the Deferred Improvements by the Developer.
6. The Developer shall construct the Deferred Improvements in accordance with the
City's engineering standards in effect at the time of construction and in
accordance with the construction drawings approved by the City departments
pursuant to paragraph 5 above,
Deferment AgreementAdoc Page 2 of 6
7. Upon (i) completion of the Deferred Improvements by Developer within two (2)
years from the execution date of this Deferment Agreement (or such later time as
may be mutually agreed upon in writing by both pates, subject to adequate
financial security and in no event extending beyond the maximum five-year
completion time specified in the UDC); (ii) acceptance of the Deferred
Improvements by the City Engineer; and (iii) compliance by the Developer with all
remaining terms of the Deferment Agreement, the City Engineer shall:
a. Immediately release Developer by mailing a release letter to.
Calallen Retail Partners, L.P.
Attn: Steve Durhman
inn P: And4:ircnn I nnen qt6tgz 90f)
Austin, Texas 78752
b. Return to the Developer within sixty (60) days of the completion of the
construction of the Deferred Improvements and settlement of all
construction costs, or within sixty (60) days of acceptance of the Deferred
Improvements by the City, whichever is later, any balance remaining of all
monies received by the City from the letter of credit or other financial
security posted pursuant to this Deferment Agreement.
8. The City and Developer agree that, if the Developer formally vacates the Plat,
with the 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 will be released
and immediately returned to the Developer.
9. If the Developer defaults in any of its covenants or obligations under this
Deferment Agreement [excluding failure to timely renew the letter of credit, for
which default conditions are addressed separately], the City Engineer will send
written notice to the Developer and Project Engineer, advising Developer of the
default and giving Developer thirty (30) days (or such longer period of time as
may be reasonably necessary under the circumstances) from date of receipt of
the notice letter to cure the default. If the Developer fails to cure the default after
receipt of notice and opportunity to cure, the City shall call (redeem) the letter of
credit and the City Engineer will transfer any monies received to the appropriate
fund of the City to complete the Deferred Improvements.
10. As accordance with the UDC, the City may require an increase in the financial
security required under this Deferment Agreement on an annual basis if the
Developer's engineer or the City reasonably determines that the financial security
does not provide for 110% coverage of the estimated construction costs.
Furthermore, the City may accelerate payment or performance or require
additional financial security when the City deems itself insecure as to the
prospect of payment or performance on a demonstrated, reasonable basis. In
the event the Developer fails to deposit any increased security required, after
Deferment Agreement.4-doo Page 3 of 6
notice to the Developer and opportunity to cure, the City may deem this
Deferment Agreement in default.
11. The City reserves the right not to issue Certificates of Occupancy for all or any
portion of the affected real property that is the subject of the Plat until the
Deferred Improvements are constructed, installed, completed, and accepted by
the City Engineer in accordance with the provisions of this Deferment
Agreement.
12. The Developer covenants to construct the Deferred Improvements required by
this Deferment Agreement, and this covenant shall be a covenant running with
the land, The City Engineer, at Developer's expense, shall file this Deferment
Agreement in the official deed records of Nueces County, Texas.
13. No party may assign this Deferment Agreement or any rights under this
Deferment Agreement without the prior written approval of the other party;
provided, however, Developer may assign this Deferment Agreement to (i) an
entity controlled by Calallen Retail Partners, L.P. or (ii) HEB Grocery Company,
L.P., without the prior written approval of the City so long as the assignee is held
to comply with all conditions of this Deferment Agreement by a separate legally
binding agreement and posts sufficient financial security, such financial security
being subject to advance approval of the City.
14. Unless otherwise stated herein, any notice required or permitted to be given
under this Deferment Agreement shall be in writing and sent by certified mail,
return receipt requested. Any party may, by notice to the other in accordance
with the provisions of this paragraph, specify a different address or addressee for
notice purposes. For purposes of notice, the Developer's address is stated in
paragraph 7, and the City's address is as follows:
City of Corpus Christi
Attn: Director, Development Services Department
2406 Leopard Street
Corpus Christi, Texas 78406
15. This Deferment Agreement shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created pursuant to
this Deferment Agreement are performable in Nueces County, Texas. Venue for
all actions arising from or related to this Deferment Agreement must be brought
in Nueces County, Texas.
16. The Developer shall, in compliance with the City of Corpus Christi Ordinance No.
17112, complete, as part of this Deferment Agreement, the "Disclosure of
Interests" form attached to this document as Exhibit "42' A completed version of
Exhibit "4" by the Developer forms a part of this Deferment Agreement, the
content of the completed form being incorporated by reference into this
Deferment Agreement as if set out here in its entirety.
Deferment Agreement.4.doc Page 4 of 6
17. The parties agree that the language and provisions represented in the preamble
(beginning) portions of this document are incorporated by reference into this
Deferment Agreement as substantive content upon which the parties may rely.
18. All signatories signing this Deferment Agreement warrant and guarantee that
they have the authority to act on behalf of the person(s) or entity(ies) represented
and make this Deferment Agreement binding and enforceable by their signature.
19. This Deferment Agreement is to be executed in triplicate, each of which
constitutes an original document. This Deferment Agreement becomes effective
and is binding upon and inures to the benefit of the City and Developer, on behalf
of the affected real property owners, from and after the date that all original
documents have been executed by the signatories.
EXECUTED in triplicate originals this — day of 1 2012.
Calallen Retail Partners, L.P., a Texas
limited partnership
By: Calall GP, LLC, its general partner
Durh
STATE OF TEXAS §
COUNTY OF TRAVIS §
n I I
This instrument was acknowledged before me on the day of _ sti�ti%6-y 2012,
by Steve Durhman, Manager, Calallen GP, LLC, who is the General Partnd of Calallen Retail
Partners, L.P., on behalf of said company.
NotarTlic, State of Texas
Deferment Agreement.4.doc Page 5 of 5
ra Pp "p ......
JULIE CALLIS
er
%
Notary Pub k State Of Texas
xas
My comm Expke
OCT. 25; gni 59
NotarTlic, State of Texas
Deferment Agreement.4.doc Page 5 of 5
Ulu_
Armando Chapa
City Secretary
5JTfflW*T;U-
Assistant CJ"anager
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledaed before me on the day of
by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas h
corporation, on behalf of tle for oration.
MONIQUE TAMEZ LERMA
Notary Public
I SWE OF 7EXAS
k
My Comm. Exp, 01-20-2 013
05 0�
Publ(6, State of Texas
APPROVED AS TO FORM: Laf. ' 2012
Elizab Hundley
Assist o City Attorney
for Carlos Valdez, City Attorney �']
s y Wn"L.
S
Deferment Agreement.4,doc Page 6 of 6
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VICINITY MAP
COTRPI)S CHRISTI, TEXAS
LESEftD
6 5/9 IRON ROD FOND
4 1 /2' IRON ROD SET
a MONUMENT FOUND
0 BENCHMARK
.. -. .._ WATER UNE
STATE OF TEXAS .. - WASTEWATER TINE
COUNTY OF NUECES
THAT SALAUIEM RETAIL PARTNERS, E.P. BEING WE OWNER OF ME PROPERTY
R{FERRto 1a AS COTS 21 -26 ON TIPS PUT, HOES HEREBY ADOPT BJl§ PUT OF
NU muCCES AM IRRIGATION PARK AS ME IDGAL SUBOlN51O18 QF T8E SRAM, ALL
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PVIWC FOR PURPOSES HERER STATED.
SIEVE WWWAK MARACING PAR
CAIATLEH RETAL PARTNEIM L.P... ..
STATE OF TEXAS
CWNTY Of NUECES
BEFORE ME, THE INJDR' €OLEO ADMDRITY ON MIS DAY CERSD9ALLY APPEARED STEVE
A,. Wr — PARTNERS, LP. N,NH TO ME TO RE THE PERSOI W450
RAft, IIS TO TTIE PJRECONC .. —.-T, ATJ NDN UYU To ME —
HE EXECUTED WE SANE FOR THE PURPOSES 41D CON "Al THEREBJ EXPRE'SEO
AND IN ME CAPACITY MERO. STATED,
GI YEAI UNDER MY HAND AND SEAL Of OE110E MIS — DAY OP
AM 20
NOTARY PURUC. "U",TY,
MY COMMISSON EXPIRES
STATE Of TEXAS
COUNTY OF BEXAR
xu. 9 ERNE. Ilk. RKS, A REGISTERED PROTSRQNA IAND SURVEYOR FUR THE STATE OF
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ERECTOR AND IS TRUE AND CORRECT TO ME BEST OF MY KNDW.EDGE INflRMAhON AHD
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PURPOSE, - TOT RE NEW WRPOSE4 OKAY
RAC U. LAHE 5I, R.-1 DATE
RCOSYE'R, PROFES, LAND SURVEYOR
TEXAS REGISTRA.- Pm.
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NOTES
S Wt TRACT CF "HO SHOAH HEREON WAS HOT .ABSTRACTED BY THE SURVET]R
z} BEAAwLS SHDNN HEREDIN ARE BASED ON HORM I.EHICAH DARN. 1953. TEXAS
CaariONAK SYSTEµ SLU'O5 20IC, OSHO A COM &N€0 SCALE FACTOR OF 1.00005W.
37 OP ER N APPEARS TO EE WITHIN TS —R NUMBER DATED "ARCH HIO
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ERIE ORD CRUM 1ITE TOED RAS NOT CLASSIFIED TN@ AWATIC UM USE FGA. ME
DSO BEG(. DUT IT IS RECOGRSED AS AN ENNR9NMEHTALLY SDNSIBAE IR
AREA E
OSD CREEK FLOWS pREC.V .1. ME OSO DAY. ME TCED HAS ELASSBTED THE
AOIAUC UPS USE PER VIE 050 BAY AS 'CXCEPIIDNAL' AND OTSTER WATERS'
AMO CATEGORIZED THE RECEINNG WATER AS 'CONTACT RECREATION' VSE,
6) GERNBON FACIUIY WIL BE PRIVATELY MAN TAMEB BY PROPERTY OTHERS RRSUANI
TO A SEPARATE ADREEME]NT,
67 IF MIT LOT IS bEVE3e €O W M REROENNML LISC% CCURMUCE WIN ME PUBLIC OPEN
SPACE RECUUtiBN.S mu SE REWIRED Bulk— 111£ --NO PERMIT PRASE
77 "CUT TO RC EXTENT SUCH NEWS ARE SHORN HEREON, RESTRICTIONS, EASEMENTS,
xO SEIBAXS SET FORM IN PR SUBBMSON P . COVERING PORRON'S OF MIS
"'ES RIVER RAICATON PART, A,= 2, LOTS 2x-28 ARE HEREBY URCASBT .ONO
9YALL BE OF NO FURMER FORCE OR EFFECT.
6) ME SvBUINLW IS x01 m— AN Alva BWNOARY OR ... CONTOUR
® ENABLES Y OIRHEUL m, P.E.. DEYELDPMENT SERNCES EHCIURR
6 rA
--- . --_.. _. .. — ®, — ® ®.... -...,. —_ ®--- . --L.— STATE OF TEXAS
COUNTY Of NUECES
S8'3638w 196." 58 366.15'
I TIS PINAL PLAT UP ME K A144 NA"SCkRCb F wA5
I APPRD D ON BEHALF OF Mt OTY OF CORPUS CNRUn. T KJIR
BY THE R-ANN1Nb (y.1MMIVON,
1 ........................._ 1NIS ME BAY OF M.
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® TAI '° N09A31 "05'E
(R.O,w. VARIES)
PRIVATE 15' DRAINAGE
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98.50'
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M-CK VAN VLECX, PE .
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STATE OF TEXAS
BASEMENT MENT�
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COUNTY OF NUECES
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REOUIbrEAIENT
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THIS .1443 PLAT OF ME HERE. bE5CRI.CC. PROPERTY A Wo,
LOT 21
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LOT 2a
`aT 24
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--- . --_.. _. .. — ®, — ® ®.... -...,. —_ ®--- . --L.— STATE OF TEXAS
COUNTY Of NUECES
S8'3638w 196." 58 366.15'
I TIS PINAL PLAT UP ME K A144 NA"SCkRCb F wA5
I APPRD D ON BEHALF OF Mt OTY OF CORPUS CNRUn. T KJIR
BY THE R-ANN1Nb (y.1MMIVON,
1 ........................._ 1NIS ME BAY OF M.
TBM a
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I FINAL PLAT OF '
NUECES RIVER IRRIGATION PARK. BLOCK Z LOTS 21-2 , Bur
A 30.896 ACRE TRACT LOCATED IN NUECES COUNTY, TEXAS, BEING THE
REMAINING PORTION OF LOT 4, BLOCK 2, SECTION 2, NUECES RIVER 922 11Pm RPAd, Sulu, tag
IRRIGATION PARK, A SUBDIVISION OF RECORD IN VOLUME A. PAGE 54 OF THE: SOB Aotolil, U 76215
NUECES COUNTY MAP RECORDS; SAID PROPERTY BEING THE SAME CONVEYED T.I. (20))525 - 9080 -PAL (230)5z5 -mza
TO CLOUDCROFT LAND VENTURES, INC. BY DEED OF RECORD IN DOCUMENT NO, TWE Hko ,AU.. Number T - 1019
20D7018239 OF THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS 8ur5+P.A.,m % D- Tcopvkhk &Bl& $
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STATE OF TEXAS
S (13:969 AC)
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Exhibit I
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I FINAL PLAT OF '
NUECES RIVER IRRIGATION PARK. BLOCK Z LOTS 21-2 , Bur
A 30.896 ACRE TRACT LOCATED IN NUECES COUNTY, TEXAS, BEING THE
REMAINING PORTION OF LOT 4, BLOCK 2, SECTION 2, NUECES RIVER 922 11Pm RPAd, Sulu, tag
IRRIGATION PARK, A SUBDIVISION OF RECORD IN VOLUME A. PAGE 54 OF THE: SOB Aotolil, U 76215
NUECES COUNTY MAP RECORDS; SAID PROPERTY BEING THE SAME CONVEYED T.I. (20))525 - 9080 -PAL (230)5z5 -mza
TO CLOUDCROFT LAND VENTURES, INC. BY DEED OF RECORD IN DOCUMENT NO, TWE Hko ,AU.. Number T - 1019
20D7018239 OF THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS 8ur5+P.A.,m % D- Tcopvkhk &Bl& $
co
LEGEND
5/6 IRON ROD FOUND
0 1/2 IRON ROD SET
■ MONUMENT POUND
0 RENMMARK
WATER me
WASTEWATER LINE
iv I
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— DT92' 10144W W07Y
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L UTIUTY
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7
LOT 26
(10.844 AC)
IV WASTEWATER
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I TS - NUEOES COUNT,
WATER CONTROL AND
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NO.3 WATER EASEMENT
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MC VE TICM. D— SHOWN HEITCON IS ME xAVD 88 L TTCAL CONTROL LOT 22
L
DAM, TEXAS STATE PLANE, SCUM ZOITE
W M969 AC) I. PRWATE I 'T 21
OT
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ELzV-s"o! 3:
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NOTES
1) ME —CT or LAUD $NU-- -.C- -1 -OT By ME SURVEWX _
C... moVm N.Eum ME �. ON ... AUMC� oklum, '983, TE,US
.—ATE UIISTE� $OUM Z-E� --- CO-90 S(-E FACrOR OF $.00U05 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 839 °14'45 E W DBS
. j
NA 7 BUT
01 ME PROPERTY .APPEARS TO LE AMIN ACOO Z-C 'C AS M ME T . SO
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5NS
R— GOLIUUTT'IT PANCT, lf-� —49402560, DATEa W� 1609M 809'14'45'W 11521.11' 89'14'45W 6.95' Exhibit I
11 — CREEx DR•WASC BASE "' 2, UN ll"IL 1, CLI FORO
ME REW � WATER Pm M — � M ( WATER Rump TRW PROPERTY IS NVWXS 11,VFR fRIVall
ME aso CREEK. I rao HAS "I aL m x
,SqO ME �W.Rc u,E O ME
O50 CA K BUT IT IS ACCOOHIZED IS AN ��UENTALY SENSII� ME ARK sV8WVl$l.N Cr Ux
VOL. 2201. f 646
059 CREEK FLOWS ETRE— INTO RIE .. B- ME 1CS0 HAS CLASSFID) ME VTTL A, m 04 .
'�= Um m FOR ME m oky As 'cxw—k MET -- -"w
-0 CATEOORIUD ME RECE-0 WATER AS 'C MCT REVIZARDN' USE EASEMENT
5) DETTHITUN FA�UIV O, K PATVARTT wmTAUCD BY PA0PMTIr OWNERS PURSUANT
TO A SEPARATE AW FINAL PLAT OF
6) 11 — um Is OEVM. IN 0 W EmMt uses, c-,u-CE .. ME NUECES RIVER IRRIGATION PARK Z a
BLOCK LOTS 21-28 -y+Partners
'ACE REBUuM)NS W� BE PECOUIED EUA.G ME S�IiO PORAT F.PHASE — Bui
-
A 36,896 ACRE TRACT LOCATED IN NUECES COUNTY, TEXAS. BUNG THE
7) EXCEPT TO ME "nNT SUCH O'EMS AIIE SNOm HER RES-C—S, ETs, REMAINING PORTION OF LOT 4, BLOCK 2, SECTION Z NUECES RIVER QZZ 6- And, $.R. IDD
AND SEMAUS SET FORM IN PATOR SOMMSOx MATS COVVUTIG FCRMON$ OT MIS TON
NUECES PTI%ISR UUITGhTICN PMT, BLOCK 2. LOTS 21-28 ARE KEREef RELEASED AND IRRIGA PARK A SUBDIVISION OF RECORD IN VOLUME A. PAGE 54 OF THE A.%�.% TI 78216
STALL BE of NO FURTUCR FORCE OR EMCI NUECES COUNTY MAP RECORDS; SAID PROPERTY BEING THE SAME CONVEYED T-L (21IFISM-9090 FIT, 1210y535-0529
6) ME SUBTISTON IS NOT — AN —Z BOUNBARI W Nose CONTOOk TO CLOUDCROFT LAND VENTURES, INC. BY DEED OF RECORD IN DOCUMENT NO, TR?l 11—b. F-1048
2007018239 OF THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS ll--P�- L- Ocma,ht 2112 SHEET 2 OF 2
MMMIIIIIIIII
FOR
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VICINITY MAP
ts.
G�sWS prftrSn, �zas
DaVER : CALALLEM RETAIL PARTNERS, L.P.
c/a STEVE OURHMAN
OUR MAN & BASSETT REALITY GROUP
100 E. ANDERSON LANE STE. 200
AUSTIN, TX 78752
(512) 833 -4444
GENERAL NOTES:
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CL>!T ENG NLE €R :
BURY + PARTNERS -SA, INC. g
922 ISOM ROAD, SUITE 100 t
SAN ANTONIO, TEXAS 78216rnawr.
(210)525- -9090
ATTN: MARK R. JOHNSON, P.E.
M&U -AD ;;5 . KM 18R9 A NORTHWEST
t l
BOULEVARD (FM 624)
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CORPUS CHRISTI, TEXAS
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2JU381ITAL DATE ' .JULY 29, 2012
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WATER DISTRIBUTION AND WASTEWATER
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Page 1 of 6
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Page 2 of 6
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Page 3 of 6 aim
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Page 5 of 6
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Exhibit 2
Page 6 of 6
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EXHIBIT 3
NUECES RIVER IRR[GATION PARK SUBDRfISION, LOTS 21-29
{]ninon of Probable Costs - Public Wastewater Main
Location: SE Corner of Northwest Blvd (FM 624) and FM 1889, Corpus Christ, Texas
Date: August 31, 2012
Prepared by Mark R, Johnson, P.E.
Public Wastewater Main
Wastewater Main 12" (offsite) 850
LF $ 90 $ 76,500
Wastewater Manhole (oftite) 3
EA $ 3,500 $ 10,500
Bore & Jack under FM 1889 80
LF $ 200 $ 16,000
Bore & Jack under side street 60
LF $ 200 $ 12,000
in[
d—t— 100
LF $ 200 20,000
Wastewater connection to lift station (offsite) I
LS $ 10,000 $ 10,000
Wastewater Main 12" (onsite) 2400
LF $ 75 $ 180,000
Wastewater Manhole (onsite) 8
EA $ 3,500 S 26,000
Total $ 353.000
Offsite Wastewater - Master Plan
$ 145,000
Onsite Wastewater - Deferment
Agreement Amount
$ 203,000
BONDING AMOUNT (110% OF ABOVE TOTAL)
$ 228,800
.. note: the portion of the public wastewater main that is part of
the City's Master Plan is not
Mquired to be part of the deferment agreement amount.
�6
... . ..... t4SO
CROBERTJOti.
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SY
Zc r,NSULTA,NTS SIGNATURE DftrE
Note: This is a is OpWon of Probable Cost, Construction costs cannot be guaranteed until design is
complete and qualified contactors have priced the work-
J:\101 1M500021Wastewater Main ExtensionlPrefiminary OPC for pubflz VAN Main 083112A[s Page 1
I, Steve Durhman, confirm that the following are the true Owners of a 36.896-acre tract of land
located In Nueces County, Texas,, being the remaining portion of Lot 4, Block 2, Section 2,
Nueces River Irrigation Park, a subdivision . of record in Volume A, Page 54 of the Nuaces
County Map Records (the "Property"):
Lois Lowman; Connie ' Diane Brown Polk Laing; Herman Bruce Lowman; NRIP, LLC, a
Texas limited liability company, and Cloudcroft Land Ventures, Inc,
1, Steve Durhman, certify that the Owners have appointed me to act as the Authorized Agent
With rAqnp.r-f to =11 mmttp 8 nnnr-,izrninet fka ninfl n d ww%inn ijin o nf +hom .anal n fko+ 1 M
."- r '_, g an of ...e.
authorized, with respect to the platting and zoning of the Property:
Be the point of contact between the owners and the City of Corpus Christi-, make legally
binding representations of fact and commitments of every kind on the Owners behalf-,
grant legally binding waivers of rights and releases of liabilities of every kind on behalf of
the Owners; consent to legally binding modifications; conditions, and exceptions on
behalf of the Owners; and, to execute documents on behalf of the Owners which are
legally binding on the Owners.
I understand that the City of Corpus Christi will deal only with a fully-authorized agent, At
any time It -should appear that 1, Steve Durhman, Authorized Agent, have [ass than full authority
to act, then the application may be suspended and the Owners will have to personally
participate in the disposition of the application. I understand that all communications related to
this application are part of an official proceeding of City government and, that the City will rely
upon statements made by the Authorized Agent. . Therefore, I agree to hold harmless and
indemnify the City of Corpus Christi, Its officers, agents, employees, and third parties
who act in reliance upon my words and actions from all damages, attorney fees, Interest
and co arising from this matter,
k 1 Z
Steve Durhman Date
Acknowledgement
THE STATE OF TEXAS
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of u 2012, by
Steve Durhman.
MOM"
DENA f INDLEY
Notary Public, State of Texas
3sia, E
x
MYCOMMISSIOnEpiras Notary Public, State of Texa
15 20
12J
August 15, 2012 My Commission expires:
Exhibit 4
city of Exbibift,
C oi f ,
Christi
DISCLOSURE OF INTERESTS
Cky of Corp" Christi, Texas
Department ofDtve1opmc11t Services
P-o Box 9277
Corpus Christi, "texas 78469 -9277
(361) 826-3240
Lociled al: 2406 Leopard Street
Warner of Leopard St. and Port Ave.)
City of Corpus Christ! 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". Z, 7-
Y v-y
NAME: G P, "_4 _ , t.- c d .` ", r7 t f.4.. j
STREET: CITY X? / zip:
FIRM is: Corporation Partnership Dole Owner 7 Association F-10ther
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)
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
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
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
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: (Print) /A Title:
Signature of Certifying Person: Date: Z/-
C'DOCUNIEKTS AND Sh 00C1"VE\TS1D1SCL0SVRE OF N\7ERESTS sTATZN1E T1 27 12 DOC
|
�
�
DEFINITIONS
a. 'Board Member". A member of any board, commiss or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. 'Employee'. Any person employed ' bythe C myCorpus Chdsd.Taxon.ehhernnoh�|urp��Umebu�m hu�
not ason independent cpn(o�o�� '� ' ` �
c. "Firm".
� ~.. mr commercial and whether
e"===."",, produce w, deal with a entities operated in the form
of sole p"p^^m,"smp, as se pennon. partmosn,p, corporation, joint stock company, trust asnon'pmhto��'`N �^ venture,
d. 'Official". The Counc City Manager Deputy City Manager, Assistant City
Ma Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas,
, °. '~ constructively held, in a firm, including
when such m»amam is held through an | held" refers to
holding or control established through agent ' trusts, proxies or ho s ~' ----'----' or partnership
agreements,
f. "Consultant'. Any person or firm. such as engineers and ordhitents, hired by the City of Corpus Christi for the |
purpose of professional consultation professional amdmecummnnndahon. �
�
!
cuxMA=vTS A�-D vrrN=v=rmmvuENoar I onmW �
/
Doc 2
�
Pages 19
10/11/2012 3:12PM
Official Records of
NUBCES COUNTY
DIANA T. 8ARRERA
COUNTY CLERK
Fees $87.00
Amy =,y*isimm herein which restricts the Sale,
Rental or use of the described
KEAt p because of Rocey CoIory
Belision, Sax, Handicap, Familial Stutusr or
NcJl'�onul Origin is lnvulid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXA
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number senuence on the date and at the
time skomped herein by me, and was dulm RECORDED
in the Official Public Records of
Nueces Comnt�i, Takes
Diane T. Borreru
��