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C2015-137 - 2/10/2015 - NA
DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This deferment agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Williams Airline Partners, Limited and A & W Retail, Limited,(the "Developers"), in order to defer the completion of certain required public improvements prior to recording the final plat of Wilkey Addition Unit 2 Lots, El , I1 , J1 , H3, H4, H5, H6, H7 and H8, Corpus Christi, Nueces County, Texas (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. WHEREAS, the Developers are obligated under Section 8.1 of the Unified Development Code ("UDC") to construct the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ("City Engineer"); WHEREAS, the Developers are seeking to delay the construction of the required public improvements ("Deferred Improvements") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat filed immediately with the County Clerk of Nueces County, Texas; WHEREAS, in order to have the Plat filed prior to completion of the Deferred Improvements, the Developers agree to deposit with the City a form of pre-approved financial security authorized by Section 3.30.1 of the UDC in the amount of Seventy Four Thousand Two Hundred Eighty-Nine and 60/100 Dollars ($74,289.60), representing 110% of the estimated cost of constructing the Deferred Improvements as shown in the cost estimate, which cost estimate is attached and incorporated by reference into this Agreement as Exhibit 3; WHEREAS, water and sewer service are available to serve the subdivision, and the Developers have completed all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, and all special covenants; WHEREAS, the Assistant City Manager and City Attorney have both approved this transaction; and WHEREAS, the Developers are entering into this Agreement pursuant to Section 8.1 .10 of the UDC in order to defer construction and record the final Plat. NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developers agree as follows: 2015-137 2/10/15 Williams Airline Partners &W Retail-Wilkey Addition Unit 2 Lts El, 11, J1, H3-H8 vFinal Page 1 of 9 cement Template Version 1.0 5.7.14 INDEXED • • 1. The preamble to this Agreement is included as substantive content in this instrument and upon which all parties to this Agreement have relied and will continue to rely during the term of this Agreement. 2. In consideration of the Developers' request to enter into this Agreement and the posting of approved financial security, the City agrees to 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 City further agrees to allow the Developers to delay construction of the Deferred Improvements up to the expiration of the time period stated in paragraph 26 of this Agreement. 3. As a condition of this Agreement, the Developers agree to deposit with the City of Seventy Four Thousand Two Hundred Eighty-Nine and 60/100 Dollars ($74,289.60), as a form of financial security authorized in Section 3.30.1 of the - UDC, upon execution of this Agreement or before the filing of the Plat. The financial security must provide for 110% of the estimated cost of constructing the required Deferred Improvements, as those costs are shown in Exhibit 3. The Developers acknowledge and specifically agree that, in the event the financial security required by this Agreement has not been deposited with the City before the filing of the Plat in the official public records of Nueces County, this Agreement is NULL AND VOID WITHOUT ANY NOTICE OR FURTHER ACTION REQUIRED BY EITHER PARTY. 4. If a letter of credit is utilized as financial security under this Agreement, the content of the irrevocable letter of credit must be pre-approved by the City's Director of Financial Services ("Finance Director") and City Attorney, be issued by a banking institution having a local branch office within the State of Texas (Corpus Christi location preferred), be valid for a period of twelve (12) months from the date of issuance or longer, such date being the same as the date of this Agreement, and containing the terms of Exhibit 4. 5. If the form of financial security is a letter of credit, the Developers must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developers before expiration under the terms outlined in Exhibit 4. If timely renewal is not received by the City under those terms, or cash in lieu thereof is not deposited as financial security with the City, the City may, after ten (10) days prior written notice to the Developers, 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 by the Developers for this Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called nor shall the City be liable to the Developers for the accrual or payment of interest on any type of financial security posted by the Developers pursuant to this Agreement. 6. In accordance with the provisions set out in Section 3.30.1 of the UDC, as it may be amended, the City may accept other types of financial guarantees for deferment agreements subject to the approval of the Finance Director and the City Attorney. In the event the Developers desire to use and the City agrees to Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 2 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 accept an alternate form of financial guarantee other than a cash deposit or an irrevocable letter of credit as security for this Agreement, such other security- specific financial guarantee's terms and conditions pertaining to issuance, redemption, restrictions, limitations, and use as made be made subject to this Agreement shall be as further set out in an addendum to this Agreement, which addendum is to be attached to this Agreement and the content incorporated by reference into this Agreement as "Addendum A." The parties agree that, should there be, by the attachment and incorporation of Addendum A to this Agreement, any conflict in the terms, conditions, or requirements stated in this Agreement (including its exhibits) and Addendum A, the provisions of Addendum A take precedence over conflicting terms in the Agreement and its exhibits. All other provisions in the Agreement (and its exhibits) not in conflict with Addendum A control otherwise by agreement of the parties. 7. Unless otherwise stated in this Agreement, any notice required or permitted to be given by either party shall be in writing and must be given by personal delivery, fax, or certified mail, return receipt requested, postage prepaid, and notice is deemed sufficiently given if addressed to the appropriate party at the address shown for the party in the signature block of this Agreement or faxed to the fax phone number shown in the signature block for the party. 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. 8. Time is of the essence in the performance of this Agreement. 9. Detailed construction drawings must be provided by the Developers and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements. 10. The Developers 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 the paragraph above. 11. Upon completion of the Deferred Improvements by the Developers as verified by the Assistant City Manager and Director of Development Services and within the time period stated in paragraph 26 of this Agreement, acceptance of the Deferred Improvements by the City Engineer, and compliance by the Developers with the remaining terms of the Agreement, the City Engineer shall: a. Immediately release the Developers from the need to maintain the letter of credit by mailing a release letter to Developers at the address shown above Developers' signature lines in this Agreement; or b. Return to the Developers within sixty (60) days of the completion of the construction of the Deferred Improvements and settlement of the actual 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 Developers. Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 3 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 12. If the Developers have not begun construction of the Deferred Improvements at least thirty (30) days prior to the date stated in paragraph 26 of this Agreement, the Developers agree that the City, after notice in writing to the Developers, may accelerate payment or performance or require additional financial security when the City deems itself at risk as to the prospect of performance or payment based on a demonstrated reasonable basis. In addition, if the Developers default and fail to deposit any increased security after notice and an opportunity to cure, the City may transfer the cash funds received or call (redeem) the letter of credit and transfer the funds (if the financial security provided was in the form of a letter of credit) to the appropriate City account, and the City may begin completion of the construction of the Deferred Improvements. If City constructs all or any part of the required Deferred Improvements, the Developers shall reimburse the City for any additional costs related to completion of the Deferred Improvements within thirty (30) days after the City completes the required Deferred Improvements and invoices the Developers if the funds on account prove inadequate for the City to complete the Deferred Improvements. 13. In accordance with Section 8.1.10.6 of the UDC, an increase in financial security from the Developers may be required on an annual basis if the City deems itself, in the sole discretion of the City, insecure as to the prospect of payment or performance on a demonstrated reasonable basis or it reasonably determines that the financial security does not provide for 110% coverage of the estimated construction costs. 14. The City and Developers agree that, if the Developers formally vacate the current Plat with approval of the Planning Commission prior to the deadline for completion of construction of the Deferred Improvements, any money received by the City from the Developers remaining on deposit will be released and immediately returned to the Developers. 15. If Developers default in any of their covenants or obligations under this Agreement [excluding failure to timely renew a letter of credit, post additional security, or as may be made applicable by Addendum A, for which the default provisions are separately addressed in this document], the City Engineer shall send written notice to the Developers [(and may send notice to the Developers' project engineer ("Project Engineer"), if such address is known by the City] by certified mail, return receipt requested, advising the Developers of the default and giving the Developers thirty (30) days from date of receipt of the notice letter to cure the default. If the Developers fail to cure the default after receipt of notice and opportunity to cure, the City Engineer may transfer any funds received to the appropriate fund of the City in order to complete the Deferred Improvements. In the event there are any funds received by the City from the Developers remaining after the City has completed construction of the Deferred Improvements, the excess funds will be refunded to the Developers within sixty (60) days of the completion of construction of the Deferred Improvements and settlement of the actual construction costs. Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 4 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 16. The City reserves the right not to issue certificates of occupancy for all or any portion of the real property that is the subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 17. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 18. By execution of this Agreement, the Developers covenant to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land. The City, at the Developers' expense, shall file for record this Agreement in the official public records of Nueces County. 19. With the exception of Addendum A made applicable pursuant to paragraph 6, no changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 20. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 21. The Developers shall, in compliance with Section 2-349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 5, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. 22. The Developers shall comply with all federal, State, and local laws, regulations, and rules applicable to performance of this Agreement. 23. This 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 Agreement are performable in Nueces County, Texas. Venue for all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. 24. Strict performance of the provisions of this Agreement by the Developers is required by the City as a condition of this Agreement. The Developers specifically acknowledge and agree that failure by the Developers to adhere or comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 5 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 25. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 26. This Agreement is to be executed in quadruplicate, each of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developers and their successors and assigns from and after the date the Agreement has been executed by all signatories. This Agreement terminates February 6, 2016. (EXECUTION PAGES FOLLOW) Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 6 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 UTED IN ONE ORIGINAL and made effective this . OA day of , 201ST. CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax G/ r . Signature Printed Name: L //i ' h? //'v7 SL O Title: Assistant City Manager, or Designee APPROVED AS A STANDARD FORM LEGAL DOCUMENT: i9}'t4L?4 , 20 S T CITY ATTORNEY aki, 912,4-4 Sig ure Printed Name: J I Its 1/ 9 tit Title: Assistant City Attorney Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 7 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 DEVELOPER: Williams Airline Partners, Ltd. By, Williams Padre, LLC, its General Partner 4418 Ocean Drive Corpus Christi, Texas 78412 (361) 851-0811 (361) 851-8122 Fax Signatu Printed Name: Willard H. Hammonds II Title: President Date: 2 (10 xq /LT-- s STATE OF § COUNTY OF kVe.e.'tS § This instrument was acknowledged before me on FFA "ulgS- 20 ICby Lithaczo K. k.k 0\woko5 3 rrs‘d-c,11- (title) of Williams Padre, LLC, a Texas Limited Liability Corporation, on behalf of said corpor. Alf, 1, b � r fubli,X! ature 4 ' 0-1k- JUAN C LUGO 1 I IPA My Commission Expires October i 5,2017 4 .''Ra Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 8 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 • DEVELOPER: A & W Retail, Ltd. By, Ocean Retail, LLC, its General Partner 4418 Ocean Drive Corpus Christi, Texas 78412 (361) 851-0811 (361) 851-8122 Fax Signature Printed Name: Willard H. Hammonds II Title: President Date: ... 1 U ( kr ,.. STATE OFma S //ueet _S § COUNTY OF § This instrument was acknowledged before me on FF3 to , 201 S , by (,,,).1\AQti 1-\, ‘ck1sryelk o' s t\ , Irt. .v-C% s (title) of Ocean Retail LLC, Texas Limited Liability Corporation, on behalf of said corporate•- A ,� /t JUAN c l.u�o ; 'rublic ture 1 W 1 My Commission Expires 1 s October 15,2017 ` Attached and incorporated by reference into this Agreement: Exhibit 1 – Plat (2 pages) Exhibit 2 – Required Public Improvements (2 pages) Exhibit 3 – Cost Estimate (1 page) Exhibit 4—Copy of Financial Security Exhibit 5 – Disclosure of Interests (4 pages) Addendum A– If applicable pursuant to paragraph 6 Dfmt Agmt Williams Airline and A&W Retail-Wilkey Addition Unit 2 Lts El, 11,J1, H3-H8 vFinal Page 9 of 9 Standard Form Deferment Agreement Template Version 1.0 5.7.14 State of Texas _ Morale Road 1 , Cof TexasCounty of Nieces \\ _ Caoun nty of Num. We,Ocean line,Ltd.,hereby certifies that It Is the owner of the land.embraced within the A&W Retail,Ltd.,hereby certifies that it is the owner of the lands embraced within the South Padre Mond Drive boundaries of Lot JI os Moan on the foregoing plat; that It has hod mid lands surveyed boundaries o/Lot El os Mown an the foregoing plot; that it has had said lands surveyed and subdivided as shown; that streets Mown are dedicated to the public use forever; that and subdivided as Mown; that streets Mown ors dedicated to the public use forever; MatSlate Higm. hway 358 easements as Mown a dedicated to the public um for the installation,operation and u eels as Mown are dedicated to the public use for the inetallation,operation and me of public utilities; and that this mop woe made far the purpose of descripe ption and of public utilities;and that this map was made for the purpose of description and Td dedication. dedication. Williams Drive C This the__say of _,20_— This the day of 20 Z. N Site By Ocean Line Development,LLC,its Generd Partner By. Ocean Retail,LLC,Its General Partner \\ 5 3 \ o 8y — — — By Willard H.Hammonds,Il,President Holly Road Mord H.Hammonds.II,President Slate of Texas State of Toa. County of Nueces County o1 Nueces This instrument wae acknowledged before me by Willard H.Hammonds.t as President o1 This Instrument was acknowledged edbefore me Retail,Willard H.Hammonds.11 as President of LOCATION MAP N.T.S. Ocean Line Development.LLC.General Partner of Ocean Line Ltd. ° State of Texas This the__—day of 20_ This the—day of 20_.. County of Nuecee This final plat of the herein described property was approved by the Department of Development — Services of the City of Carpue Christi,Texas. Notary Public in and fm the Siete of Texns Notary Public in and for the State of Texas This the____day of —20 State of Team State of Teams Countyof Nuecee County of Nueces Barney Williams,P.E. We.4825.Ltd.,hereby certifies that it Is the owner of the lands embraced within the Williams Aid'ne Partnere,Ltd..hereby certifies that it Is the owner of the land.embraced Development Services Engineer s boundaries of Lot it Mown on the foregoing plot; that it has had said lands suwithin the boundaries of Lot H as Mown the foregone plat; that It has had said lands and subdivided m Mown; that streets Mown are dedicated to the public use forever:that surveyed and subdivided as shown; that streets Mown dedicated to the public use easements as shown ore dedicated to the public use for the installation,operation and um forever, that easement,os Mr own are dedicated to the public use for the installation, State of Texas of public utilities; and that this map was made for the purpom of description and operation and use of public utilities;and that this mop was made for the purpom of County of Nueces dedication. description and dedication. This final plot of the herein described property was approved on behalf of the City of Corpus Christi, This the day of _.20__. This the day of_ 20_. Texas by the Planning Commieion. By Aldine Padre.LLC,its General Fortner By twlliams Padre.LLC,General Partner This the__day of 20__ B _ y Willard H.Hammonds,11.President Barney WIIIiame,P.E. Philip J.Ramirez,A.I.A.,LEED AP,Chairman By.Willard H Hammonds,II.President Secretory State of Teas County of Pumas State of Texas State of TexasThis Instrument me e acknowledged before me by Willard H.Hammonds,ll,as President o1 County of Niece County of Nimes Williame Padre.LLC.General Partner of Williams Airline Partner!.Ltd. This instrument woe ocknowledged before me by Willard H.Hammonds as President of Airline I,Diana T.Barras,Clerk of the County Court in and for said County,do hereby certify that the foregoing instrument dated the day of 20..._,with Its certificate of Padre.LLC,General Partner of 4825 Ltd. This the day of 20__ outhenticatian was filed for record in my office the_day of 20_,At O'clock_M.,and duly recorded the_day of 20__.at_O'clock_M., This the day of 20___. in said County in Volume Page_ Map Record.. Notary Public in and for the State of Texas Witness my hand and mal of the County Court,In and for said County,at office in Corpus Christi, Notary Public in and for the Stole of Tams Texas,the day and year last written. State of Texoa State of Tea. No. -- County of Nuecee County of Nuance Plied for Record Diana T.Barrero,County Clerk Nuecee County,Teme Vdue Bank of Tams,hereby certifies that It hide a ten on the property owned by Ocean IBC.International Bank of Commerce,hereby certifies that it holds a lien on the property at__ O'clock__M. Line,Ltd..and 4825,Ltd.as Mown on the foregoing map and it approves of the subdiviekm owned by A&W Retail.Ltd.and Williams Airline Partners.Ltd.,as Mown on the foregoing 20 _ By. and dedication for the purposes and considerations therein expressed. map and it approve,of the subdivision and dedication far the purposes and considerations Deputy therein expressed. This the__day of 20__. This the__day of 20__ J ML p Ca©W['� State ofTexas TexasBy Value Bank of Texas By IBC,Intemof Bank of Commerce County 1 Nuecee I,Keith W.Wooley,o Registered Professional Land Surveyor for Urban Engineering,have prepared the By------- g _ _ JUt 2 foregoing mop from o survey made on the ground under my direction and is true and correct to the Jeffrey J.Wmeond,Vice—President y Custom A.Boners,Vice—President bet of my knowledge,information and belief; I have been engaged under contract to out at Lot and Black corners as shown herein and to complete such operations with due and reasonable diligence Slate of Texas State of Texas County of Nueces County of Nume PLANNING COMMISSION aon.ietent with sound profm•lonal practice. ThVais instru f tiex was aknoW behalfed before Bone by Jeffrey J.Werdlond,as Vice—Prmiden of C,instrument was a acknowledged Commerce, Before bme by Gustav A.Barrer°,as Vke—President tt a plat of This the day of 20 onof said ° a ,a Wilkey Addition Unit 2 This the—_day of__ —20__. Thin the day of_ 20__ Keith TexasW. Wooley, R.P.L.S. Lots El, 11, J/. 113, Nn,aiPublic in and far the State of Texas H4,H5,H6, H7 and H8 Notary P„en<in one w.ma stole oris ybeing a re—plot of Lot& Wilkey Addition Unit 2 a map of which is recorded in Volume 67, Pages 439-440, Mop Records of Nieces County, Texas, Lot H1 Wilkey Addition Unit 2, a mop of �I J1`• which is recorded in Volume 67, Pages 722-723, Mop Records of URBAN\ DATE: April 25, 2014 h' JUN 0 2014 1,�i1 Nieces County, Texas and Lots I and J, Wilkey Addition Unit 2 aSCALE: t'-700' map of which is recorded in Volume 67 Pages 333-334,Mop ENGINEERING ySSOB No.: 41852.84.02 SHEET: 1 of 2 Records of Nueces County, Texas. ` n'a_rw eu., / DRAWN BY: XG Exhibit 1 Page 1 of 2 Notes: UNE BEARING DISTANCE 1.)Total plotted ores contains 15.98 acres of land. (includes street dedication) Lt 529'00'001° 40.01' L2 S58'25'03"E 20.52' L3 557'01'48°E 15.54' 2.)Set 5/8 inch iron rods with red plastic cop stomped"URBAN ENGR C.C. TX" 4 ro Island Drive L4 N29'00'00"E 40.10' at all Lot corners, except where noted. South Ped (5101.ren sland) L5 H6a53'0o"W 67.25' 8'.� L6 S60'53'00"E 20.57 3.)The receiving water for storm water runoff is the Oso Boy Basin. The TCEO L7 560'53'00'E 48.02' hos classified the aquatic life use for the Oso Boy as"exceptional"and .:7'.4 L8 N80'53'00111 L9 NeasThoNt 60.20' 10.40' "oyster waters' and also categorized the receiving water as"contact 2! o R.O.W.De•rnlion L10 529'00'00 23.45' recreation"use. S58"25'03"E 208.91' 560'7.2 lz4.41' T L11 N29.58'06"E 12.07' 1 1: 0z w 555T01'48'E 248,05' s=may �E 184,41' 47� 4.)Bearings based on the recorded plot of Lots C, D, E, Wilkey Addition - Unit s 7 x 1 214.2 I 2 Ti.t9L'1568U• 2, a map of which is recorded in Volume 39,Page 41, Map Records of •.-ass°•.y , Nueces County, Texas. i L2 L3 L -1- - e 5.)By graphic plotting only, this property Is In Zone"C" of the Flood Insurance Rote Map, Community Panel Number 485464 0303 C, City of Corpus Christi, v • Texae, which boors on effective dote of July 18, 1985 and Is not in a Special I 4 flood Hazard Area. n 0\ h 6.)If any lot Is developed with residential uses, compliance with the Public Open ", . Space regulations will be required during the building permit phase. Lot J1 - 5 s+ 2.01 Acres 5 Lot 11 to Lot El g 7.)Access rights to parking areas and driveways are hereby granted to all g 87.5C79f R 2.56 Acres _ 2.03 Acres stljoining commercial properties. ` 111.5818f 0, 88,3900 el 0 8 J" 8 `r 8.)The yard requirement, as depicted, is a requirement of the Unified Nq, 5 _ Development Code and is subject to change as the zoning may change. In Lot H7 , r-0.16 2aarn I e `n nf re' 11/2 L� CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH, U�[W U V L3 . _. ' . S60'53'00'E 399.52' #'ts• Cl 48'57'57" 100.00' 45.54' 85.48' Lot H8 Acres airQ C2 48'51'34" 100.00' 45.42' 0.5.28' NQ�53'�. •�„� t0,777ef ' U �- C3 48'51'34" 125.0' 58.78' 108.59' dr- 189.58... _ . N8053'0011' 405.79' C4 4544'34" 75.00' 33.98' 63.80 JUL 2 ION N2$24'34'E N'y• 2ffi21' u ! •L ICs 285Bh1" 152.00' 38.45' 71.55' - Q 1 IC6 2852'45" 28.08' 6.98' 13.60' 3911" a.-Eoq,L e 05 �, PLANNING COMMISSION Mel 1'1!T :� Nelroorooly 217.78• .! '6 a 23 ' 103.42 r -. n 12 C. Plat of C1 - - Wilkey Addition Unit 2 g Lots El, Il,JI, H3, g ` -881. H4, H_,H6, H7 and H8 N j P Lot Hi N being a re-plot of Lot E, Wilkey Addition Unit 2, a mop of which • Eat 143 $R 2.05 acres is recorded in Volume 67, Pages 439-440, Mop Records of 215*.,« 89.1038E !0 938020 ^ Nueces County, Texas, Lot N1 Wilkey Addition Unit 2, a map of 8 which is recorded in Volume 67, Pages 722-723, Map Records of :g_ S81'Ot'00'E Nueces County, Texas and Lots/and J, W/key Addition Unit 2, a b, 112.00' • map of which is recorded in Volume 67 Pages 333-334 Map g b Records of Nueces County, Texas. R • 561'00'00"E 228.72' yi a" E n 8 230.49' 0 196.63' g M "` Lunt \\-c Y .2 __. 591'00'00T 29.11 _ • ra.5/8'Le.019.91 N W aetk 4Lamp4 1 70t Hee Lot H5 ` 8 o se s/e'I.R.0u..e g 5C.486s! 8 - , 2.79 Acme g P°r 1O t4c ° °'a C) S 121.70esf IN' .pan Lgr C.C.t: p tn O 2= 150 100 50 0 100 200 r 14.15' 5 . ■ • ■ ■ • sly • N61'01'00"W 228.72' ../ N61'Ot'OOSV 467.63' • Graphic Scale A-11'25'16" A-11'25'16" R-252.49' R-252.49' T-25.25' T-25.25' Williams Drive L-50.33' L-50.33' • r u • a • 3 / u R B A N` DATE:Apr11-10025, 2014 LE 5(`el f: 1" ' ENGINEERING JOB NO.: 41852.84.02 1e Yom'= SHEET: 2 of 2 wor.. �Iwm -aoe.-,m. / DRAWN BY: XG Exhibit 1 Page 2 of 2 PUBLIC WATER IMPROVEMENTS FOR HOME2 SUITES WILKEY ADDITION UNIT 2 LOTS El, 11, J1, H3, H4 H5, H7 AND HB CORPUS CHRISTI, TEXAS SHEET MOM SHEET I MU VACS UR \IL SHEET 2 WATIR P RE MOOD MORD MD snnvur OOOUD O.011 IMS EDI SIQRS Of IC a pa01 M RE9010.Z 9/RASd M Rpc 4 e Dio"° - CITY STANDARDS CITY Or C.C.STANDARD WATER OMITS I Of 5 CITY Of C.C.STANDARD WATER OEIAIIS 2 Of S CITY Or C.C.STANDARD WATER OCT$ILS 3 or A CRY Of C.C.STANDARD WATER OEIULS 4 Of 5 CITY Of C.C.STANDARD WATER MAILS 5 Of 5 LOCATION MAP • NOT TO SCALE ENONEFR: ••`""" MURRAY F. HUDSON,P.E. fliEUREIA14 ENGINEERING CW.'US C-MISTS, 1CIAS ur.rr.`w.,..... +..4 Imo)Ins •':."�'I',.'•u w.ramp .ow .s..rt maw*. Do P.I•ropile VON*L 1106 WWI 045014 .-,4..+F.....,.—.. .+m nR n rintsr 9 I Or m�IST rr/.► Exhibit 2 Page 1 of 2 z 4o z e6ed z T!q!gxa YO.atWar war••^'.•.• 'ON ma.311.6.33 toWMI x r7D•�DDDamrdriY0.CIfNAawTHD a.rr 1Aw 131.10•11/3 sat r a Z .. — ra1•� abV D,10t •mem)NI w COMM r/dl s i' Ltafra.mill D agrJSD d Drw Mr.s 1.110 M Mt rr'S M J. 4 ^... Ores a wrmew PPMC./r WON ulnar MM., N rn J I (111•1110♦ nu VI OaRC 1,A i ., / rl tD JS►W '. I. , .w am w II nnr wem Oda w Y+oqu 1 �. I .+.r..r.a.. .�.� o.aril yd a tat 931.a VII A Oi A Wm m a Pr..Maras. S wI-.o-431.www u+ S i . w!rr.waarras w .v1.D 11 III fl_ NrrIL!)� .. w a A. o.1.......I ran. Ya anew■ A.rat/rn lr�� ^__• . 13 110 t...srwro.wow IMO ama w liel Y Z rwa�JUH arra» �T Hid Or eu�,.w .... I '1 L JaIN am D7Q�al1 « M n.NOM./ammo a»r.arm --1 C iM•Miaw W OZJIMIM "W MIX.M 0•D Grata 5 + J !IA� • q a DraM.4trnDnr.wro.raI I ni POPO.>ti 74{0! rDr•n ewrfa H. ■rnodes EIREOM.*osoMow • IMOD r Au N u Md I•wwma .�. ' !I.mj� TO..rw.6 aw1.R OKIWI bw�i M r M Yifwn in IMO v N /7N Irila•1 ADAM O Dr.'• 1703 a Z P. toot tratral Mra 1130oW, — IN.Mw...SO IJV Jean.a.5,01.1 We/ OM/ram..ram MY to 1!100 O ADM. • CMI ram MAO ~0 7, ram 3.Z1 tans. Oa ,I V{fa.MI..IOaH 40att a M NW :. ar�I 1M 0 nYV MO 'IMMO.anDM N wlI tS a ar fu n WISE IOW.1.anati av WOKE 1.1000 10I TO.Man a 0+>Rr.a n --."—• nal J.1YaDYLf Uranu Dram 1.0 t 45res.Msarw r s auwraMr w 14.•u 1 3Ylom ow W50 i.Y Oar arar ann..MM 61101!Imo Mnc :t''''; 4 r1 Ol en iralan 1M A1.ra O. V•AOw 0O1>•1rt1O WI.va1e 1OM. MI IR)•r 116.Q1 11616 W WI .11/01•111/MR WrMCWIM trla 1160!a iA Wan 04 411.1.3.30 larwnMa 4O O �01t.nr.r.w..oaMrw�Md 1�1 MD.=1..M 04 1e11.ans. AMMO MN 10010 INNS d Ia.11W MM. AN trlsOtO a AraWM D.4.r0r Dna 040.1 4GY1 ...:110 V LOW WI■at',a1N Ora 111.1•11[13 {` QN3J.i i DM.•011111.01p Wdm ar-11.011r.n 4Owaammo N•trlawaW NA MIS 1 P D IM.r.MOM 1311111110.3Y ram km MM .7 50500 res Namara,.....0 Me n l v __ _.. ___. ___.. Ott —' '''11:: 1---- /l 9 g A , _--_ --0a.�r.l.aawawr 161051-- .d p A2 ; „77-77-1:• _ - , t f r 1 r,—...-7. n I 1.:. ;1i.. i -: ��II.Illi*i i % 04':' Ia S a V x "4.....t.:-..,,,,,.-, --r i4 i Y. —.---1 I-11D " -+ ..........4"... 1 '/ ) j b b b . . t, J�7 i a I avv ! Ia --"-.77..... ' , ( U. illab lrl� I 3 _ V'4, 100 it 1 W O A ow IANA t� i M` ' j_ .tom • • 4 . #F „t ; .T .t.4 _ _...__. ._ jjt �..__... ',N10,---------..-1--....,____—_________________ _. + _.__._.—„a-- "Tri._. __._..�.. -,1 mrsormina7 Eng: Murf Hudson, P.E. Preliminary Estimate Sept. 15, 2014 By:AGR for Job No.41852.B4.01 WILKEY ADDITION UNIT 2, LOTS E1, 11,J1, 1-13, H4 H5, H7 AND HB Corpus Christi, Texas ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. WATER IMPROVEMENTS: 1 8"PVC C-900 1,238 1,300 LF $30.00 $39,000.00 2 8"Gate Valve and Box 3 3 EA $1,300.00 $3,900.00 3 8" Ductile Iron Tee 2 2 EA $550.00 $1,100.00 3 8"x6" Ductile Iron Tee 1 1 EA $550.00 $550.00 3 8"x90 Degree Bend 3 3 EA $550.00 $1,650.00 4 Fire Hydrant Assembly(Complete In-place) 2 2 EA $4,500.00 $9,000.00 6 Tie to Existing 8"Water Line 1 1 EA $1,500.00 $1,500.00 WATER SUB-TOTAL: $56,700.00 D. MISCELLANEOUS ITEMS: 1 General Conditions, Bonds and Insurance 1 1 LS $3,600.00 $3,600.00 MISCELLANEOUS SUB-TOTAL: $3,600.00 TOTAL ESTIMATED CONSTRUCTION COSTS: $60,300.00 ENGINEERING,TESTING AND STAKING FEES @ 12% $7,236.00 GRAND TOTAL: $67,536.00 CITY REQUIRED PLUS 10%: X 1.10 TOTAL REQUIRED SECURITY: $74,289.60 Urban Engineering 2725 Swantner Corpus Christi,TX 78404 1-361-854-3101 1 of 1 Exhibit 3 •r 4". 'EIC Letters of Credit Department 1200 San Bernardo Ave. BANK Laredo.TX 78040 Tel:(956)722-7611 Ext.26442 Fax:(956)794-8142 Email: Icdepartmente ibc.com SWIFT:IBCLUS44 We Do More Member International Bancshares Corporation-Member FDIC Irrevocable Letter of Credit No.SBP702429 February 6,2015 Beneficiary: Applicant: City of Corpus Christi Williams Airline Partners, Ltd. P.O.Box 9277 A&W Retail, Ltd. Corpus Christi,Texas 78469-9277 4418 Ocean Drive Corpus Christi,Texas 78412 Amount:$74,289.60 Expiration: February 6,2016 Dear Sir or Madam: We hereby establish our irrevocable letter of credit ("Irrevocable Letter of Credit") in favor of City of Corpus Christi("Beneficiary")for the account of DEVELOPER,acting by and through its authorized agent Williams Airline Partners, Ltd., ("Applicant"), authorizing Beneficiary to draw on BANK, located in 1200 San Bernardo Ave, Laredo, Texas 78040, ("Issuer") the amount of($74,289.60) Seventy Four Thousand Two Hundred Eighty Nine and 60/100 U.S. Dollars, under Beneficiary's draft bearing the clause "Drawn under International Bank of Commerce Irrevocable Letter of Credit No. SBP702429, dated February 6, 2015"and accompanied by all the following documents: 1. The original of this Irrevocable Letter of Credit;and 2. The signed and dated statement of the City of Corpus Christi's City Manager, or any Assistant City Manager, Interim City Manager, Interim City Manager or Interim Assistant City Manager,or Acting City Manager or Acting Assistant City Manager,or the designee of each.The signature of such official claiming such title together with title designation on the draw demand shall be conclusive on the issuer without further exemplification or other proof of identity or title and further stating as follows: "That DEVELOPER has not installed the required improvements or vacated the plat of DEVELOPMENT (Wilkey Addition Unit 2 Subdivision) as required by its Deferment Agreement with the City of Corpus Christi,the Beneficiary,within the time period allowed." This Irrevocable Letter of Credit guarantees the obligations of the Applicant to the Beneficiary as provided in the Deferment Agreement. Partial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is not transferable. SBP702429 Page 1 of 3 Exhibit 4 Page 1 of 3 IBC-6094-01(10/12) 1200 San Bemat Department Q'IBC Letters of BANK. Teruo,TX 78040 Tel:(956)722-7611 Ext.26442 Fax:(956)794-8142 Email: Icdepartmentelbc.com SWIFT: IBCLUS44 We Do More Member International Bancshares Corporation-Member FDIC Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m. (CST), Laredo, Texas, local time no later than February 6, 2016, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one (1) year from the date of issuance and it will be automatically extended, without amendments, for additional periods of one year, and at one year intervals thereafter unless; (1) at least 90 days prior to the then current expiration date, Issuer notifies Beneficiary in writing by Certified Mail at the above address that Issuer has elected not to extend the expiration date of this Irrevocable Letter of Credit; or (2) at least 90 days prior to the then current expiration date, Beneficiary through any of the individuals named above notifies Issuer in writing by Certified Mail at the above address that Beneficiary has elected not to extend the expiration date of this Irrevocable Letter of Credit. In the event that notice of non-extension of the expiration date is given,failure to receive the automatic extension or a substitute Irrevocable Letter of Credit at least 30 days prior to the expiration of the then current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety,even though not stated above as a specific event of default.Upon Issuer notifying Beneficiary of the non-extension of the expiration of the Irrevocable Letter of Credit, Beneficiary may also draw under this Irrevocable Letter of Credit by presentation of Beneficiary's draft bearing the clause "Drawn under International Bank of Commerce Irrevocable Letter of Credit No. SBP702429, dated February 6, 2015" and accompanied by document (1 above without it being necessary for such drawing to be accompanied by document(2 above. This Irrevocable Letter of Credit sets forth in full the terms of the Issuers' undertaking and such undertaking must not in any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein,or in which this Irrevocable Letter of Credit is referred to or to which it relates, and any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Applicant. Furthermore, this Irrevocable Letter of Credit cannot be amended except with the written concurrence of Issuer,the Applicant,and Beneficiary. This Irrevocable Letter of Credit is subject to and governed by the Institute for International Banking Law and practice's International Standby Practices 1998, ICC Publication NO. 590, to the extent not inconsistent with the laws of the State of Texas, which laws govern this Letter of Credit, and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerel , A Wi ;o Martine ,Jr. Senior Vice Pre dent SBP702429 Page 2 of 3 Exhibit 4 Page 2 of 3 tBC-6094-01(10/12) • • e 'BC Letters of Credit Department �. 1200 San Bernardo Ave. BANK Laredo,TX Tel:(956)722-7611 Ext.26442 Fax:(956)794-8142 e Email: lcdepartment@ibc.com SWIFT:IBCLUS44 We Do More Member International Bancshares Corporation-Member FDIC Approved as to form this 1 day of Pe6i- 71Q 20/5— • r\ 1A4 Assist t City Attorney City of Corpus Christi f-1t. Approved as to form this 9 day of ' ..t.t.., 20 i s— e �? Director of Finance SBP702429 Page 3 of 3 Exhibit 4 Page 3 of 3 IBC-6094.01(10112) • City of Corpus Christi,Texas Department of Development Services City of P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 Corpus Located at. 2406 Leopard Street .Christi (Corner of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS 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". , NAME: � "Nk1 PCA,& LC-6 STREET: 4-k A\c Q k-ik bl CITY: C c-env 1 C C i W.% ZIP: 7 (No- . , FIRM is: 0 Corporation 0 Partnership 0 Sole Owner 0 Association 0 Other L. r( L\C \ 14, (p, 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 ! / /n Job Title and City Department(if known) f - 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 A / / 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 I Consultant MV IA 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 aschangesoccur. Certifying Person: \' � c•/ H a.1% Title: ?l -L, (Print) Signature of Certifying Person: Date: )- t (kr K:1DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENCTORDINANCE ADMINISTRATION APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT1.27.12.DOC Exhibit 5 r � DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City 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 or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". 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. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control 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 for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Exhibit 5 Page 2 of 2 City of Corpus Christi,Texas Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 Corpus Located at: 2406 Leopard Street = =Ch ristl (Corner of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS 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". NAME: C 1 " cN Lc. c STREET: Lk k\k 0 (*IGCITY: Co rr C�• v ) ZIP: > y FIRM is: 0 Corporation 0 Partnership 0 Sole Owner0 Association 0 Other `-\a- I^\ L10. 11 Cy 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 ,V/(4 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 ► 7 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 changges occur. Certifying Person: �"\\\C/� \d \\ J\k`�e) Title: ^LV- (Print) ( _ 1 Signature of Certifying Person: Date: I J 1 `p 9 fY 9 K:\DEVELOPMENISVCS\SHARED\LAND DEVELOPMENTORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI.27.t2.DOC Exhibit 5 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City 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 or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". 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. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control 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 for the purpose of professional consultation and recommendation. K:\DEVELOPMENCSVCS\SHARED'JAND DEV ELOPMENT:.ORDINANCE ADMINISTRATIONAPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1 27.12.DOC Exhibit 5 Page 2 of 2 . . ., . � F� N8�� \ Gm��� �� . ^�ALDAWA r� of Corpus ` 'oti D� �� J �w � ��|/|"..^ w�/� cem/ Doc::: -�K�1L����K�~������� Special | c� ' � Pages 22 ^�0����. ^������� r-- 02/11/2015 2:12P11 2406 Leopard, Suite ^'~3 Official Records of NUECES COUNTY Corpus Christi, TX ����� KARA SANDS ~-'r -''''--' ' ~ '~- COUNTY CLERK Fees $99.00 Any nrovision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Racer Color, Relision, Sex, Handicap, Familial Status? or National Orisin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS -) _LS � l---T—VA-12L- l��--1